Common use of Notices and Other Communications Clause in Contracts

Notices and Other Communications. All notices, demands, consents, requests and other communications required or permitted to be given or made hereunder (collectively, “Notices”), except as otherwise specifically provided in this Agreement, shall be in writing and shall be either (a) delivered in person, or (b) mailed, by certified, registered or express mail, postage prepaid, addressed to the respective parties hereto at their respective addresses specified below, or (c) sent in a prepaid overnight delivery envelope via a nationally-recognized courier service (such as Federal Express, United Parcel Service or DHL Worldwide Express) that provides weekday next-Business Day delivery service to the addressee’s location, (d) faxed to their respective fax numbers (with a paper copy mailed the same day as aforesaid) as hereinafter set forth or (e) emailed (with a confirming fax for any funding request) and/or posted to an Internet or intranet website and acknowledged as received as hereinafter set forth; provided that any party may change its address for notice by designating such party’s new address in a Notice to the other parties given at least five Business Days before it shall become effective. All Notices shall be conclusively deemed to have been properly given or served when received in person, regardless of how sent. Regardless of when received, all Notices shall be conclusively deemed to have been properly given or served if addressed in accordance with this Section 23 and (1) if mailed, on the second Business Day after being deposited in the mails, or (2) if sent by nationally-recognized courier service, on the next Business Day or (3) if faxed before the close of business at the recipient’s location on a Business Day, when faxed or if faxed after the close of business at the recipient’s location or on a day that is not a Business Day, on the next Business Day thereafter to the fax number set forth below (provided that a paper copy is mailed on the same day as aforesaid) or (4) if e-mailed, upon the sender’s receipt of an acknowledgement from the intended recipient (such as by the “return receipt requested” function, as available, return e-mail or other written acknowledgement), provided that if any such faxed or emailed notice or other communication is not sent during the normal business hours of the recipient, such notice or communication shall be deemed to have been sent at the opening of business on the next business day for the recipient, and (5) notices or communications posted to an internet or intranet website shall be deemed received upon the “receipt” by the intended recipient at its e-mail address as described in clause (4) above of notification that such notice or communication is available and identifying the website address therefor: If to the Seller: DHI Mortgage Company, Ltd. 00000 Xxxxx Xxxx Xxxx. Xxxxx 000 Xxxxxx, Xxxxx 00000 Attention: Xxxx Xxxxxx / Xxxx Xxxxxxx Telephone: (000) 000-0000 Fax: (000) 000-0000 email: xxxxxxx@xxxxxxxxxxx.xxx / xxxxxxxx@xxxxxxxxxxx.xxx with a copy to: X.X. Xxxxxx, Inc. 000 Xxxxxxxx Xxxxxx, Xxxxx 000 Xxxx Xxxxx, Xxxxx 00000 Attention: Xxx Xxxxxxx or Xxxx Xxxxxxx Telephone: (000) 000-0000 If to U.S. Bank as a Buyer or the Administrative Agent: U.S. Bank National Association 800 Nicollet Mall Mail Station: BC-MN-H03B Xxxxxxxxxxx, XX 00000 Attention: Xxxxx Xxxxxxx Telephone: (000) 000-0000 Fax: (000) 000-0000 email: xxxxx.xxxxxxx@xxxxxx.xxx If to the other Buyers, at the addresses shown on Schedule 23.

Notices and Other Communications. All notices, demands, consents, requests (a) Except in the case of notices and other communications required or expressly permitted to be given or made hereunder by telephone (collectively, “Notices”and except as provided in Section 11.12(b)), except as otherwise specifically all notices and other communications provided in this Agreement, for herein shall be in writing and shall be either delivered by hand or overnight courier service, mailed by certified or registered mail or sent by telecopier or electronic mail as follows, and all notices and other communications expressly permitted hereunder to be given by telephone shall be made to the applicable telephone number, as follows: (ai) delivered if to the Borrowers, the Borrowers’ Agent or any Agent, to the address, telecopier number, electronic mail address or telephone number specified for such Person on Schedule 11.12; (ii) if to any Lender, to the address, telecopier number, electronic mail address or telephone number specified in personits administrative questionnaire; and (iii) if to any Interest Rate Protection Provider, to the address, telecopier, number, electronic mail address or telephone number specified on Schedule 11.12. (b) mailed, by certified, registered or express mail, postage prepaid, addressed to the respective parties hereto at their respective addresses specified below, or (c) sent in a prepaid overnight delivery envelope via a nationally-recognized courier service (such as Federal Express, United Parcel Service or DHL Worldwide Express) that provides weekday next-Business Day delivery service to the addressee’s location, (d) faxed to their respective fax numbers (with a paper copy mailed the same day as aforesaid) as hereinafter set forth or (e) emailed (with a confirming fax for any funding request) and/or posted to an Internet or intranet website and acknowledged as received as hereinafter set forth; provided that any party may change its address for notice by designating such party’s new address in a Notice to the other parties given at least five Business Days before it shall become effective. All Notices shall be conclusively deemed to have been properly given or served when received in person, regardless of how sent. Regardless of when received, all Notices shall be conclusively deemed to have been properly given or served if addressed in accordance with this Section 23 and (1) if mailed, on the second Business Day after being deposited in the mails, or (2) if sent by nationally-recognized hand or overnight courier service, on the next Business Day or (3) if faxed before the close of business at the recipient’s location on a Business Daymailed by certified or registered mail, when faxed or if faxed after the close of business at the recipient’s location or on a day that is not a Business Day, on the next Business Day thereafter to the fax number set forth below (provided that a paper copy is mailed on the same day as aforesaid) or (4) if e-mailed, upon the sender’s receipt of an acknowledgement from the intended recipient (such as by the “return receipt requested” function, as available, return e-mail or other written acknowledgement), provided that if any such faxed or emailed notice or other communication is not sent during the normal business hours of the recipient, such notice or communication shall be deemed to have been given when received; notices sent by telecopier shall be deemed to have been given when sent (except that, if not given during normal business hours for the recipient, shall be deemed to have been given at the opening of business on the next business day Business Day for the recipient, ). Notices delivered through electronic communications to the extent provided in Section 11.12(d) shall be effective as provided in Section 11.12(d). Any notice sent to the Borrowers’ Agent shall be deemed to have been given to all Borrowers. (c) Notices and other communications to the Senior Secured Parties hereunder may be delivered or furnished by electronic communication (5) notices or communications posted to an including e mail and internet or intranet website shall be deemed received upon the “receipt” websites) pursuant to procedures approved by the intended recipient at its e-mail address as described in clause (4) above of notification that such notice or communication is available and identifying the website address therefor: If to the Seller: DHI Mortgage Company, Ltd. 00000 Xxxxx Xxxx Xxxx. Xxxxx 000 Xxxxxx, Xxxxx 00000 Attention: Xxxx Xxxxxx / Xxxx Xxxxxxx Telephone: (000) 000-0000 Fax: (000) 000-0000 email: xxxxxxx@xxxxxxxxxxx.xxx / xxxxxxxx@xxxxxxxxxxx.xxx with a copy to: X.X. Xxxxxx, Inc. 000 Xxxxxxxx Xxxxxx, Xxxxx 000 Xxxx Xxxxx, Xxxxx 00000 Attention: Xxx Xxxxxxx or Xxxx Xxxxxxx Telephone: (000) 000-0000 If to U.S. Bank as a Buyer or the Administrative Agent: U.S. Bank National Association 800 Nicollet Mall Mail Station: BC-MN-H03B Xxxxxxxxxxx, XX 00000 Attention: Xxxxx Xxxxxxx Telephone: ; provided that the foregoing shall not apply to notices to any Lender pursuant to Article II (000Commitments and Funding) 000-0000 Fax: if such Lender has notified the Administrative Agent that it is incapable of receiving notices under such Article II (000) 000-0000 email: xxxxx.xxxxxxx@xxxxxx.xxx If to the other Buyers, at the addresses shown on Schedule 23.

Notices and Other Communications. All notices, demands, consents, requests (a) Except in the case of notices and other communications required or expressly permitted to be given or made hereunder (collectivelyby telephone, “Notices”), except as otherwise specifically all notices and other communications provided in this Agreement, for herein shall be in writing and shall be either (a) delivered in personby hand or overnight courier service, mailed by certified or registered mail or sent by facsimile or, except with respect to any notice of Default or Event of Default, sent by email to the address(es), facsimile number or email address specified for the Borrower, the Senior Facility Agent, the Common Security Trustee, the Swing Line Lender, the Senior Issuing Banks or the Senior Lenders, as applicable, on Schedule 11.11. (b) mailedNotices sent by hand or overnight courier service, or mailed by certified, certified or registered or express mail, postage prepaid, addressed to the respective parties hereto at their respective addresses specified below, or (c) sent in a prepaid overnight delivery envelope via a nationally-recognized courier service (such as Federal Express, United Parcel Service or DHL Worldwide Express) that provides weekday next-Business Day delivery service to the addressee’s location, (d) faxed to their respective fax numbers (with a paper copy mailed the same day as aforesaid) as hereinafter set forth or (e) emailed (with a confirming fax for any funding request) and/or posted to an Internet or intranet website and acknowledged as received as hereinafter set forth; provided that any party may change its address for notice by designating such party’s new address in a Notice to the other parties given at least five Business Days before it shall become effective. All Notices shall be conclusively deemed to have been properly given or served when received in person, regardless of how sent. Regardless of when received, all Notices ; and notices sent by facsimile shall be conclusively deemed to have been properly given or served when sent (except that, if addressed in accordance with this Section 23 and (1) if mailednot given during normal business hours for the recipient, on shall be deemed to have been given at the second Business Day after being deposited in the mails, or (2) if sent by nationally-recognized courier service, opening of business on the next Business Day or (3) if faxed before the close of business at for the recipient’s location on a Business Day). Notices delivered through electronic communications shall be effective as provided in Section 11.11(c). (c) Unless otherwise prescribed, when faxed or if faxed after the close of business at the recipient’s location or on a day that is not a Business Day, on the next Business Day thereafter (i) notices and other communications sent to the fax number set forth below (provided that a paper copy is mailed on the same day as aforesaid) or (4) if an e-mailed, mail address shall be deemed received upon the sender’s receipt of an acknowledgement from the intended recipient (such as by the “return receipt requested” function, as available, return e-mail or other written acknowledgement); provided that, provided that if any such faxed or emailed notice or other communication is not sent received during the normal business hours of the recipient, such notice or communication shall be deemed to have been sent received at the opening of business on the next business day Business Day for the recipient, recipient and (5ii) notices or communications posted to an internet or intranet website shall be deemed received upon the “receipt” deemed receipt by the intended recipient at its e-mail address as described in clause (4) above Schedule 11.11 of notification that such notice or communication is available and identifying the website address therefor: If . Notwithstanding the above, all notices delivered by the Borrower to the Seller: DHI Mortgage CompanySenior Facility Agent through electronic communications shall be followed by the delivery of a hard copy. (d) Each of the Borrower, Ltd. 00000 Xxxxx Xxxx Xxxx. Xxxxx 000 Xxxxxxthe Senior Facility Agent and the Common Security Trustee may change its address, Xxxxx 00000 Attention: Xxxx Xxxxxx / Xxxx Xxxxxxx Telephone: (000) 000-0000 Fax: (000) 000-0000 email: xxxxxxx@xxxxxxxxxxx.xxx / xxxxxxxx@xxxxxxxxxxx.xxx with a copy to: X.X. Xxxxxx, Inc. 000 Xxxxxxxx Xxxxxx, Xxxxx 000 Xxxx Xxxxx, Xxxxx 00000 Attention: Xxx Xxxxxxx facsimile telephone number or Xxxx Xxxxxxx Telephone: (000) 000-0000 If to U.S. Bank as a Buyer or the Administrative Agent: U.S. Bank National Association 800 Nicollet Mall Mail Station: BC-MN-H03B Xxxxxxxxxxx, XX 00000 Attention: Xxxxx Xxxxxxx Telephone: (000) 000-0000 Fax: (000) 000-0000 email: xxxxx.xxxxxxx@xxxxxx.xxx If email address for notices and other communications hereunder by notice to the other Buyersparties hereto. Any Senior Lender, the Swing Line Lender and any Senior Issuing Bank may change its address, facsimile, telephone number or email address for notices and other communications hereunder by notice to the Borrower, the Senior Facility Agent and the Common Security Trustee. (e) The Senior Facility Agent, the Common Security Trustee, the Swing Line Lender, the Senior Issuing Banks and the Senior Lenders shall be entitled to rely and act upon any written notices purportedly given by or on behalf of the Borrower even if (i) such notices were not made in a manner specified herein, were incomplete or were not preceded or followed by any other form of notice specified herein or (ii) the terms thereof, as understood by the recipient, varied from any confirmation thereof. The Borrower shall indemnify the Senior Facility Agent, the Common Security Trustee, the Swing Line Lender, the Senior Issuing Banks, the Senior Lenders and the Related Parties of each of them for all losses, costs, expenses and liabilities resulting from the reliance by such Person on each notice purportedly given by or on behalf of the Borrower. All telephonic notices to and other telephonic communications with the Senior Facility Agent, the Common Security Trustee, the Swing Line Lender, the Senior Issuing Banks and the Senior Lenders by the Borrower may be recorded by the Senior Facility Agent, the Common Security Trustee, the Swing Line Lender, the Senior Issuing Banks and the Senior Lenders, as applicable, and each of the parties hereto hereby consents to such recording. (f) The Senior Facility Agent agrees that the receipt of the communications by the Senior Facility Agent at its e-mail addresses set forth in Schedule 11.11 shall constitute effective delivery to the Senior Facility Agent for purposes of the Financing Documents. The Swing Line Lender, each Senior Issuing Bank and each Senior Lender agrees to notify the Senior Facility Agent in writing (including by electronic communication) from time to time of such Senior Lender’s e-mail address(es) to which the notices may be sent by electronic transmission and that such notices may be sent to such e-mail address(es). (g) Notwithstanding the above, nothing herein shall prejudice the right of the Senior Facility Agent, the Common Security Trustee, the Swing Line Lender, any Senior Issuing Bank and any of the Senior Lenders to give any notice or other communication pursuant to any Financing Document in any other manner specified in such Financing Document. (h) So long as The Bank of Nova Scotia is the Senior Facility Agent, the Borrower hereby agrees that it will provide to the Senior Facility Agent all information, documents and other materials that it is obligated to furnish to the Senior Facility Agent pursuant to the Financing Documents, including all notices, requests, financial statements, financial and other reports, certificates and other information materials, but excluding any such communication that (i) relates to any Loan borrowing, (ii) relates to the payment of any principal or other amount due under this Agreement prior to the scheduled date therefor, (iii) provides notice of any Default or Event of Default or (iv) is required to be delivered to satisfy any condition precedent to any Extension of Credit (all such non-excluded communications being referred to herein collectively as “Communications”), by transmitting the Communications in an electronic/soft medium in a format acceptable to the Senior Facility Agent at the email addresses shown specified in Schedule 11.11. In addition, the Borrower agrees to continue to provide the Communications to the Senior Facility Agent in the manner specified in the Financing Documents but only to the extent requested by the Senior Facility Agent. (i) So long as The Bank of Nova Scotia is the Senior Facility Agent, the Borrower further agrees that the Senior Facility Agent may make the Communications available to the Senior Lenders by posting the Communications on Schedule 23an internet website that may, from time to time, be notified to the Senior Lenders (or any replacement or successor thereto) or a substantially similar electronic transmission system (the “Platform”). The costs and expenses incurred by the Senior Facility Agent in creating and maintaining the Platform shall be paid by the Borrower in accordance with Section 11.06 (Costs and Expenses). (j) THE PLATFORM IS PROVIDED “AS IS” AND “AS AVAILABLE”. THE SENIOR FACILITY AGENT DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE COMMUNICATIONS OR THE ADEQUACY OF THE PLATFORM AND EXPRESSLY DISCLAIMS LIABILITY FOR ERRORS OR OMISSIONS IN THE COMMUNICATIONS. NO WARRANTY OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS OR FREEDOM FROM VIRUSES OR OTHER CODE DEFECTS, IS MADE BY THE SENIOR FACILITY AGENT IN CONNECTION WITH THE COMMUNICATIONS OR THE PLATFORM. IN NO EVENT SHALL THE SENIOR FACILITY AGENT OR ANY AFFILIATE THEREOF OR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, ADVISORS OR REPRESENTATIVES (COLLECTIVELY, “AGENT PARTIES”) HAVE ANY LIABILITY TO THE BORROWER, ANY SENIOR LENDER, THE SWING LINE LENDER, ANY SENIOR ISSUING BANK OR ANY OTHER PERSON OR ENTITY FOR DAMAGES OF ANY KIND, INCLUDING DIRECT OR INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOSSES OR EXPENSES (WHETHER IN TORT, CONTRACT OR OTHERWISE) ARISING OUT OF THE BORROWER’S OR ANY AGENT PARTY’S TRANSMISSION OF COMMUNICATIONS THROUGH THE INTERNET, EXCEPT TO THE EXTENT THE LIABILITY OF ANY AGENT PARTY IS FOUND IN A FINAL NON-APPEALABLE JUDGMENT BY A COURT OF COMPETENT JURISDICTION TO HAVE RESULTED PRIMARILY FROM SUCH AGENT PARTY’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT.

Notices and Other Communications. All notices, demands, consents, requests (a) Except in the case of notices and other communications required or expressly permitted to be given or made hereunder (collectivelyby telephone, “Notices”), except as otherwise specifically all notices and other communications provided in this Agreement, for herein shall be in writing and shall be either (a) delivered in personby hand or overnight courier service, mailed by certified or registered mail or sent by facsimile or, except with respect to any notice of Default or Event of Default, sent by email to the address(es), facsimile number or email address specified for the Borrower, the Senior Facility Agent, the Common Security Trustee, the Swing Line Lender, the Senior Issuing Banks or the Senior Lenders, as applicable, on Schedule 11.11. (b) mailedNotices sent by hand or overnight courier service, or mailed by certified, certified or registered or express mail, postage prepaid, addressed to the respective parties hereto at their respective addresses specified below, or (c) sent in a prepaid overnight delivery envelope via a nationally-recognized courier service (such as Federal Express, United Parcel Service or DHL Worldwide Express) that provides weekday next-Business Day delivery service to the addressee’s location, (d) faxed to their respective fax numbers (with a paper copy mailed the same day as aforesaid) as hereinafter set forth or (e) emailed (with a confirming fax for any funding request) and/or posted to an Internet or intranet website and acknowledged as received as hereinafter set forth; provided that any party may change its address for notice by designating such party’s new address in a Notice to the other parties given at least five Business Days before it shall become effective. All Notices shall be conclusively deemed to have been properly given or served when received in person, regardless of how sent. Regardless of when received, all Notices ; and notices sent by facsimile shall be conclusively deemed to have been properly given or served when sent (except that, if addressed in accordance with this Section 23 and (1) if mailednot given during normal business hours for the recipient, on shall be deemed to have been given at the second Business Day after being deposited in the mails, or (2) if sent by nationally-recognized courier service, opening of business on the next Business Day or (3) if faxed before the close of business at for the recipient’s location on a Business Day). Notices delivered through electronic communications shall be effective as provided in Section 11.11(c). (c) Unless otherwise prescribed, when faxed or if faxed after the close of business at the recipient’s location or on a day that is not a Business Day, on the next Business Day thereafter (i) notices and other communications sent to the fax number set forth below (provided that a paper copy is mailed on the same day as aforesaid) or (4) if e-mailed, an e‑mail address shall be deemed received upon the sender’s receipt of an acknowledgement from the intended recipient (such as by the “return receipt requested” function, as available, return e-mail e‑mail or other written acknowledgement); provided that, provided that if any such faxed or emailed notice or other communication is not sent received during the normal business hours of the recipient, such notice or communication shall be deemed to have been sent received at the opening of business on the next business day Business Day for the recipient, recipient and (5ii) notices or communications posted to an internet or intranet website shall be deemed received upon the “receipt” deemed receipt by the intended recipient at its e-mail address as described in clause (4) above Schedule 11.11 of notification that such notice or communication is available and identifying the website address therefor: If . Notwithstanding the above, all notices delivered by the Borrower to the Seller: DHI Mortgage CompanySenior Facility Agent through electronic communications shall be followed by the delivery of a hard copy. (d) Each of the Borrower, Ltd. 00000 Xxxxx Xxxx Xxxx. Xxxxx 000 Xxxxxxthe Senior Facility Agent and the Common Security Trustee may change its address, Xxxxx 00000 Attention: Xxxx Xxxxxx / Xxxx Xxxxxxx Telephone: (000) 000-0000 Fax: (000) 000-0000 email: xxxxxxx@xxxxxxxxxxx.xxx / xxxxxxxx@xxxxxxxxxxx.xxx with a copy to: X.X. Xxxxxx, Inc. 000 Xxxxxxxx Xxxxxx, Xxxxx 000 Xxxx Xxxxx, Xxxxx 00000 Attention: Xxx Xxxxxxx facsimile telephone number or Xxxx Xxxxxxx Telephone: (000) 000-0000 If to U.S. Bank as a Buyer or the Administrative Agent: U.S. Bank National Association 800 Nicollet Mall Mail Station: BC-MN-H03B Xxxxxxxxxxx, XX 00000 Attention: Xxxxx Xxxxxxx Telephone: (000) 000-0000 Fax: (000) 000-0000 email: xxxxx.xxxxxxx@xxxxxx.xxx If email address for notices and other communications hereunder by notice to the other Buyersparties hereto. Any Senior Lender, the Swing Line Lender and any Senior Issuing Bank may change its address, facsimile, telephone number or email address for notices and other communications hereunder by notice to the Borrower, the Senior Facility Agent and the Common Security Trustee. (e) The Senior Facility Agent, the Common Security Trustee, the Swing Line Lender, the Senior Issuing Banks and the Senior Lenders shall be entitled to rely and act upon any written notices purportedly given by or on behalf of the Borrower even if (i) such notices were not made in a manner specified herein, were incomplete or were not preceded or followed by any other form of notice specified herein or (ii) the terms thereof, as understood by the recipient, varied from any confirmation thereof. The Borrower shall indemnify the Senior Facility Agent, the Common Security Trustee, the Swing Line Lender, the Senior Issuing Banks, the Senior Lenders and the Related Parties of each of them for all losses, costs, expenses and liabilities resulting from the reliance by such Person on each notice purportedly given by or on behalf of the Borrower. All telephonic notices to and other telephonic communications with the Senior Facility Agent, the Common Security Trustee, the Swing Line Lender, the Senior Issuing Banks and the Senior Lenders by the Borrower may be recorded by the Senior Facility Agent, the Common Security Trustee, the Swing Line Lender, the Senior Issuing Banks and the Senior Lenders, as applicable, and each of the parties hereto hereby consents to such recording. (f) The Senior Facility Agent agrees that the receipt of the communications by the Senior Facility Agent at its e-mail addresses set forth in Schedule 11.11 shall constitute effective delivery to the Senior Facility Agent for purposes of the Financing Documents. The Swing Line Lender, each Senior Issuing Bank and each Senior Lender agrees to notify the Senior Facility Agent in writing (including by electronic communication) from time to time of such Senior Lender’s e-mail address(es) to which the notices may be sent by electronic transmission and that such notices may be sent to such e-mail address(es). (g) Notwithstanding the above, nothing herein shall prejudice the right of the Senior Facility Agent, the Common Security Trustee, the Swing Line Lender, any Senior Issuing Bank and any of the Senior Lenders to give any notice or other communication pursuant to any Financing Document in any other manner specified in such Financing Document. (h) So long as The Bank of Nova Scotia is the Senior Facility Agent, the Borrower hereby agrees that it will provide to the Senior Facility Agent all information, documents and other materials that it is obligated to furnish to the Senior Facility Agent pursuant to the Financing Documents, including all notices, requests, financial statements, financial and other reports, certificates and other information materials, but excluding any such communication that (i) relates to any Loan borrowing, (ii) relates to the payment of any principal or other amount due under this Agreement prior to the scheduled date therefor, (iii) provides notice of any Default or Event of Default or (iv) is required to be delivered to satisfy any condition precedent to any Extension of Credit (all such non-excluded communications being referred to herein collectively as “Communications”), by transmitting the Communications in an electronic/soft medium in a format acceptable to the Senior Facility Agent at the email addresses shown specified in Schedule 11.11. In addition, the Borrower agrees to continue to provide the Communications to the Senior Facility Agent in the manner specified in the Financing Documents but only to the extent requested by the Senior Facility Agent. (i) So long as The Bank of Nova Scotia is the Senior Facility Agent, the Borrower further agrees that the Senior Facility Agent may make the Communications available to the Senior Lenders by posting the Communications on Schedule 23an internet website that may, from time to time, be notified to the Senior Lenders (or any replacement or successor thereto) or a substantially similar electronic transmission system (the “Platform”). The costs and expenses incurred by the Senior Facility Agent in creating and maintaining the Platform shall be paid by the Borrower in accordance with Section 11.06 (Costs and Expenses). (j) THE PLATFORM IS PROVIDED “AS IS” AND “AS AVAILABLE”. THE SENIOR FACILITY AGENT DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE COMMUNICATIONS OR THE ADEQUACY OF THE PLATFORM AND EXPRESSLY DISCLAIMS LIABILITY FOR ERRORS OR OMISSIONS IN THE COMMUNICATIONS. NO WARRANTY OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON‑INFRINGEMENT OF THIRD PARTY RIGHTS OR FREEDOM FROM VIRUSES OR OTHER CODE DEFECTS, IS MADE BY THE SENIOR FACILITY AGENT IN CONNECTION WITH THE COMMUNICATIONS OR THE PLATFORM. IN NO EVENT SHALL THE SENIOR FACILITY AGENT OR ANY AFFILIATE THEREOF OR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, ADVISORS OR REPRESENTATIVES (COLLECTIVELY, “AGENT PARTIES”) HAVE ANY LIABILITY TO THE BORROWER, ANY SENIOR LENDER, THE SWING LINE LENDER, ANY SENIOR ISSUING BANK OR ANY OTHER PERSON OR ENTITY FOR DAMAGES OF ANY KIND, INCLUDING DIRECT OR INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOSSES OR EXPENSES (WHETHER IN TORT, CONTRACT OR OTHERWISE) ARISING OUT OF THE BORROWER’S OR ANY AGENT PARTY’S TRANSMISSION OF COMMUNICATIONS THROUGH THE INTERNET, EXCEPT TO THE EXTENT THE LIABILITY OF ANY AGENT PARTY IS FOUND IN A FINAL NON-APPEALABLE JUDGMENT BY A COURT OF COMPETENT JURISDICTION TO HAVE RESULTED PRIMARILY FROM SUCH AGENT PARTY’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT.

Notices and Other Communications. All notices, demands, consents, requests (a) Except in the case of notices and other communications required or expressly permitted to be given or made hereunder (collectivelyby telephone, “Notices”), except as otherwise specifically all notices and other communications provided in this Agreement, for herein shall be in writing and shall be either (a) delivered in personby hand or overnight courier service, mailed by certified or registered mail or sent by facsimile or, except with respect to any notice of Default or Event of Default, sent by email to the address(es), facsimile number or email address specified for the Borrower, the KSURE Covered Facility Agent, the Common Security Trustee or the KSURE Covered Facility Lenders, as applicable, on Schedule 11.11. (b) mailedNotices sent by hand or overnight courier service, or mailed by certified, certified or registered or express mail, postage prepaid, addressed to the respective parties hereto at their respective addresses specified below, or (c) sent in a prepaid overnight delivery envelope via a nationally-recognized courier service (such as Federal Express, United Parcel Service or DHL Worldwide Express) that provides weekday next-Business Day delivery service to the addressee’s location, (d) faxed to their respective fax numbers (with a paper copy mailed the same day as aforesaid) as hereinafter set forth or (e) emailed (with a confirming fax for any funding request) and/or posted to an Internet or intranet website and acknowledged as received as hereinafter set forth; provided that any party may change its address for notice by designating such party’s new address in a Notice to the other parties given at least five Business Days before it shall become effective. All Notices shall be conclusively deemed to have been properly given or served when received in person, regardless of how sent. Regardless of when received, all Notices ; and notices sent by facsimile shall be conclusively deemed to have been properly given or served when sent (except that, if addressed in accordance with this Section 23 and (1) if mailednot given during normal business hours for the recipient, on shall be deemed to have been given at the second Business Day after being deposited in the mails, or (2) if sent by nationally-recognized courier service, opening of business on the next Business Day or (3) if faxed before the close of business at for the recipient’s location on a Business Day). Notices delivered through electronic communications shall be effective as provided in Section 11.11(c). (c) Unless otherwise prescribed, when faxed or if faxed after the close of business at the recipient’s location or on a day that is not a Business Day, on the next Business Day thereafter (i) notices and other communications sent to the fax number set forth below (provided that a paper copy is mailed on the same day as aforesaid) or (4) if an e-mailed, mail address shall be deemed received upon the sender’s receipt of an acknowledgement from the intended recipient (such as by the “return receipt requested” function, as available, return e-mail or other written acknowledgement); provided that, provided that if any such faxed or emailed notice or other communication is not sent received during the normal business hours of the recipient, such notice or communication shall be deemed to have been sent received at the opening of business on the next business day Business Day for the recipient, and (5ii) notices or communications posted to an internet or intranet website shall be deemed received upon the “receipt” deemed receipt by the intended recipient at its e-mail address as described in clause (4) above Schedule 11.11 of notification that such notice or communication is available and identifying the website address therefor: If . Notwithstanding the above, all notices delivered by the Borrower to the Seller: DHI Mortgage CompanyKSURE Covered Facility Agent through electronic communications shall be followed by the delivery of a hard copy. (d) Each of the Borrower, Ltd. 00000 Xxxxx Xxxx Xxxx. Xxxxx 000 Xxxxxxthe KSURE Covered Facility Agent and the Common Security Trustee may change its address, Xxxxx 00000 Attention: Xxxx Xxxxxx / Xxxx Xxxxxxx Telephone: (000) 000-0000 Fax: (000) 000-0000 email: xxxxxxx@xxxxxxxxxxx.xxx / xxxxxxxx@xxxxxxxxxxx.xxx with a copy to: X.X. Xxxxxx, Inc. 000 Xxxxxxxx Xxxxxx, Xxxxx 000 Xxxx Xxxxx, Xxxxx 00000 Attention: Xxx Xxxxxxx facsimile or Xxxx Xxxxxxx Telephone: (000) 000-0000 If to U.S. Bank as a Buyer or the Administrative Agent: U.S. Bank National Association 800 Nicollet Mall Mail Station: BC-MN-H03B Xxxxxxxxxxx, XX 00000 Attention: Xxxxx Xxxxxxx Telephone: (000) 000-0000 Fax: (000) 000-0000 email: xxxxx.xxxxxxx@xxxxxx.xxx If telephone number for notices and other communications hereunder by notice to the other Buyersparties hereto. Any KSURE Covered Facility Lender may change its address, facsimile or telephone number for notices and other communications hereunder by notice to the Borrower, the KSURE Covered Facility Agent and the Common Security Trustee. (e) The KSURE Covered Facility Agent, the Common Security Trustee and the KSURE Covered Facility Lenders shall be entitled to rely and act upon any written notices purportedly given by or on behalf of the Borrower even if (i) such notices were not made in a manner specified herein, were incomplete or were not preceded or followed by any other form of notice specified herein, or (ii) the terms thereof, as understood by the recipient, varied from any confirmation thereof. The Borrower shall indemnify the KSURE Covered Facility Agent, the Common Security Trustee, the KSURE Covered Facility Lenders and the Related Parties of each of them for all losses, costs, expenses and liabilities resulting from the reliance by such Person on each notice purportedly given by or on behalf of the Borrower. All telephonic notices to and other telephonic communications with the KSURE Covered Facility Agent, the Common Security Trustee and the KSURE Covered Facility Lenders by the Borrower may be recorded by the KSURE Covered Facility Agent, the Common Security Trustee and the KSURE Covered Facility Lenders, as applicable, and each of the parties hereto hereby consents to such recording. (f) The KSURE Covered Facility Agent agrees that the receipt of the communications by the KSURE Covered Facility Agent at its e-mail addresses set forth in Schedule 11.11 shall constitute effective delivery to the KSURE Covered Facility Agent for purposes of the Financing Documents. Each KSURE Covered Facility Lender agrees to notify the KSURE Covered Facility Agent in writing (including by electronic communication) from time to time of such KSURE Covered Facility Lender’s e-mail address(es) to which the notices may be sent by electronic transmission and that such notices may be sent to such e-mail address(es). (g) Notwithstanding the above, nothing herein shall prejudice the right of the KSURE Covered Facility Agent, the Common Security Trustee and any of the KSURE Covered Facility Lenders to give any notice or other communication pursuant to any Financing Document in any other manner specified in such Financing Document. (h) So long as The Korea Development Bank, New York Branch is the KSURE Covered Facility Agent, the Borrower hereby agrees that it will provide to the KSURE Covered Facility Agent all information, documents and other materials that it is obligated to furnish to the KSURE Covered Facility Agent pursuant to the Financing Documents, including all notices, requests, financial statements, financial and other reports, certificates and other information materials, but excluding any such communication that (i) relates to any KSURE Covered Facility Loan Borrowing, (ii) relates to the payment of any principal or other amount due under this Agreement prior to the scheduled date therefor, (iii) provides notice of any Default or Event of Default or (iv) is required to be delivered to satisfy any condition precedent to any KSURE Covered Facility Loan Borrowing (all such non-excluded communications being referred to herein collectively as “Communications”), by transmitting the Communications in an electronic/soft medium in a format acceptable to the KSURE Covered Facility Agent at the email addresses shown specified in Schedule 11.11. In addition, the Borrower agrees to continue to provide the Communications to the KSURE Covered Facility Agent in the manner specified in the Financing Documents but only to the extent requested by the KSURE Covered Facility Agent. (i) So long as The Korea Development Bank, New York Branch is the KSURE Covered Facility Agent, the Borrower further agrees that the KSURE Covered Facility Agent may make the Communications available to the KSURE Covered Facility Lenders by posting the Communications on Schedule 23an internet website that may, from time to time, be notified to the KSURE Covered Facility Lenders (or any replacement or successor thereto) or a substantially similar electronic transmission system (the “Platform”). The costs and expenses incurred by the KSURE Covered Facility Agent in creating and maintaining the Platform shall be paid by Borrower in accordance with Section 11.06 (Costs and Expenses). (j) THE PLATFORM IS PROVIDED “AS IS” AND “AS AVAILABLE”. THE KSURE COVERED FACILITY AGENT DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE COMMUNICATIONS OR THE ADEQUACY OF THE PLATFORM AND EXPRESSLY DISCLAIMS LIABILITY FOR ERRORS OR OMISSIONS IN THE COMMUNICATIONS. NO WARRANTY OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS OR FREEDOM FROM VIRUSES OR OTHER CODE DEFECTS, IS MADE BY THE KSURE COVERED FACILITY AGENT IN CONNECTION WITH THE COMMUNICATIONS OR THE PLATFORM. IN NO EVENT SHALL THE KSURE COVERED FACILITY AGENT OR ANY AFFILIATE THEREOF OR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, ADVISORS OR REPRESENTATIVES (COLLECTIVELY, “AGENT PARTIES”) HAVE ANY LIABILITY TO THE BORROWER, ANY KSURE COVERED FACILITY LENDER OR ANY OTHER PERSON OR ENTITY FOR DAMAGES OF ANY KIND, INCLUDING DIRECT OR INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOSSES OR EXPENSES (WHETHER IN TORT, CONTRACT OR OTHERWISE) ARISING OUT OF THE BORROWER’S OR ANY AGENT PARTY’S TRANSMISSION OF COMMUNICATIONS THROUGH THE INTERNET, EXCEPT TO THE EXTENT THE LIABILITY OF ANY AGENT PARTY IS FOUND IN A FINAL NON-APPEALABLE JUDGMENT BY A COURT OF COMPETENT JURISDICTION TO HAVE RESULTED PRIMARILY FROM SUCH AGENT PARTY’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT.

Notices and Other Communications. All notices, demands, consents, requests (a) Except in the case of notices and other communications required or expressly permitted to be given or made hereunder by telephone (collectively, “Notices”and except as provided in Section 11.11(b)), except as otherwise specifically all notices and other communications provided in this Agreement, for herein shall be in writing and shall be either delivered by hand or overnight courier service, mailed by certified or registered mail or sent by telecopier or electronic mail as follows, and all notices and other communications expressly permitted hereunder to be given by telephone shall be made to the applicable telephone number, as follows: (ai) delivered if to any party hereto other than a Lender, to the address, telecopier number, electronic mail address or telephone number specified for such Person on Schedule 11.11(a); and (ii) if to any Lender, to the address, telecopier number, electronic mail address or telephone number specified in person, or its administrative questionnaire. (b) mailed, by certified, registered or express mail, postage prepaid, addressed to the respective parties hereto at their respective addresses specified below, or (c) sent in a prepaid overnight delivery envelope via a nationally-recognized courier service (such as Federal Express, United Parcel Service or DHL Worldwide Express) that provides weekday next-Business Day delivery service to the addressee’s location, (d) faxed to their respective fax numbers (with a paper copy mailed the same day as aforesaid) as hereinafter set forth or (e) emailed (with a confirming fax for any funding request) and/or posted to an Internet or intranet website and acknowledged as received as hereinafter set forth; provided that any party may change its address for notice by designating such party’s new address in a Notice to the other parties given at least five Business Days before it shall become effective. All Notices shall be conclusively deemed to have been properly given or served when received in person, regardless of how sent. Regardless of when received, all Notices shall be conclusively deemed to have been properly given or served if addressed in accordance with this Section 23 and (1) if mailed, on the second Business Day after being deposited in the mails, or (2) if sent by nationally-recognized hand or overnight courier service, on the next Business Day or (3) if faxed before the close of business at the recipient’s location on a Business Daymailed by certified or registered mail, when faxed or if faxed after the close of business at the recipient’s location or on a day that is not a Business Day, on the next Business Day thereafter to the fax number set forth below (provided that a paper copy is mailed on the same day as aforesaid) or (4) if e-mailed, upon the sender’s receipt of an acknowledgement from the intended recipient (such as by the “return receipt requested” function, as available, return e-mail or other written acknowledgement), provided that if any such faxed or emailed notice or other communication is not sent during the normal business hours of the recipient, such notice or communication shall be deemed to have been given when received; notices sent by telecopier shall be deemed to have been given when sent (except that, if not given during normal business hours for the recipient, shall be deemed to have been given at the opening of business on the next business day Business Day for the recipient, ). Notices delivered through electronic communications to the extent provided in Section 11.11(d) shall be effective as provided in Section 11.11(d). (c) Notices and other communications to the Lenders or any Agent hereunder may be delivered or furnished by electronic communication (5) notices or communications posted to an including e-mail and internet or intranet website shall be deemed received upon the “receipt” websites) pursuant to procedures approved by the intended recipient at its e-mail address as described in clause (4) above of notification that such notice or communication is available and identifying the website address therefor: If to the Seller: DHI Mortgage Company, Ltd. 00000 Xxxxx Xxxx Xxxx. Xxxxx 000 Xxxxxx, Xxxxx 00000 Attention: Xxxx Xxxxxx / Xxxx Xxxxxxx Telephone: (000) 000-0000 Fax: (000) 000-0000 email: xxxxxxx@xxxxxxxxxxx.xxx / xxxxxxxx@xxxxxxxxxxx.xxx with a copy to: X.X. Xxxxxx, Inc. 000 Xxxxxxxx Xxxxxx, Xxxxx 000 Xxxx Xxxxx, Xxxxx 00000 Attention: Xxx Xxxxxxx or Xxxx Xxxxxxx Telephone: (000) 000-0000 If to U.S. Bank as a Buyer or the Administrative Agent: U.S. Bank National Association 800 Nicollet Mall Mail Station: BC-MN-H03B Xxxxxxxxxxx, XX 00000 Attention: Xxxxx Xxxxxxx Telephone: (000) 000-0000 Fax: (000) 000-0000 email: xxxxx.xxxxxxx@xxxxxx.xxx If and in the case of notices to the other BuyersCollateral Agent, at by the addresses shown on Schedule 23.Collateral Agent as well; provided that the foregoing shall not apply to notices to any Lender pursuant to ARTICLE II (

Notices and Other Communications. All notices, demands, consents, requests (a) Except in the case of notices and other communications required or expressly permitted to be given or made hereunder by telephone (collectively, “Notices”and except as provided in Section 10.11(b)), except as otherwise specifically all notices and other communications provided in this Agreement, for herein shall be in writing and shall be either delivered by hand or overnight courier service, mailed by certified or registered mail or sent by telecopier or electronic mail as follows, and all notices and other communications expressly permitted hereunder to be given by telephone shall be made to the applicable telephone number, as follows: (ai) delivered if to the Borrower or any Agent, to the address, telecopier number, electronic mail address or telephone number specified for such Person on Schedule 10.11(a); (ii) if to any Lender, to the address, telecopier number, electronic mail address or telephone number specified in personits administrative questionnaire; and (iii) if to any Interest Rate Protection Provider, to the address, telecopier, number, electronic mail address or telephone number specified on Schedule 10.11(a). (b) mailed, by certified, registered or express mail, postage prepaid, addressed to the respective parties hereto at their respective addresses specified below, or (c) sent in a prepaid overnight delivery envelope via a nationally-recognized courier service (such as Federal Express, United Parcel Service or DHL Worldwide Express) that provides weekday next-Business Day delivery service to the addressee’s location, (d) faxed to their respective fax numbers (with a paper copy mailed the same day as aforesaid) as hereinafter set forth or (e) emailed (with a confirming fax for any funding request) and/or posted to an Internet or intranet website and acknowledged as received as hereinafter set forth; provided that any party may change its address for notice by designating such party’s new address in a Notice to the other parties given at least five Business Days before it shall become effective. All Notices shall be conclusively deemed to have been properly given or served when received in person, regardless of how sent. Regardless of when received, all Notices shall be conclusively deemed to have been properly given or served if addressed in accordance with this Section 23 and (1) if mailed, on the second Business Day after being deposited in the mails, or (2) if sent by nationally-recognized hand or overnight courier service, on the next Business Day or (3) if faxed before the close of business at the recipient’s location on a Business Daymailed by certified or registered mail, when faxed or if faxed after the close of business at the recipient’s location or on a day that is not a Business Day, on the next Business Day thereafter to the fax number set forth below (provided that a paper copy is mailed on the same day as aforesaid) or (4) if e-mailed, upon the sender’s receipt of an acknowledgement from the intended recipient (such as by the “return receipt requested” function, as available, return e-mail or other written acknowledgement), provided that if any such faxed or emailed notice or other communication is not sent during the normal business hours of the recipient, such notice or communication shall be deemed to have been given when received; notices sent by telecopier shall be deemed to have been given when sent (except that, if not given during normal business hours for the recipient, shall be deemed to have been given at the opening of business on the next business day Business Day for the recipient, ). Notices delivered through electronic communications to the extent provided in Section 10.11(d) shall be effective as provided in Section 10.11(d). (c) Notices and other communications to the Lenders or any Agent hereunder may be delivered or furnished by electronic communication (5) notices or communications posted to an including e-mail and internet or intranet website shall be deemed received upon the “receipt” websites) pursuant to procedures approved by the intended recipient at its e-mail address as described in clause (4) above of notification that such notice or communication is available and identifying the website address therefor: If to the Seller: DHI Mortgage Company, Ltd. 00000 Xxxxx Xxxx Xxxx. Xxxxx 000 Xxxxxx, Xxxxx 00000 Attention: Xxxx Xxxxxx / Xxxx Xxxxxxx Telephone: (000) 000-0000 Fax: (000) 000-0000 email: xxxxxxx@xxxxxxxxxxx.xxx / xxxxxxxx@xxxxxxxxxxx.xxx with a copy to: X.X. Xxxxxx, Inc. 000 Xxxxxxxx Xxxxxx, Xxxxx 000 Xxxx Xxxxx, Xxxxx 00000 Attention: Xxx Xxxxxxx or Xxxx Xxxxxxx Telephone: (000) 000-0000 If to U.S. Bank as a Buyer or the Administrative Agent: U.S. Bank National Association 800 Nicollet Mall Mail Station: BC-MN-H03B Xxxxxxxxxxx, XX 00000 Attention: Xxxxx Xxxxxxx Telephone: (000) 000-0000 Fax: (000) 000-0000 email: xxxxx.xxxxxxx@xxxxxx.xxx If and in the case of notices to the other BuyersCollateral Agent, at by the addresses shown on Schedule 23.Collateral Agent as well; provided that the foregoing shall not apply to notices to any Lender pursuant to ARTICLE II (

Notices and Other Communications. All noticesUnless otherwise expressly provided herein, demands, consents, requests all notices and other communications required provided for hereunder shall be in writing (including by facsimile transmission and electronic mail) and delivered to such numbers or permitted addresses set forth on the relevant signature blocks hereto or as given from each party to the other in writing from time to time; provided that electronic mail may be used only to distribute routine communications, such as financial statements and other information as provided in Section 5(b). All notices and other communications shall be deemed to be effective upon receipt. The Lenders and the Agent shall be entitled to rely and act upon any notices purportedly given by or on behalf of the Borrower even if (i) such notices were not made in a manner specified herein, were incomplete or were not preceded or followed by any other form of notice specified herein, or (ii) the terms thereof, as understood by the recipient, varied from any confirmation thereof. The Borrower hereby acknowledges that certain of the Lenders (each, a “Public Lender”) may have personnel who do not wish to receive material non-public information LEGAL_US_E # 171549701.1171549701.5 with respect to the Borrower or its securities, and who may be engaged in investment and other market-related activities with respect to the Borrower’s securities. The Borrower hereby agrees that it will use commercially reasonable efforts to identify that portion of the materials and information provided by or on behalf of the Borrower hereunder and under the other Transaction Documents (collectively, “NoticesBorrower Materials”)) that may be distributed to the Public Lenders and that (i) all such Borrower Materials shall be clearly and conspicuously marked “PUBLIC,” which, except as otherwise specifically provided in this Agreementat a minimum, shall be in writing and mean that the word “PUBLIC” shall be either (a) delivered in person, or (b) mailed, by certified, registered or express mail, postage prepaid, addressed to the respective parties hereto at their respective addresses specified below, or (c) sent in a prepaid overnight delivery envelope via a nationally-recognized courier service (such as Federal Express, United Parcel Service or DHL Worldwide Express) that provides weekday next-Business Day delivery service to the addressee’s location, (d) faxed to their respective fax numbers (with a paper copy mailed the same day as aforesaid) as hereinafter set forth or (e) emailed (with a confirming fax for any funding request) and/or posted to an Internet or intranet website and acknowledged as received as hereinafter set forth; provided that any party may change its address for notice by designating such party’s new address in a Notice to the other parties given at least five Business Days before it shall become effective. All Notices shall be conclusively deemed to have been properly given or served when received in person, regardless of how sent. Regardless of when received, all Notices shall be conclusively deemed to have been properly given or served if addressed in accordance with this Section 23 and (1) if mailed, appear prominently on the second Business Day after being deposited in first page thereof; (ii) by marking Borrower Materials “PUBLIC,” the mails, or (2) if sent by nationally-recognized courier service, on the next Business Day or (3) if faxed before the close of business at the recipient’s location on a Business Day, when faxed or if faxed after the close of business at the recipient’s location or on a day that is not a Business Day, on the next Business Day thereafter to the fax number set forth below (provided that a paper copy is mailed on the same day as aforesaid) or (4) if e-mailed, upon the sender’s receipt of an acknowledgement from the intended recipient (such as by the “return receipt requested” function, as available, return e-mail or other written acknowledgement), provided that if any such faxed or emailed notice or other communication is not sent during the normal business hours of the recipient, such notice or communication Borrower shall be deemed to have been sent at authorized the opening of business on Agent and the next business day for the recipient, and (5) notices or communications posted Lenders to an internet or intranet website shall be deemed received upon the “receipt” by the intended recipient at its etreat such Borrower Materials as not containing any material non-mail address as described in clause (4) above of notification that such notice or communication is available and identifying the website address therefor: If public information with respect to the Seller: DHI Mortgage Company, Ltd. 00000 Xxxxx Xxxx Xxxx. Xxxxx 000 Xxxxxx, Xxxxx 00000 Attention: Xxxx Xxxxxx / Xxxx Xxxxxxx Telephone: (000) 000-0000 Fax: (000) 000-0000 email: xxxxxxx@xxxxxxxxxxx.xxx / xxxxxxxx@xxxxxxxxxxx.xxx with a copy to: X.X. Xxxxxx, Inc. 000 Xxxxxxxx Xxxxxx, Xxxxx 000 Xxxx Xxxxx, Xxxxx 00000 Attention: Xxx Xxxxxxx Borrower or Xxxx Xxxxxxx Telephone: (000) 000-0000 If to its securities for purposes of U.S. Bank as a Buyer or the Administrative Agent: U.S. Bank National Association 800 Nicollet Mall Mail Station: BC-MN-H03B Xxxxxxxxxxx, XX 00000 Attention: Xxxxx Xxxxxxx Telephone: (000) 000-0000 Fax: (000) 000-0000 email: xxxxx.xxxxxxx@xxxxxx.xxx If to the other Buyers, at the addresses shown on Schedule 23federal and state securities Laws.

Notices and Other Communications. All notices, demands, consents, requests and other communications required (a) Any communication between the Parties or permitted notices provided herein to be given or made hereunder (collectively, “Notices”), except may be given as otherwise specifically provided in this Section 23.9 (Notices) of the Common Terms Agreement, which shall apply mutatis mutandis to this Section 12.10 (Notices and Other Communications) as if fully set forth herein except that references to the Intercreditor Agent shall be in writing deemed references to the Term Loan Facility Agent as the context requires. (b) The Term Loan Facility Agent, the Security Trustee and the Term Lenders shall be either entitled to rely and act upon any written notices purportedly given by or on behalf of the Borrower even if (ai) delivered such notices were not made in persona manner specified herein, were incomplete or were not preceded or followed by any other form of notice specified herein, or (bii) mailedthe terms thereof, as understood by certifiedthe recipient, registered or express mailvaried from any confirmation thereof. All telephonic notices to and other telephonic communications with the Term Loan Facility Agent, postage prepaidthe Security Trustee and the Term Lenders by the Borrower may be recorded by the Term Loan Facility Agent, addressed to the respective Security Trustee and the Term Lenders, as applicable, and each of the parties hereto at their respective addresses specified below, or hereby consents to such recording. (c) sent in a prepaid overnight delivery envelope via a nationally-recognized courier service (such as Federal ExpressNotwithstanding the above, United Parcel Service or DHL Worldwide Express) that provides weekday next-Business Day delivery service nothing herein shall prejudice the right of the Term Loan Facility Agent, the Security Trustee and any of the Term Lenders to the addressee’s location, (d) faxed to their respective fax numbers (with a paper copy mailed the same day as aforesaid) as hereinafter set forth or (e) emailed (with a confirming fax for give any funding request) and/or posted to an Internet or intranet website and acknowledged as received as hereinafter set forth; provided that any party may change its address for notice by designating such party’s new address in a Notice to the other parties given at least five Business Days before it shall become effective. All Notices shall be conclusively deemed to have been properly given or served when received in person, regardless of how sent. Regardless of when received, all Notices shall be conclusively deemed to have been properly given or served if addressed in accordance with this Section 23 and (1) if mailed, on the second Business Day after being deposited in the mails, or (2) if sent by nationally-recognized courier service, on the next Business Day or (3) if faxed before the close of business at the recipient’s location on a Business Day, when faxed or if faxed after the close of business at the recipient’s location or on a day that is not a Business Day, on the next Business Day thereafter to the fax number set forth below (provided that a paper copy is mailed on the same day as aforesaid) or (4) if e-mailed, upon the sender’s receipt of an acknowledgement from the intended recipient (such as by the “return receipt requested” function, as available, return e-mail or other written acknowledgement), provided that if any such faxed or emailed notice or other communication pursuant to any Finance Document in any other manner specified in such Finance Document. (d) Notwithstanding anything to the contrary in any other Finance Document, for so long as Société Générale is not sent during the normal business hours Term Loan Facility Agent, the Borrower hereby agrees that it will provide to the Term Loan Facility Agent all information, documents and other materials that it is obligated to furnish to the Term Loan Facility Agent pursuant to the Finance Documents, including all notices, requests, financial statements, financial and other reports, certificates and other information materials, but excluding any such communication that (i) relates to any Term Loan Borrowing, (ii) relates to the payment of any principal or other amount due under this Agreement prior to the scheduled date therefor, (iii) provides notice of any Loan Facility Event of Default or Unmatured Loan Facility Event of Default or (iv) is required to be delivered to satisfy any condition precedent to any Term Loan Borrowing (all such non-excluded communications being referred to herein collectively as “Communications”), in an electronic/soft medium in a format acceptable to the Term Loan Facility Agent at the email addresses specified in Schedule Q – 2 (Addresses for Notices to Facility Agents) of the recipientCommon Terms Agreement. In addition, such notice or communication shall be deemed the Borrower agrees to have been sent at continue to provide the opening of business on Communications to the next business day for Term Loan Facility Agent in the recipient, and (5) notices or communications posted manner specified in the Finance Documents but only to an internet or intranet website shall be deemed received upon the “receipt” extent requested by the intended recipient at its e-mail address as described in clause (4) above of notification that such notice or communication is available and identifying the website address therefor: If to the Seller: DHI Mortgage Company, Ltd. 00000 Xxxxx Xxxx Xxxx. Xxxxx 000 Xxxxxx, Xxxxx 00000 Attention: Xxxx Xxxxxx / Xxxx Xxxxxxx Telephone: (000) 000-0000 Fax: (000) 000-0000 email: xxxxxxx@xxxxxxxxxxx.xxx / xxxxxxxx@xxxxxxxxxxx.xxx with a copy to: X.X. Xxxxxx, Inc. 000 Xxxxxxxx Xxxxxx, Xxxxx 000 Xxxx Xxxxx, Xxxxx 00000 Attention: Xxx Xxxxxxx or Xxxx Xxxxxxx Telephone: (000) 000-0000 If to U.S. Bank as a Buyer or the Administrative Term Loan Facility Agent: U.S. Bank National Association 800 Nicollet Mall Mail Station: BC-MN-H03B Xxxxxxxxxxx, XX 00000 Attention: Xxxxx Xxxxxxx Telephone: (000) 000-0000 Fax: (000) 000-0000 email: xxxxx.xxxxxxx@xxxxxx.xxx If to the other Buyers, at the addresses shown on Schedule 23.

Notices and Other Communications. All notices, demands, consents, requests (a) Except in the case of notices and other communications required or expressly permitted to be given or made hereunder (collectivelyby telephone, “Notices”), except as otherwise specifically all notices and other communications provided in this Agreement, for herein shall be in writing and shall be either (a) delivered in personby hand or overnight courier service, mailed by certified or registered mail or sent by facsimile or sent by email to the address(es), facsimile number or email address specified for the Borrower, the P1 Administrative Agent, the P1 Collateral Agent, the Senior Lenders or the Revolving LC Issuing Bank, as applicable, on Schedule 14.11. (b) mailedNotices sent by hand or overnight courier service, or mailed by certified, certified or registered or express mail, postage prepaid, addressed to the respective parties hereto at their respective addresses specified below, or (c) sent in a prepaid overnight delivery envelope via a nationally-recognized courier service (such as Federal Express, United Parcel Service or DHL Worldwide Express) that provides weekday next-Business Day delivery service to the addressee’s location, (d) faxed to their respective fax numbers (with a paper copy mailed the same day as aforesaid) as hereinafter set forth or (e) emailed (with a confirming fax for any funding request) and/or posted to an Internet or intranet website and acknowledged as received as hereinafter set forth; provided that any party may change its address for notice by designating such party’s new address in a Notice to the other parties given at least five Business Days before it shall become effective. All Notices shall be conclusively deemed to have been properly given or served when received in person, regardless of how sent. Regardless of when received, all Notices ; and notices sent by facsimile shall be conclusively deemed to have been properly given or served when sent (except that, if addressed in accordance with this Section 23 and (1) if mailednot given during normal business hours for the recipient, on they shall be deemed to have been given at the second Business Day after being deposited in the mails, or (2) if sent by nationally-recognized courier service, opening of business on the next Business Day or (3) if faxed before the close of business at for the recipient’s location on a Business Day). Notices delivered through electronic communications shall be effective as provided in Schedule 14.11. (c) Unless otherwise prescribed, when faxed or if faxed after the close of business at the recipient’s location or on a day that is not a Business Day, on the next Business Day thereafter (i) notices and other communications sent to the fax number set forth below (provided that a paper copy is mailed on the same day as aforesaid) or (4) if an e-mailed, mail address shall be deemed received upon the sender’s receipt of an acknowledgement from the intended recipient (such as by the “return receipt requested” function, as available, return e-mail or other written acknowledgement); provided, provided that if any such faxed or emailed notice or other communication is not sent received during the normal business hours of the recipient, such notice or communication shall be deemed to have been sent received at the opening of business on the next business day Business Day for the recipient, and (5ii) notices or communications posted to an internet or intranet website shall be deemed received upon the “receipt” deemed receipt by the intended recipient at its e-mail address as described in clause (4) above Schedule 14.11 of notification that such notice or communication is available and identifying the website address therefor: If . Notwithstanding the above, all notices delivered by the Borrower to the Seller: DHI Mortgage CompanyP1 Administrative Agent through electronic communications shall be followed by the delivery of a hard copy. (d) Each of the Borrower, Ltd. 00000 Xxxxx Xxxx Xxxx. Xxxxx 000 Xxxxxxthe P1 Administrative Agent and the P1 Collateral Agent may change its address, Xxxxx 00000 Attention: Xxxx Xxxxxx / Xxxx Xxxxxxx Telephone: (000) 000-0000 Fax: (000) 000-0000 email: xxxxxxx@xxxxxxxxxxx.xxx / xxxxxxxx@xxxxxxxxxxx.xxx with a copy to: X.X. Xxxxxxfacsimile, Inc. 000 Xxxxxxxx Xxxxxx, Xxxxx 000 Xxxx Xxxxx, Xxxxx 00000 Attention: Xxx Xxxxxxx email address or Xxxx Xxxxxxx Telephone: (000) 000-0000 If to U.S. Bank as a Buyer or the Administrative Agent: U.S. Bank National Association 800 Nicollet Mall Mail Station: BC-MN-H03B Xxxxxxxxxxx, XX 00000 Attention: Xxxxx Xxxxxxx Telephone: (000) 000-0000 Fax: (000) 000-0000 email: xxxxx.xxxxxxx@xxxxxx.xxx If telephone number for notices and other communications hereunder by notice to the other Buyersparties hereto. Each Senior Lender may change its address, facsimile, email address or telephone number for notices and other communications hereunder by notice to the Borrower, the P1 Administrative Agent, the P1 Collateral Agent and the Revolving LC Issuing Bank. The Revolving LC Issuing Bank may change its address, facsimile, email address or telephone number for notices and other communications hereunder by notice to the Borrower, the P1 Administrative Agent and the P1 Collateral Agent. (e) The P1 Administrative Agent, the P1 Collateral Agent, the Revolving LC Issuing Bank and the Senior Lenders shall be entitled to rely and act upon any written notices purportedly given by or on behalf of the Borrower even if (i) such notices were not made in a manner specified herein, were incomplete or were not preceded or followed by any other form of notice specified herein, or (ii) the terms thereof, as understood by the recipient, varied from any confirmation thereof. The Borrower shall indemnify the P1 Administrative Agent, the P1 Collateral Agent, the Senior Lenders, the Revolving LC Issuing Bank and the Related Parties of each of them for all losses, costs, expenses and liabilities resulting from the reliance by such Person on each notice purportedly given by or on behalf of the Borrower. All telephonic notices to and other telephonic communications with the P1 Administrative Agent, the P1 Collateral Agent, the Senior Lenders and the Revolving LC Issuing Bank by the Borrower may be recorded by the P1 Administrative Agent the P1 Collateral Agent, the Senior Lenders, the Revolving LC Issuing Bank, as applicable, and each of the parties hereto hereby consents to such recording. (f) Notwithstanding the above, nothing herein shall prejudice the right of the P1 Administrative Agent, the P1 Collateral Agent, any of the Senior Lenders or the Revolving LC Issuing Bank to give any notice or other communication pursuant to any P1 Financing Document in any other manner specified in such P1 Financing Document. (g) the Borrower hereby agrees that it will provide to the P1 Administrative Agent all information, documents and other materials that it is obligated to furnish to the P1 Administrative Agent pursuant to the P1 Financing Documents, including all notices, requests, financial statements, financial and other reports, certificates and other information materials, but excluding any such communication that (i) relates to any Senior Loan Borrowing, (ii) relates to the payment of any principal or other amount due under this Agreement prior to the scheduled date therefor, (iii) provides notice of any Default or Event of Default, or (iv) is required to be delivered to satisfy any condition precedent to any Senior Loan Borrowing (all such non-excluded communications being referred to herein collectively as “Communications”), by transmitting the Communications in an electronic/soft medium in a format acceptable to the P1 Administrative Agent at the email addresses shown specified in Schedule 14.11. In addition, the Borrower agrees to continue to provide the Communications to the P1 Administrative Agent in the manner specified in the P1 Financing Documents but only to the extent requested by the P1 Administrative Agent. (h) the Borrower further agrees that the P1 Administrative Agent may make the Communications available to the Senior Lenders and the Revolving LC Issuing Bank by posting the Communications on Schedule 23an internet website that may, from time to time, be notified to the Senior Lenders and the Revolving LC Issuing Bank or a substantially similar electronic transmission system (the “Platform”). The costs and expenses incurred by the P1 Administrative Agent in creating and maintaining the Platform shall be paid by Borrower in accordance with Section 14.6. (i) THE PLATFORM IS PROVIDED “AS IS” AND “AS AVAILABLE”. THE P1 ADMINISTRATIVE AGENT DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE COMMUNICATIONS OR THE ADEQUACY OF THE PLATFORM AND EXPRESSLY DISCLAIMS LIABILITY FOR ERRORS OR OMISSIONS IN THE COMMUNICATIONS. NO WARRANTY OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS OR FREEDOM FROM VIRUSES OR OTHER CODE DEFECTS, IS MADE BY THE P1 ADMINISTRATIVE AGENT IN CONNECTION WITH THE COMMUNICATIONS OR THE PLATFORM. IN NO EVENT SHALL THE P1 ADMINISTRATIVE AGENT OR ANY AFFILIATE THEREOF OR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, ADVISORS OR REPRESENTATIVES (COLLECTIVELY, “AGENT PARTIES”) HAVE ANY LIABILITY TO THE BORROWER, THE REVOLVING LC ISSUING BANK, ANY SENIOR LENDER, OR ANY OTHER PERSON OR ENTITY FOR DAMAGES OF ANY KIND, INCLUDING DIRECT OR INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOSSES OR EXPENSES (WHETHER IN TORT, CONTRACT OR OTHERWISE) ARISING OUT OF THE BORROWER’S OR ANY AGENT PARTY’S TRANSMISSION OF COMMUNICATIONS THROUGH THE INTERNET, EXCEPT TO THE EXTENT THE LIABILITY OF ANY AGENT PARTY IS FOUND IN A FINAL NON-APPEALABLE JUDGMENT BY A COURT OF COMPETENT JURISDICTION TO HAVE RESULTED PRIMARILY FROM SUCH AGENT PARTY’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT.

Notices and Other Communications. All notices, demands, consents, requests and other communications required (a) Any communication between the Parties or permitted notices provided herein to be given or made hereunder (collectively, “Notices”), except may be given as otherwise specifically provided in this Section 23.9 (Notices) of the Common Terms Agreement, which shall apply mutatis mutandis to this Section 10.10 (Notices and Other Communications) as if fully set forth herein except that references to the Intercreditor Agent shall be in writing deemed references to the Term Loan Facility Agent as the context requires. (b) The Term Loan Facility Agent, the Security Trustee and the Term Lenders shall be either entitled to rely and act upon any written notices purportedly given by or on behalf of the Borrower even if (ai) delivered such notices were not made in persona manner specified herein, were incomplete or were not preceded or followed by any other form of notice specified herein, or (bii) mailedthe terms thereof, as understood by certifiedthe recipient, registered or express mailvaried from any confirmation thereof. All telephonic notices to and other telephonic communications with the Term Loan Facility Agent, postage prepaidthe Security Trustee and the Term Lenders by the Borrower may be recorded by the Term Loan Facility Agent, addressed to the respective Security Trustee and the Term Lenders, as applicable, and each of the parties hereto at their respective addresses specified below, or hereby consents to such recording. (c) sent in a prepaid overnight delivery envelope via a nationally-recognized courier service (such as Federal ExpressNotwithstanding the above, United Parcel Service or DHL Worldwide Express) that provides weekday next-Business Day delivery service nothing herein shall prejudice the right of the Term Loan Facility Agent, the Security Trustee and any of the Term Lenders to the addressee’s location, (d) faxed to their respective fax numbers (with a paper copy mailed the same day as aforesaid) as hereinafter set forth or (e) emailed (with a confirming fax for give any funding request) and/or posted to an Internet or intranet website and acknowledged as received as hereinafter set forth; provided that any party may change its address for notice by designating such party’s new address in a Notice to the other parties given at least five Business Days before it shall become effective. All Notices shall be conclusively deemed to have been properly given or served when received in person, regardless of how sent. Regardless of when received, all Notices shall be conclusively deemed to have been properly given or served if addressed in accordance with this Section 23 and (1) if mailed, on the second Business Day after being deposited in the mails, or (2) if sent by nationally-recognized courier service, on the next Business Day or (3) if faxed before the close of business at the recipient’s location on a Business Day, when faxed or if faxed after the close of business at the recipient’s location or on a day that is not a Business Day, on the next Business Day thereafter to the fax number set forth below (provided that a paper copy is mailed on the same day as aforesaid) or (4) if e-mailed, upon the sender’s receipt of an acknowledgement from the intended recipient (such as by the “return receipt requested” function, as available, return e-mail or other written acknowledgement), provided that if any such faxed or emailed notice or other communication pursuant to any Finance Document in any other manner specified in such Finance Document. (d) Notwithstanding anything to the contrary in any other Finance Document, for so long as Société Générale is not sent during the normal business hours Term Loan Facility Agent, the Borrower hereby agrees that it will provide to the Term Loan Facility Agent all information, documents and other materials that it is obligated to furnish to the Term Loan Facility Agent pursuant to the Finance Documents, including all notices, requests, financial statements, financial and other reports, certificates and other information materials, but excluding any such communication that (i) relates to any Term Loan Borrowing, (ii) relates to the payment of any principal or other amount due under this Agreement prior to the scheduled date therefor, (iii) provides notice of any Loan Facility Event of Default or Unmatured Loan Facility Event of Default or (iv) is required to be delivered to satisfy any condition precedent to any Term Loan Borrowing (all such non-excluded communications being referred to herein collectively as “Communications”), in an electronic/soft medium in a format acceptable to the Term Loan Facility Agent at the email addresses specified in Schedule Q – 2 (Addresses for Notices to Facility Agents and Facility Lenders) of the recipientCommon Terms Agreement. In addition, such notice or communication shall be deemed the Borrower agrees to have been sent at continue to provide the opening of business on Communications to the next business day for Term Loan Facility Agent in the recipient, and (5) notices or communications posted manner specified in the Finance Documents but only to an internet or intranet website shall be deemed received upon the “receipt” extent requested by the intended recipient at its e-mail address as described in clause (4) above of notification that such notice or communication is available and identifying the website address therefor: If to the Seller: DHI Mortgage Company, Ltd. 00000 Xxxxx Xxxx Xxxx. Xxxxx 000 Xxxxxx, Xxxxx 00000 Attention: Xxxx Xxxxxx / Xxxx Xxxxxxx Telephone: (000) 000-0000 Fax: (000) 000-0000 email: xxxxxxx@xxxxxxxxxxx.xxx / xxxxxxxx@xxxxxxxxxxx.xxx with a copy to: X.X. Xxxxxx, Inc. 000 Xxxxxxxx Xxxxxx, Xxxxx 000 Xxxx Xxxxx, Xxxxx 00000 Attention: Xxx Xxxxxxx or Xxxx Xxxxxxx Telephone: (000) 000-0000 If to U.S. Bank as a Buyer or the Administrative Term Loan Facility Agent: U.S. Bank National Association 800 Nicollet Mall Mail Station: BC-MN-H03B Xxxxxxxxxxx, XX 00000 Attention: Xxxxx Xxxxxxx Telephone: (000) 000-0000 Fax: (000) 000-0000 email: xxxxx.xxxxxxx@xxxxxx.xxx If to the other Buyers, at the addresses shown on Schedule 23.

Notices and Other Communications. All notices, demands, consents, requests and other communications required (a) Any communication between the Parties or permitted notices provided herein to be given or made hereunder (collectively, “Notices”), except may be given as otherwise specifically provided in this Section 23.9 (Notices) of the Common Terms Agreement, which shall apply mutatis mutandis to this Section 11.10 (Notices and Other Communications) as if fully set forth herein except that references to the Intercreditor Agent shall be in writing deemed references to the Working Capital Facility Agent as the context requires, and with respect to clauses (a)(i) and (ii) thereof, the address and notice information of the Loan Parties, each Working Capital Lender, each Issuing Bank, each Swing Line Lender and the Working Capital Facility Agent shall be either as set forth in Schedule 11.10 (aAddresses for Notices) delivered hereto. (b) The Working Capital Facility Agent, the Security Trustee, the Issuing Banks, the Swing Line Lenders and the Working Capital Lenders shall be entitled to rely and act upon any written notices purportedly given by or on behalf of the Borrower even if (i) such notices were not made in persona manner specified herein, were incomplete or were not preceded or followed by any other form of notice specified herein, or (bii) mailedthe terms thereof, as understood by certifiedthe recipient, registered or express mailvaried from any confirmation thereof. All telephonic notices to and other telephonic communications with the Working Capital Facility Agent, postage prepaidthe Security Trustee, addressed to the respective Issuing Banks, the Swing Line Lenders and the Working Capital Lenders by the Borrower may be recorded by the Working Capital Facility Agent, the Security Trustee, the Issuing Banks, the Swing Line Lenders and the Working Capital Lenders, as applicable, and each of the parties hereto at their respective addresses specified below, or hereby consents to such recording. (c) sent in a prepaid overnight delivery envelope via a nationally-recognized courier service (such as Federal ExpressNotwithstanding the above, United Parcel Service or DHL Worldwide Express) that provides weekday next-Business Day delivery service nothing herein shall prejudice the right of the Working Capital Facility Agent, the Security Trustee, any of the Issuing Banks, any of the Swing Line Lenders and any of the Working Capital Lenders to the addressee’s location, (d) faxed to their respective fax numbers (with a paper copy mailed the same day as aforesaid) as hereinafter set forth or (e) emailed (with a confirming fax for give any funding request) and/or posted to an Internet or intranet website and acknowledged as received as hereinafter set forth; provided that any party may change its address for notice by designating such party’s new address in a Notice to the other parties given at least five Business Days before it shall become effective. All Notices shall be conclusively deemed to have been properly given or served when received in person, regardless of how sent. Regardless of when received, all Notices shall be conclusively deemed to have been properly given or served if addressed in accordance with this Section 23 and (1) if mailed, on the second Business Day after being deposited in the mails, or (2) if sent by nationally-recognized courier service, on the next Business Day or (3) if faxed before the close of business at the recipient’s location on a Business Day, when faxed or if faxed after the close of business at the recipient’s location or on a day that is not a Business Day, on the next Business Day thereafter to the fax number set forth below (provided that a paper copy is mailed on the same day as aforesaid) or (4) if e-mailed, upon the sender’s receipt of an acknowledgement from the intended recipient (such as by the “return receipt requested” function, as available, return e-mail or other written acknowledgement), provided that if any such faxed or emailed notice or other communication pursuant to any Finance Document in any other manner specified in such Finance Document. (d) Notwithstanding anything to the contrary in any other Finance Document, for so long as The Bank of Nova Scotia is not sent during the normal business hours Working Capital Facility Agent, the Borrower hereby agrees that it will provide to the Working Capital Facility Agent all information, documents and other materials that it is obligated to furnish to the Working Capital Facility Agent pursuant to the Finance Documents, including all notices, requests, financial statements, financial and other reports, certificates and other information materials, but excluding any such communication that (i) relates to any Working Capital Borrowing, (ii) relates to the payment of any principal or other amount due under this Agreement prior to the recipientscheduled date therefor, (iii) provides notice of any Working Capital Facility Event of Default or Unmatured Working Capital Facility Event of Default or (iv) is required to be delivered to satisfy any condition precedent to any Working Capital Borrowing (all such notice or communication shall be deemed non-excluded communications being referred to have been sent herein collectively as “Communications”), in an electronic/soft medium in a format acceptable to the Working Capital Facility Agent at the opening of business on email addresses specified in Schedule 11.10 (Addresses for Notices) hereto. In addition, the next business day for Borrower agrees to continue to provide the recipient, and (5) notices or communications posted Communications to an internet or intranet website shall be deemed received upon the “receipt” Working Capital Facility Agent in the manner specified in the Finance Documents but only to the extent requested by the intended recipient at its e-mail address as described in clause (4) above of notification that such notice or communication is available and identifying the website address therefor: If to the Seller: DHI Mortgage Company, Ltd. 00000 Xxxxx Xxxx Xxxx. Xxxxx 000 Xxxxxx, Xxxxx 00000 Attention: Xxxx Xxxxxx / Xxxx Xxxxxxx Telephone: (000) 000-0000 Fax: (000) 000-0000 email: xxxxxxx@xxxxxxxxxxx.xxx / xxxxxxxx@xxxxxxxxxxx.xxx with a copy to: X.X. Xxxxxx, Inc. 000 Xxxxxxxx Xxxxxx, Xxxxx 000 Xxxx Xxxxx, Xxxxx 00000 Attention: Xxx Xxxxxxx or Xxxx Xxxxxxx Telephone: (000) 000-0000 If to U.S. Bank as a Buyer or the Administrative Working Capital Facility Agent: U.S. Bank National Association 800 Nicollet Mall Mail Station: BC-MN-H03B Xxxxxxxxxxx, XX 00000 Attention: Xxxxx Xxxxxxx Telephone: (000) 000-0000 Fax: (000) 000-0000 email: xxxxx.xxxxxxx@xxxxxx.xxx If to the other Buyers, at the addresses shown on Schedule 23.

Notices and Other Communications. (a) All notices, demands, consents, requests notices and other communications required or permitted to be given or made hereunder (collectively, “Notices”), except as otherwise specifically provided in this Agreement, for herein shall be in writing and shall be either delivered by hand or overnight courier service, mailed by certified or registered mail or sent by telecopier or electronic mail as follows: (ai) delivered in personif to the Borrower, (A) to the address specified on Schedule 9.11(a) or (B) by the facsimile number specified on Schedule 9.11(a) to be confirmed by hand or overnight courier service or certified or registered mail; and (ii) if to the Lender, to the address, facsimile number or electronic mail address specified on Schedule 9.11(a). (b) mailedNotices sent by hand or overnight courier service, or mailed by certified, certified or registered or express mail, postage prepaid, addressed to the respective parties hereto at their respective addresses specified below, or (c) sent in a prepaid overnight delivery envelope via a nationally-recognized courier service (such as Federal Express, United Parcel Service or DHL Worldwide Express) that provides weekday next-Business Day delivery service to the addressee’s location, (d) faxed to their respective fax numbers (with a paper copy mailed the same day as aforesaid) as hereinafter set forth or (e) emailed (with a confirming fax for any funding request) and/or posted to an Internet or intranet website and acknowledged as received as hereinafter set forth; provided that any party may change its address for notice by designating such party’s new address in a Notice to the other parties given at least five Business Days before it shall become effective. All Notices shall be conclusively deemed to have been properly given or served when received in person, regardless of how sent. Regardless of when received, all Notices ; notices sent by telecopier shall be conclusively deemed to have been properly given or served when sent (except that, if addressed in accordance with this Section 23 and (1) if mailednot given during normal business hours for the recipient, on shall be deemed to have been given at the second Business Day after being deposited in the mails, or (2) if sent by nationally-recognized courier service, opening of business on the next Business Day or (3) if faxed before the close of business at for the recipient’s location on a Business Day, when faxed or if faxed after the close of business at the recipient’s location or on a day that is not a Business Day, on the next Business Day thereafter ). Notices delivered through electronic communications to the fax number set forth below extent provided in Section 9.11(c) shall be effective as provided in Section 9.11(a). (provided that a paper copy is mailed on c) Unless the same day as aforesaidLender otherwise prescribes, (i) or (4) if notices and other communications sent to an e-mailed, mail address shall be deemed received upon the sender’s receipt of an acknowledgement from the intended recipient (such as by the “return receipt requested” function, as available, return e-mail or other written acknowledgement); provided, provided that if any such faxed or emailed notice or other communication is not sent received during the normal business hours of the recipient, such notice or communication shall be deemed to have been sent received at the opening of business on the next business day Business Day for the recipient, and (5ii) notices or communications posted to an internet or intranet website shall be deemed received upon the “receipt” deemed receipt by the intended recipient at its e-mail address as described in clause (4Section 9.11(c)(i) above of notification that such notice or communication is available and identifying the website address therefor: If to . (d) Each of the Seller: DHI Mortgage Company, Ltd. 00000 Xxxxx Xxxx Xxxx. Xxxxx 000 Xxxxxx, Xxxxx 00000 Attention: Xxxx Xxxxxx / Xxxx Xxxxxxx Telephone: (000) 000-0000 Fax: (000) 000-0000 email: xxxxxxx@xxxxxxxxxxx.xxx / xxxxxxxx@xxxxxxxxxxx.xxx with a copy to: X.X. Xxxxxx, Inc. 000 Xxxxxxxx Xxxxxx, Xxxxx 000 Xxxx Xxxxx, Xxxxx 00000 Attention: Xxx Xxxxxxx Borrower and the Lender may change its address or Xxxx Xxxxxxx Telephone: (000) 000-0000 If to U.S. Bank as a Buyer or the Administrative Agent: U.S. Bank National Association 800 Nicollet Mall Mail Station: BC-MN-H03B Xxxxxxxxxxx, XX 00000 Attention: Xxxxx Xxxxxxx Telephone: (000) 000-0000 Fax: (000) 000-0000 email: xxxxx.xxxxxxx@xxxxxx.xxx If telecopier number for notices and other communications hereunder by notice to the other Buyersparties hereto. (e) The Lender shall be entitled to rely and act upon any written notices purportedly given by or on behalf of the Borrower even if (i) such notices were not made in a manner specified herein, were incomplete or were not preceded or followed by any other form of notice specified herein, or (ii) the terms thereof, as understood by the recipient, varied from any confirmation thereof. The Borrower shall indemnify the Lender and the Related Parties from all losses, costs, expenses and liabilities resulting from the reliance by such Person on each notice purportedly given by or on behalf of the Borrower. (f) The Borrower hereby agrees that it will provide to the Lender all information, documents and other materials that it is obligated to furnish to the Lender pursuant to the Financing Documents, including all notices, requests, financial statements, financial and other reports, certificates and other information materials, but excluding any such communication that (i) relates to the Funding, (ii) relates to the payment of any principal or other amount due under this Agreement prior to the scheduled date therefor, (iii) provides notice of any Default or Event of Default, or (iv) is required to be delivered to satisfy any condition precedent to Funding (all such non-excluded communications being referred to herein collectively as “Communications”), by transmitting the Communications in an electronic/soft medium in a format acceptable to the Lender to xxxxxx@xxx.xxx. In addition, the Borrower agrees to continue to provide the Communications to the Lender in the manner specified in the Financing Documents but only to the extent requested by the Lender. (g) The Lender agrees that the receipt of the Communications by the Lender at its e-mail address set forth in Schedule 9.11(a) shall constitute effective delivery of the addresses shown on Schedule 23Communications to the Lender for purposes of the Financing Documents. (h) Notwithstanding clauses (f) and (g) above, nothing herein shall prejudice the right of the Lender to give any notice or other communication pursuant to any Financing Document in any other manner specified in such Financing Document.

Notices and Other Communications. All notices, demands, consents, requests and other communications required or permitted to be given or made hereunder (collectively, “Notices”), except as otherwise specifically provided in this Agreement, shall be in writing and shall be either (a) delivered in person, or (b) mailed, by certified, registered or express mail, postage prepaid, addressed to the respective parties hereto at their respective addresses specified below, or (c) sent in a prepaid overnight delivery envelope via a nationally-recognized courier service (such as Federal Express, United Parcel Service or DHL Worldwide Express) that provides weekday next-Business Day delivery service to the addressee’s location, (d) faxed to their respective fax numbers (with a paper copy mailed the same day as aforesaid) as hereinafter set forth or (e) emailed (with a confirming fax for any funding request) and/or posted to an Internet internet or intranet website and acknowledged as received as hereinafter set forth; provided that any party may change its address for notice by designating such party’s new address in a Notice to the other parties given at least five (5) Business Days before it shall become effective. All Notices shall be conclusively deemed to have been properly given or served when received in person, regardless of how sent. Regardless of when received, all Notices shall be conclusively deemed to have been properly given or served if addressed in accordance with this Section 23 22 and (1i) if mailed, on the second (2nd) Business Day after being deposited in the mails, or (2ii) if sent by nationally-recognized courier service, on the next Business Day Day, or (3iii) if faxed before the close of business at the recipient’s location on a Business Day, when faxed faxed, or if faxed after the close of business at the recipient’s location or on a day that is not a Business Day, on the next Business Day thereafter to the fax number set forth below (provided that a paper copy is mailed on the same day as aforesaid) ), or (4iv) if e-mailed, upon the sender’s receipt of an acknowledgement from the intended recipient (such as by the “return receipt requested” function, as available, return e-mail or other written acknowledgement), provided that if any such faxed or emailed notice or other communication is not sent during the normal business hours of the recipient, such notice or communication shall be deemed to have been sent at the opening of business on the next business day for the recipient, and (5v) notices or communications posted to an internet or intranet website shall be deemed received upon the “receipt” by the intended recipient at its e-mail address as described in clause (4iv) above of notification that such notice or communication is available and identifying the website address therefor: If to the Seller: DHI Mortgage CompanySIRVA Mortgage, Ltd. 00000 Xxxxx Inc. 0000 Xxx Xxxx Xxxx., Xxx. Xxxxx 000 XxxxxxXxxxxxxxxxxx, Xxxxx XX 00000 Attention: Xxxx Xxxxxx / Xxxx Xxxxxxx X. Xxxxxx, President Telephone: (000) 000-0000 Fax: (000) 000-0000 email: xxxxxxx@xxxxxxxxxxx.xxx / xxxxxxxx@xxxxxxxxxxx.xxx with a copy to: X.X. Xxxxxx, Inc. 000 Xxxxxxxx Xxxxxx, Xxxxx 000 Xxxx Xxxxx, Xxxxx 00000 Attention: Xxx Xxxxxxx or Xxxx Xxxxxxx Telephone: (000) 000-0000 xxxx.xxxxxx@xxxxx.xxx If to U.S. Bank as a Buyer or the Administrative AgentBuyer: U.S. Bank National Association 800 Nicollet Mall Mail Station: Mortgage Banking Services BC-MN-H03B 000 Xxxxxxxx Xxxx Xxxxxxxxxxx, XX 00000 Attention: Xxxxx Xxxxxxx Xxxxxxxxxxx Telephone: (000) 000-0000 Fax: (000) 000-0000 email: xxxxx.xxxxxxx@xxxxxx.xxx If to the other Buyers, at the addresses shown on Schedule 23.xxxxx.xxxxxxxxxxx@xxxxxx.xxx

Notices and Other Communications. All notices, demands, consents, requests Notices and other communications required or permitted to be given or made hereunder (collectively, “Notices”), except as otherwise specifically provided for in this Agreement, Agreement or in any other Transaction Document shall be in writing and shall be either delivered or mailed (a) or in the case of telegraphic communication, if by telegram, delivered in person, or (b) mailed, by certified, registered or express mail, postage prepaid, addressed to the respective parties hereto at their respective addresses specified belowtelegraph company and, or (c) sent in a prepaid overnight delivery envelope via a nationally-recognized courier service (such as Federal Expressif by telex, United Parcel Service or DHL Worldwide Express) that provides weekday next-Business Day delivery service to the addressee’s locationtelecopy, (d) faxed to their respective fax numbers (with a paper copy mailed the same day as aforesaid) as hereinafter set forth or (e) emailed (with a confirming fax for any funding request) and/or posted to an Internet or intranet website and acknowledged as received as hereinafter set forth; provided that any party may change its address for notice by designating such party’s new address in a Notice to the other parties given at least five Business Days before it shall become effective. All Notices shall be conclusively deemed to have been properly given or served when received in person, regardless of how sent. Regardless of when received, all Notices shall be conclusively deemed to have been properly given or served if addressed in accordance with this Section 23 and (1) if mailed, on the second Business Day after being deposited in the mails, or (2) if sent by nationally-recognized courier service, on the next Business Day or (3) if faxed before the close of business at the recipient’s location on a Business Day, when faxed or if faxed after the close of business at the recipient’s location or on a day that is not a Business Day, on the next Business Day thereafter to the fax number set forth below (provided that a paper copy is mailed on the same day as aforesaid) or (4) if e-mailed, upon the sender’s receipt of an acknowledgement from the intended recipient (such as by the “return receipt requested” function, as available, return e-mail graphic scanning or other written acknowledgement), provided that if any such faxed or emailed notice or other communication is not sent during the normal business hours telegraphic communications equipment of the recipientsending party hereto, delivered by such notice or communication shall be deemed equipment) addressed, if to have been sent Agent, to it at the opening of business on the next business day for the recipientBarclays Bank PLC, and (5) notices or communications posted to an internet or intranet website shall be deemed received upon the “receipt” by the intended recipient at its e-mail address as described in clause (4) above of notification that such notice or communication is available and identifying the website address therefor: If to the Seller: DHI Mortgage Company, Ltd. 00000 Xxxxx 000 Xxxx Xxxx. Xxxxx 000 Xxxxxx, Xxxxx 00000 0xx Xxxxx, Xxx Xxxx, Xxx Xxxx 00000, Attention: Xxxx Xxxxxx / Xxxx Xxxxxxx Xxxxxxxx, Telephone: (000) 000-0000 Fax0000, Telecopy: (000) 000-0000, if to Seller, to it at 0000 email: xxxxxxx@xxxxxxxxxxx.xxx / xxxxxxxx@xxxxxxxxxxx.xxx with a copy to: X.X. Xxxxxxxxxx Xxxx, Mail Stop PCLG, Xx. Xxxxxx, Inc. 000 Xxxxxxxx XxxxxxXX 00000, Xxxxx 000 Xxxx Xxxxx, Xxxxx 00000 Attention: Xxx Xxxxxxx or Xxxx Xxxxxxx Xxxxxxx, Telephone: (000) 000-0000 If to U.S. Bank as a Buyer or the Administrative Agent: U.S. Bank National Association 800 Nicollet Mall Mail Station: BC-MN-H03B Xxxxxxxxxxx0000, XX 00000 Attention: Xxxxx Xxxxxxx TelephoneTelecopy: (000) 000-0000 Fax: 0000, with a copy to Xxxxxxx X. Xxxxx, General Counsel, or if to a Principal, to it at its address set forth beneath its signature to this Agreement (000) 000-0000 email: xxxxx.xxxxxxx@xxxxxx.xxx If or in the agreement pursuant to which it became a party hereunder), or such other address as such party may from time to time designate by giving written notice to the other Buyersparties hereunder. All notices and other communications given to any party hereto in accordance with the provisions of this Agreement shall be deemed to have been given on the fifth Business Day after the date when sent by registered or certified mail, at postage prepaid, return receipt requested, if by mail, or when delivered to the addresses shown on Schedule 23telegraph company, charges prepaid, if by telegram, or when receipt is acknowledged, if by any telecopier or telegraphic communications equipment of the sender, in each case addressed to such party as provided in this Section or in accordance with the latest unrevoked written direction from such party. Information required to be delivered hereunder may also be delivered by electronic communication pursuant to procedures approved by Agent.

Notices and Other Communications. All notices, demands, consents, requests (a) Except in the case of notices and other communications required or expressly permitted to be given or made hereunder by telephone (collectively, “Notices”and except as provided in Section 11.11(b)), except as otherwise specifically all notices and other communications provided in this Agreement, for herein shall be in writing and shall be either delivered by hand or overnight courier service, mailed by certified or registered mail or sent by telecopier or electronic mail as follows, and all notices and other communications expressly permitted hereunder to be given by telephone shall be made to the applicable telephone number, as follows: (ai) delivered if to any Loan Party or any Agent, to the address, telecopier number, electronic mail address or telephone number specified for such Person on Schedule 11.11; and (ii) if to any Lender, to the address, telecopier number, electronic mail address or telephone number specified in person, or its administrative questionnaire. (b) mailedNotices sent by hand or overnight courier service, or mailed by certified, certified or registered or express mail, postage prepaid, addressed to the respective parties hereto at their respective addresses specified below, or (c) sent in a prepaid overnight delivery envelope via a nationally-recognized courier service (such as Federal Express, United Parcel Service or DHL Worldwide Express) that provides weekday next-Business Day delivery service to the addressee’s location, (d) faxed to their respective fax numbers (with a paper copy mailed the same day as aforesaid) as hereinafter set forth or (e) emailed (with a confirming fax for any funding request) and/or posted to an Internet or intranet website and acknowledged as received as hereinafter set forth; provided that any party may change its address for notice by designating such party’s new address in a Notice to the other parties given at least five Business Days before it shall become effective. All Notices shall be conclusively deemed to have been properly given or served when received in person, regardless of how sent. Regardless of when received, all Notices ; notices sent by telecopier shall be conclusively deemed to have been properly given or served when sent (except that, if addressed in accordance with this Section 23 and (1) if mailednot given during normal business hours for the recipient, on shall be deemed to have been given at the second Business Day after being deposited in the mails, or (2) if sent by nationally-recognized courier service, opening of business on the next Business Day for the recipient). Notices delivered through electronic communications to the extent provided in Section 11.11(d) shall be effective as provided in Section 11.11(d). (c) Notices and other communications to the Lenders or any Agent hereunder may be delivered or furnished by electronic communication (3including e-mail and internet or intranet websites) pursuant to procedures approved by the Administrative Agent; provided that the foregoing shall not apply to notices to any Lender pursuant to Article II (Commitments and Borrowing) if faxed before such Lender has notified the close Administrative Agent that it is incapable of business at receiving notices under such Article II (Commitments and Borrowing) by electronic communication. Each of the recipient’s location on a Business DayAdministrative Agent or the Borrowers may, when faxed in its or if faxed after the close of business at the recipient’s location or on a day that is not a Business Daytheir discretion, on the next Business Day thereafter agree to the fax number set forth below (accept notices and other communications to it hereunder by electronic communications pursuant to procedures approved by it; provided that a paper copy is mailed on approval of such procedures may be limited to particular notices or communications. (d) Unless the same day as aforesaidAdministrative Agent otherwise prescribes, (i) or (4) if notices and other communications sent to an e-mailed, mail address shall be deemed received upon the sender’s receipt of an acknowledgement from the intended recipient (such as by the “return receipt requested” function, as available, return e-mail or other written acknowledgement), ; provided that if any such faxed or emailed notice or other communication is not sent received during the normal business hours of the recipient, such notice or communication shall be deemed to have been sent received at the opening of business on the next business day Business Day for the recipient, and (5ii) notices or communications posted to an internet or intranet website shall be deemed received upon the “receipt” deemed receipt by the intended recipient at its e-mail address as described in clause (4Section 11.11(d)(i) above of notification that such notice or communication is available and identifying the website address therefor: If . (e) Each of the Borrowers and the Agents may change its address, telecopier or telephone number for notices and other communications hereunder by notice to the Seller: DHI Mortgage Companyother parties hereto. Each Lender may change its address, Ltd. 00000 Xxxxx Xxxx Xxxxtelecopier or telephone number for notices and other communications hereunder by notice to each Borrower and each Agent. (f) The Agents and the Lenders shall be entitled to rely and act upon any written notices purportedly given by or on behalf of a Borrower even if (i) such notices were not made in a manner specified herein, were incomplete or were not preceded or followed by any other form of notice specified herein, or (ii) the terms thereof, as understood by the recipient, varied from any confirmation thereof. Xxxxx 000 XxxxxxEach Borrower shall indemnify each Agent, Xxxxx 00000 Attention: Xxxx Xxxxxx / Xxxx Xxxxxxx Telephone: each Lender, and the Related Parties of each of them from all losses, costs, expenses and liabilities resulting from the reliance by such Person on each notice purportedly given by or on behalf of such Borrower. All telephonic notices to and other telephonic communications with any Agent may be recorded by such Agent, and each of the parties hereto hereby consents to such recording. (000g) 000-0000 Fax: (000) 000-0000 email: xxxxxxx@xxxxxxxxxxx.xxx / xxxxxxxx@xxxxxxxxxxx.xxx with a copy to: X.X. Xxxxxx, Inc. 000 Xxxxxxxx Xxxxxx, Xxxxx 000 Xxxx Xxxxx, Xxxxx 00000 Attention: Xxx Xxxxxxx or Xxxx Xxxxxxx Telephone: (000) 000-0000 If to U.S. Bank So long as a Buyer or WestLB is the Administrative Agent: U.S. Bank National Association 800 Nicollet Mall Mail Station: BC-MN-H03B Xxxxxxxxxxx, XX 00000 Attention: Xxxxx Xxxxxxx Telephone: (000) 000-0000 Fax: (000) 000-0000 email: xxxxx.xxxxxxx@xxxxxx.xxx If each Borrower hereby agrees that it will provide to the Administrative Agent all information, documents and other Buyersmaterials that it is obligated to furnish to the Administrative Agent pursuant to the Financing Documents, including all notices, requests, financial statements, financial and other reports, certificates and other information materials, but excluding any such communication that (i) relates to the Borrowing, (ii) relates to the payment of any principal or other amount due under this Agreement prior to the scheduled date therefor, (iii) provides notice of any Default or Event of Default or (iv) is required to be delivered to satisfy any condition precedent to the Closing Date (all such non-excluded communications being referred to herein collectively as “Communications”), by transmitting the Communications in an electronic/soft medium in a format acceptable to the Administrative Agent to xx_xxxxxxxxxxxxxx@xxxxxx.xxx. In addition, the Borrowers agree to continue to provide the Communications to the Administrative Agent in the manner specified in the Financing Documents but only to the extent requested by the Administrative Agent. (h) So long as WestLB is the Administrative Agent, each Borrower further agrees that the Administrative Agent may make the Communications available to the Lenders by posting the Communications on http: xxx.xxxxxxxxxx.xxx (or any replacement or successor thereto) or a substantially similar electronic transmission systems (the “Platform”). (i) THE PLATFORM IS PROVIDED “AS IS” AND “AS AVAILABLE”. THE AGENTS DO NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE COMMUNICATIONS, OR THE ADEQUACY OF THE PLATFORM AND EXPRESSLY DISCLAIM LIABILITY FOR ERRORS OR OMISSIONS IN THE COMMUNICATIONS. NO WARRANTY OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS OR FREEDOM FROM VIRUSES OR OTHER CODE DEFECTS, IS MADE BY THE AGENTS IN CONNECTION WITH THE COMMUNICATIONS OR THE PLATFORM. IN NO EVENT SHALL ANY AGENT OR ANY OF ITS AFFILIATES OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, ADVISORS OR REPRESENTATIVES (COLLECTIVELY, “AGENT PARTIES”) HAVE ANY LIABILITY TO EITHER BORROWER, ANY LENDER OR ANY OTHER PERSON OR ENTITY FOR DAMAGES OF ANY KIND, INCLUDING DIRECT OR INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOSSES OR EXPENSES (WHETHER IN TORT, CONTRACT OR OTHERWISE) ARISING OUT OF EITHER BORROWER’S OR ANY AGENT’S TRANSMISSION OF COMMUNICATIONS THROUGH THE INTERNET, EXCEPT TO THE EXTENT THE LIABILITY OF ANY AGENT PARTY IS FOUND IN A FINAL NON-APPEALABLE JUDGMENT BY A COURT OF COMPETENT JURISDICTION TO HAVE RESULTED PRIMARILY FROM SUCH AGENT PARTY’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. (j) The Administrative Agent agrees that the receipt of the Communications by the Administrative Agent at its e-mail address set forth in Schedule 11.11 shall constitute effective delivery of the addresses shown on Schedule 23Communications to the Administrative Agent for purposes of the Financing Documents. Each Lender agrees that notice to it (as provided in the next sentence) specifying that the Communications have been posted to the Platform shall constitute effective delivery of the Communications to such Lender, for purposes of the Financing Documents. Each Lender agrees to notify the Administrative Agent in writing (including by electronic communication) from time to time of such Lender’s e-mail address to which the foregoing notice may be sent by electronic transmission and that the foregoing notice may be sent to such e-mail address. (k) Notwithstanding clauses (g) to (j) above, nothing herein shall prejudice the right of any Agent or any Lender to give any notice or other communication pursuant to any Financing Document in any other manner specified in such Financing Document.

Notices and Other Communications. All notices, demands, consents, requests and other communications required or permitted to be given or made hereunder (collectively, “Notices”), except as otherwise specifically provided in this Agreement, shall be in writing and shall be either (a) delivered in person, or (b) mailed, by certified, registered or express mail, postage prepaid, addressed to the respective parties hereto at their respective addresses specified below, or (c) sent in a prepaid overnight delivery envelope via a nationally-recognized courier service (such as Federal Express, United Parcel Service or DHL Worldwide Express) that provides weekday next-Business Day delivery service to the addressee’s location, (d) faxed to their respective fax numbers (with a paper copy mailed the same day as aforesaid) as hereinafter set forth or (e) emailed (with a confirming fax for any funding request) and/or posted to an Internet internet or intranet website and acknowledged as received as hereinafter set forth; provided that any party may change its address for notice by designating such party’s new address in a Notice to the other parties given at least five (5) Business Days before it shall become effective. All Notices shall be conclusively deemed to have been properly given or served when received in person, regardless of how sent. Regardless of when received, all Notices shall be conclusively deemed to have been properly given or served if addressed in accordance with this Section 23 and (1) if mailed, on the second (2nd) Business Day after being deposited in the mails, or (2) if sent by nationally-recognized courier service, on the next Business Day or (3) if faxed before the close of business at the recipient’s location on a Business Day, when faxed or if faxed after the close of business at the recipient’s location or on a day that is not a Business Day, on the next Business Day thereafter to the fax number set forth below (provided that a paper copy is mailed on the same day as aforesaid) or (4) if e-mailed, upon the sender’s receipt of an acknowledgement from the intended recipient (such as by the “return receipt requested” function, as available, return e-mail or other written acknowledgement), provided that if any such faxed or emailed notice or other communication is not sent during the normal business hours of the recipient, such notice or communication shall be deemed to have been sent at the opening of business on the next business day for the recipient, and (5) notices or communications posted to an internet or intranet website shall be deemed received upon the “receipt” by the intended recipient at its e-mail address as described in clause (4) above of notification that such notice or communication is available and identifying the website address therefor: If to the Seller: DHI HomeAmerican Mortgage Company, Ltd. 00000 Xxxxx Xxxx Xxxx. Xxxxx 000 Corporation 0000 X. Xxxxxx Xxxxxx Xxxxxx, Xxxxx XX 00000 Attention: Xxxx Xxxxxx / Xxxx Xxxxxxx President Telephone: (000) 000-0000 Fax: (000) 000-0000 email: xxxxxxx@xxxxxxxxxxx.xxx / xxxxxxxx@xxxxxxxxxxx.xxx with a copy to: X.X. XxxxxxM.D.C. Holdings, Inc. 000 Xxxxxxxx 0000 Xxxxx Xxxxxx Xxxxxx, Xxxxx 000 Xxxx Xxxxx, Xxxxx 00000 Attention: Xxx Xxxxxxx or Xxxx Xxxxxxx Telephone: (000) 000-0000 If to U.S. Bank as a Buyer or the Administrative Agent: U.S. Bank National Association 800 Nicollet Mall Mail Station: BC-MN-H03B XxxxxxxxxxxXxxxxx, XX 00000 Attention: Xxxxx Xxxxxxx General Counsel Telephone: (000) 000-0000 Fax: (000) 000-0000 email: xxxxx.xxxxxxx@xxxxxx.xxx If to the other Buyers, at the addresses shown on Schedule 23.and

Notices and Other Communications. All notices, demands, consents, requests and other communications required or permitted to be given or made hereunder (collectively, “Notices”), except as otherwise specifically provided in this Agreement, shall be in writing and shall be either (a) delivered in person, or (b) mailed, by certified, registered or express mail, postage prepaid, addressed to the respective parties hereto at their respective addresses specified below, or (c) sent in a prepaid overnight delivery envelope via a nationally-recognized courier service (such as Federal Express, United Parcel Service or DHL Worldwide Express) that provides weekday next-Business Day delivery service to the addressee’s location, (d) faxed to their respective fax numbers (with a paper copy mailed the same day as aforesaid) as hereinafter set forth or (e) emailed e-mailed (with a confirming fax for any funding request) and/or posted to an Internet internet or intranet website and acknowledged as received as hereinafter set forth; provided that any party may change its address for notice by designating such party’s new address in a Notice to the other parties given at least five (5) Business Days before it shall become effective. All Notices shall be conclusively deemed to have been properly given or served when received in person, regardless of how sent. Regardless of when received, all Notices shall be conclusively deemed to have been properly given or served if addressed in accordance with this Section 23 and (1) if mailed, on the second (2nd) Business Day after being deposited in the mails, or (2) if sent by nationally-recognized courier service, on the next Business Day or (3) if faxed before the close of business at the recipient’s location on a Business Day, when faxed or if faxed after the close of business at the recipient’s location or on a day that is not a Business Day, on the next Business Day thereafter to the fax number set forth below (provided that a paper copy is mailed on the same day as aforesaid) or (4) if e-mailed, upon the sender’s receipt of an acknowledgement from the intended recipient (such as by the “return receipt requested” function, as available, return e-mail or other written acknowledgement), provided that if any such faxed or emailed e-mailed notice or other communication is not sent during the normal business hours of the recipient, such notice or communication shall be deemed to have been sent at the opening of business on the next business day for the recipient, and (5) notices or communications posted to an internet or intranet website shall be deemed received upon the “receipt” by the intended recipient at its e-mail address as described in clause (4) above of notification that such notice or communication is available and identifying the website address therefor: If to the Seller: DHI NVR Mortgage CompanyFinance, Ltd. Inc. 00000 Xxxxx Xxxx Xxxx. Xxxxxxx Xxxxx Xxxxx 000 Xxxxxx, Xxxxx XX 00000 Attention: Xxxx Xxxxxx / Xxxx Xxxxxxx X. Xxxxxx Telephone: (000) 000-0000 Fax: (000) 000-0000 email: xxxxxxx@xxxxxxxxxxx.xxx / xxxxxxxx@xxxxxxxxxxx.xxx with a copy to: X.X. Xxxxxx, Inc. 000 Xxxxxxxx Xxxxxx, Xxxxx 000 Xxxx Xxxxx, Xxxxx 00000 Attention: Xxx Xxxxxxx or Xxxx Xxxxxxx Telephone: (000) 000-0000 xxxxxxx@xxxxxx.xxx If to U.S. Bank as Agent or as a Buyer or the Administrative AgentBuyer: U.S. Bank National Association 800 Nicollet Mall Mail Station: BC-MN-H03B Xxxxxxxxxxx, XX 00000 Attention: Xxxxx Xxxxxxx Xxxxxxxx Xxxxxx Telephone: (000) 000-0000 Fax: (000) 000-0000 email: xxxxx.xxxxxxx@xxxxxx.xxx xxxxxxxx.xxxxxx@xxxxxx.xxx If to the other Buyers, at the addresses shown on Schedule 23.

Notices and Other Communications. All notices, demands, consents, approvals and requests and other communications required or permitted to hereunder shall be given or made hereunder (collectively, “Notices”), except as otherwise specifically provided in this Agreement, shall be in writing and shall be either effective for all purposes if hand delivered or sent by (a) delivered in personhand delivery, or with proof of attempted delivery, (b) mailed, by certified, certified or registered or express United States mail, postage prepaid, addressed (c) expedited prepaid delivery service, either commercial or United States Postal Service, with proof of attempted delivery, or (d) by email (with confirmation of receipt by the receiving party); provided that, other than email notices with respect to communications under this Agreement related to (1) deliveries in connection with Administrative Agent, on behalf of Buyers, due diligence inspections of the respective parties hereto at their respective addresses specified belowPurchased Assets, (2) requests for Transactions (including Future Advance Purchases, (3) notices of partial prepayments or draws on Margin Excess (including Future Advance Purchases), (4) the delivery of Confirmations, (5) notices of early repurchases, (6) deliveries of financial statements or other reporting required under this Agreement and (7) notices requesting consent for Significant Modifications, which will not require any further notice upon confirmation of receipt by the receiving party, that such email notice must also be delivered by one of the means set forth in clauses (a), (b) or (c) sent above, to the addresses specified in Annex I hereto or at such other address and person as shall be designated from time to time by any party hereto, as the case may be, in a prepaid overnight delivery envelope via a nationally-recognized courier service (such as Federal Express, United Parcel Service or DHL Worldwide Express) that provides weekday next-Business Day delivery service to the addressee’s location, (d) faxed to their respective fax numbers (with a paper copy mailed the same day as aforesaid) as hereinafter set forth or (e) emailed (with a confirming fax for any funding request) and/or posted to an Internet or intranet website and acknowledged as received as hereinafter set forth; provided that any party may change its address for written notice by designating such party’s new address in a Notice to the other parties given at least five Business Days before it shall become effective. All Notices shall be conclusively deemed to have been properly given or served when received hereto in person, regardless of how sent. Regardless of when received, all Notices shall be conclusively deemed to have been properly given or served if addressed the manner provided for in accordance with this Section 23 and (1) if mailed, on the second Business Day after being deposited in the mails, or (2) if sent by nationally-recognized courier service, on the next Business Day or (3) if faxed before the close of business at the recipient’s location on a Business Day, when faxed or if faxed after the close of business at the recipient’s location or on a day that is not a Business Day, on the next Business Day thereafter to the fax number set forth below (provided that a paper copy is mailed on the same day as aforesaid) or (4) if e-mailed, upon the sender’s receipt of an acknowledgement from the intended recipient (such as by the “return receipt requested” function, as available, return e-mail or other written acknowledgement), provided that if any such faxed or emailed 16. A notice or other communication is not sent during the normal business hours of the recipient, such notice or communication shall be deemed to have been sent given: (i) in the case of hand delivery, at the opening time of business delivery; (ii) in the case of registered or certified mail, when delivered or the first attempted delivery on a Business Day; (iii) in the next business day case of expedited prepaid delivery upon the first attempted delivery on a Business Day; or (iv) in the case of email, upon receipt of confirmation or receipt; provided that such emailed notice is also delivered as required in this Section 16. A party receiving a notice that does not comply with the technical requirements for notice under this Section 16 may elect to waive any deficiencies and treat such notice as having been properly given. Notwithstanding the recipientforegoing, and (5) notices or communications posted pursuant to an internet or intranet website Section 4 hereof may be sent by electronic mail to the email addresses set forth on Annex I attached hereto; provided that such notice delivered by email shall be deemed received to be given only upon the “receipt” receipt of confirmation of receipt by the intended recipient at its e-mail address as described in clause (4) above of notification that such notice or communication is available and identifying the website address therefor: If to the Seller: DHI Mortgage Company, Ltd. 00000 Xxxxx Xxxx Xxxx. Xxxxx 000 Xxxxxx, Xxxxx 00000 Attention: Xxxx Xxxxxx / Xxxx Xxxxxxx Telephone: (000) 000-0000 Fax: (000) 000-0000 email: xxxxxxx@xxxxxxxxxxx.xxx / xxxxxxxx@xxxxxxxxxxx.xxx with a copy to: X.X. Xxxxxx, Inc. 000 Xxxxxxxx Xxxxxx, Xxxxx 000 Xxxx Xxxxx, Xxxxx 00000 Attention: Xxx Xxxxxxx or Xxxx Xxxxxxx Telephone: (000) 000-0000 If to U.S. Bank as a Buyer or the Administrative Agent: U.S. Bank National Association 800 Nicollet Mall Mail Station: BC-MN-H03B Xxxxxxxxxxx, XX 00000 Attention: Xxxxx Xxxxxxx Telephone: (000) 000-0000 Fax: (000) 000-0000 email: xxxxx.xxxxxxx@xxxxxx.xxx If to the other Buyers, at the addresses shown on Schedule 23receiving party.

Notices and Other Communications. All notices, demands, consents, requests and other communications required or permitted to be given or made hereunder (collectively, “Notices”), except as otherwise specifically provided in this Agreement, shall be in writing and shall be either (a) delivered in person, or (b) mailed, by certified, registered or express mail, postage prepaid, addressed to the respective parties hereto at their respective addresses specified below, or (c) sent in a prepaid overnight delivery envelope via a nationally-recognized courier service (such as Federal Express, United Parcel Service or DHL Worldwide Express) that provides weekday next-Business Day delivery service to the addressee’s location, (d) faxed to their respective fax numbers (with a paper copy mailed the same day as aforesaid) as hereinafter set forth or (e) emailed (with a confirming fax for any funding request) and/or posted to an Internet internet or intranet website and acknowledged as received as hereinafter set forth; provided that any party may change its address for notice by designating such party’s new address in a Notice to the other parties given at least five (5) Business Days before it shall become effective. All Notices shall be conclusively deemed to have been properly given or served when received in person, regardless of how sent. Regardless of when received, all Notices shall be conclusively deemed to have been properly given or served if addressed in accordance with this Section 23 and (1) if mailed, on the second (2nd) Business Day after being deposited in the mails, or (2) if sent by nationally-recognized courier service, on the next Business Day or (3) if faxed before the close of business at the recipient’s location on a Business Day, when faxed or if faxed after the close of business at the recipient’s location or on a day that is not a Business Day, on the next Business Day thereafter to the fax number set forth below (provided that a paper copy is mailed on the same day as aforesaid) or (4) if e-mailed, upon the sender’s receipt of an acknowledgement from the intended recipient (such as by the “return receipt requested” function, as available, return e-mail or other written acknowledgement), provided that if any such faxed or emailed notice or other communication is not sent during the normal business hours of the recipient, such notice or communication shall be deemed to have been sent at the opening of business on the next business day for the recipient, and (5) notices or communications posted to an internet or intranet website shall be deemed received upon the “receipt” by the intended recipient at its e-mail address as described in clause (4) above of notification that such notice or communication is available and identifying the website address therefor: If to the Seller: DHI HomeAmerican Mortgage CompanyCorporation 0000 Xxxxxxxxx Xxxxx Xxxxxxxxx Xxxxxxxxxx, Ltd. XX 00000 Attention: President Telephone: (000) 000-0000 Fax: (000) 000-0000 with a copy to: M.D.C. Holdings, Inc. 0000 Xxxxx Xxxx Xxxx. Xxxxxx Xxxxxx, Xxxxx 000 Xxxxxx, Xxxxx XX 00000 Attention: Xxxx General Counsel Telephone: (000) 000-0000 Fax: (000) 000-0000 and M.D.C. Holdings, Inc. 0000 Xxxxx Xxxxxx / Xxxx Xxxxxx, Xxxxx 000 Xxxxxx, XX 00000 Attention: Treasurer Telephone: (000) 000-0000 Fax: (000) 000-0000 If to U.S. Bank as Agent or as a Buyer: U.S. Bank National Association 0000 Xxxxxxxx Xxxxx Mortgage Banking Services Xxxxxx, XX 00000 Attn: Mille Xxxxxxx Telephone: (000) 000-0000 Fax: (000) 000-0000 email: xxxxxxx@xxxxxxxxxxx.xxx / xxxxxxxx@xxxxxxxxxxx.xxx xxxxxxx.xxxxxxx@xxxxxx.xxx with a copy to: X.X. Xxxxxx, Inc. 000 Xxxxxxxx Xxxxxx, Xxxxx 000 Xxxx Xxxxx, Xxxxx 00000 Attention: Xxx Xxxxxxx or Xxxx Xxxxxxx Telephone: (000) 000-0000 If to U.S. Bank as a Buyer or the Administrative Agent: U.S. Bank National Association 800 Nicollet Mall Mail Station: BC-MN-H03B Xxxxxxxxxxx, XX 00000 Attention: Xxxxx Xxxxxxx Mortgage Banking Services Telephone: (000) 000-0000 Fax: (000) 000-0000 email: xxxxx.xxxxxxx@xxxxxx.xxx If to the other Buyers, at the addresses shown on Schedule 23.

Notices and Other Communications. All notices(a) Any notice, demandsclaim, consentsrequest, requests and demand, consent, designation, direction, instruction, certificate, report or other communications required or permitted communication to be given under or made hereunder (collectively, “Notices”), except as otherwise specifically provided in connection with this Agreement, Agreement shall be given in writing and shall may be either (a) delivered in personby hand, certified or (b) mailedregistered airmail, by certified, registered or express mail, postage prepaid, addressed to the respective parties hereto at their respective addresses specified below, or (c) sent in a prepaid overnight delivery envelope via a nationally-recognized courier service (such as Federal Express, United Parcel Service or DHL Worldwide Express) that provides weekday next-Business Day delivery service to the addressee’s location, (d) faxed to their respective fax numbers (with a paper copy mailed the same day as aforesaid) as hereinafter set forth or (e) emailed (with a confirming fax for any funding request) and/or posted to an Internet or intranet website and acknowledged as received as hereinafter set forth; provided that any party may change its address for notice by designating such party’s new address in a Notice to the other parties given at least five Business Days before it shall become effective. All Notices shall be conclusively deemed to have been properly given or served when received in person, regardless of how sent. Regardless of when received, all Notices shall be conclusively deemed to have been properly given or served if addressed in accordance with this Section 23 and (1) if mailed, on the second Business Day after being deposited in the mails, or (2) if sent by nationally-internationally recognized courier service, on the next Business Day facsimile or (3) if faxed before the close of business at the recipient’s location on a Business Day, when faxed or if faxed after the close of business at the recipient’s location or on a day that is not a Business Day, on the next Business Day thereafter to the fax number set forth below email (provided that a paper copy is mailed on the same day as aforesaid) or (4) if e-mailed, email delivery shall be effective only upon the sender’s receipt of an acknowledgement acknowledgment from the intended recipient (such as by the “return receipt requested” function, as available, return reply e-mail or other written acknowledgement)acknowledgment) to the party’s address specified below or at such other address as such party shall have designated by notice to the other party hereto and shall be effective upon receipt. (b) The Common Security Trustee and the Accounts Bank shall be entitled to rely and act upon any written notices purportedly given by or on behalf of the Borrower, provided that which the Common Security Trustee or the Accounts Bank, as applicable, believes in good faith to be genuine, even if (i) such notices were not made in a manner specified herein, were incomplete or were not preceded or followed by any such faxed other form of notice specified herein, or emailed notice or other communication is not sent during (ii) the normal business hours of terms thereof, as understood by the recipient, varied from any confirmation thereof. The Borrower shall indemnify the Common Security Trustee, the Accounts Bank and the Related Parties of each of them for all losses, costs, expenses and liabilities resulting from the reliance by such Person on each notice purportedly given by or communication shall be deemed to have been sent at on behalf of the opening Borrower. (c) Each of business on the next business day Loan Parties, the Common Security Trustee and the Accounts Bank may change its address, facsimile or telephone number for the recipient, notices and (5) notices or other communications posted to an internet or intranet website shall be deemed received upon the “receipt” hereunder by the intended recipient at its e-mail address as described in clause (4) above of notification that such notice or communication is available and identifying the website address therefor: If to the Seller: DHI Mortgage Company, Ltd. 00000 Xxxxx Xxxx Xxxx. Xxxxx 000 Xxxxxx, Xxxxx 00000 Attention: Xxxx Xxxxxx / Xxxx Xxxxxxx Telephone: (000) 000-0000 Fax: (000) 000-0000 email: xxxxxxx@xxxxxxxxxxx.xxx / xxxxxxxx@xxxxxxxxxxx.xxx with a copy to: X.X. Xxxxxx, Inc. 000 Xxxxxxxx Xxxxxx, Xxxxx 000 Xxxx Xxxxx, Xxxxx 00000 Attention: Xxx Xxxxxxx or Xxxx Xxxxxxx Telephone: (000) 000-0000 If to U.S. Bank as a Buyer or the Administrative Agent: U.S. Bank National Association 800 Nicollet Mall Mail Station: BC-MN-H03B Xxxxxxxxxxx, XX 00000 Attention: Xxxxx Xxxxxxx Telephone: (000) 000-0000 Fax: (000) 000-0000 email: xxxxx.xxxxxxx@xxxxxx.xxx If to the other Buyers, at the addresses shown on Schedule 23parties hereto.

Notices and Other Communications. All notices, demands, consents, requests and other communications required or permitted to be given or made hereunder (collectively, “Notices”), except as otherwise specifically provided in this Agreement, shall be in writing and shall be either (a) delivered in person, or (b) mailed, by certified, registered or express mail, postage prepaid, addressed to the respective parties hereto at their respective addresses specified below, or (c) sent in a prepaid overnight delivery envelope via a nationally-recognized courier service (such as Federal Express, United Parcel Service or DHL Worldwide Express) that provides weekday next-Business Day delivery service to the addressee’s location, (d) faxed to their respective fax numbers (with a paper copy mailed the same day as aforesaid) as hereinafter set forth or (e) emailed (with a confirming fax for any funding request) and/or posted to an Internet or intranet website and acknowledged as received as hereinafter set forth; provided that any party may change its address for notice by designating such party’s new address in a Notice to the other parties given at least five Business Days before it shall become effective. All Notices shall be conclusively deemed to have been properly given or served when received in person, regardless of how sent. Regardless of when received, all Notices shall be conclusively deemed to have been properly given or served if addressed in accordance with this Section 23 and (1) if mailed, on the second Business Day after being deposited in the mails, or (2) if sent by nationally-recognized courier service, on the next Business Day or (3) if faxed before the close of business at the recipient’s location on a Business Day, when faxed or if faxed after the close of business at the recipient’s location or on a day that is not a Business Day, on the next Business Day thereafter to the fax number set forth below (provided that a paper copy is mailed on the same day as aforesaid) or (4) if e-mailed, upon the sender’s receipt of an acknowledgement from the intended recipient (such as by the “return receipt requested” function, as available, return e-mail or other written acknowledgement), provided that if any such faxed or emailed notice or other communication is not sent during the normal business hours of the recipient, such notice or communication shall be deemed to have been sent at the opening of business on the next business day Business Day for the recipient, and (5) notices or communications posted to an internet or intranet website shall be deemed received upon the “receipt” by the intended recipient at its e-mail address as described in clause (4) above of notification that such notice or communication is available and identifying the website address therefor: If to the Seller: DHI Mortgage Company, Ltd. 00000 Xxxxx Xxxx Xxxx. Xxxxx 000 Xxxxxx, Xxxxx 00000 Attention: Xxxx Xxxxxx / and Xxxx Xxxxxxx Telephone: (000xxx) 000xxx-0000 xxxx Fax: (000xxx) 000xxx-0000 xxxx email: xxxxxxx@xxxxxxxxxxx.xxx / xxxxxxxx@xxxxxxxxxxx.xxx xxxxxx@xxxxxxxxxxx.xxx with a copy to xxxxxx@xxxxxxxxxxx.xxx with a copy to: X.X. Xxxxxx, Inc. 000 Xxxxxxxx Xxxxxx0000 Xxxxxx Xxxxxx Arlington, Xxxxx 000 Xxxx Xxxxx, Xxxxx 00000 TX 76011 Attention: Xxx Xxxxxxx or Xxxx Xxxxxxx Xxxxxx Xxxxxx Telephone: (000xxx) 000xxx-0000 xxxx If to U.S. Bank as a Buyer or the Administrative Agent: U.S. Bank National Association 800 Nicollet Mall Mail Station: BC0000 Xxxxxxxxx Xxxx. - XX-MNXX-H03B XxxxxxxxxxxX0XX Xxxxxxx, XX 00000 Attention: Xxxxxx Xxxxx Xxxxxxx Telephone: (000xxx) 000xxx-0000 Fax: (000) 000-0000 xxxx email: xxxxx.xxxxxxx@xxxxxx.xxx xxxxxx@xxxxxx.xxx If to the any other BuyersBuyer, to it at the addresses shown on Schedule 23its address (or facsimile number) set forth in its Administrative Questionnaire.

Notices and Other Communications. All notices, demands, consents, requests (a) Except in the case of notices and other communications required or expressly permitted to be given or made hereunder (collectivelyby telephone, “Notices”), except as otherwise specifically all notices and other communications provided in this Agreement, for herein shall be in writing and shall be either (a) delivered in personby hand or overnight courier service, mailed by certified or registered mail or sent by facsimile or, except with respect to any notice of Default or Event of Default, sent by email to the address(es), facsimile number or email address specified for the Borrower, the KEXIM Facility Agent, the Common Security Trustee or the KEXIM Covered Facility Lenders, as applicable, on Schedule 11.11. (b) mailedNotices sent by hand or overnight courier service, or mailed by certified, certified or registered or express mail, postage prepaid, addressed to the respective parties hereto at their respective addresses specified below, or (c) sent in a prepaid overnight delivery envelope via a nationally-recognized courier service (such as Federal Express, United Parcel Service or DHL Worldwide Express) that provides weekday next-Business Day delivery service to the addressee’s location, (d) faxed to their respective fax numbers (with a paper copy mailed the same day as aforesaid) as hereinafter set forth or (e) emailed (with a confirming fax for any funding request) and/or posted to an Internet or intranet website and acknowledged as received as hereinafter set forth; provided that any party may change its address for notice by designating such party’s new address in a Notice to the other parties given at least five Business Days before it shall become effective. All Notices shall be conclusively deemed to have been properly given or served when received in person, regardless of how sent. Regardless of when received, all Notices ; and notices sent by facsimile shall be conclusively deemed to have been properly given or served when sent (except that, if addressed in accordance with this Section 23 and (1) if mailednot given during normal business hours for the recipient, on shall be deemed to have been given at the second Business Day after being deposited in the mails, or (2) if sent by nationally-recognized courier service, opening of business on the next Business Day or (3) if faxed before the close of business at for the recipient’s location on a Business Day). Notices delivered through electronic communications shall be effective as provided in Section 11.11(c). (c) Unless otherwise prescribed, when faxed or if faxed after the close of business at the recipient’s location or on a day that is not a Business Day, on the next Business Day thereafter (i) notices and other communications sent to the fax number set forth below (provided that a paper copy is mailed on the same day as aforesaid) or (4) if an e-mailed, mail address shall be deemed received upon the sender’s receipt of an acknowledgement from the intended recipient (such as by the “return receipt requested” function, as available, return e-mail or other written acknowledgement); provided that, provided that if any such faxed or emailed notice or other communication is not sent received during the normal business hours of the recipient, such notice or communication shall be deemed to have been sent received at the opening of business on the next business day Business Day for the recipient, and (5ii) notices or communications posted to an internet or intranet website shall be deemed received upon the “receipt” deemed receipt by the intended recipient at its e-mail address as described in clause (4) above Schedule 11.11 of notification that such notice or communication is available and identifying the website address therefor: If . Notwithstanding the above, all notices delivered by the Borrower to the Seller: DHI Mortgage CompanyKEXIM Facility Agent through electronic communications shall be followed by the delivery of a hard copy. (d) Each of the Borrower, Ltd. 00000 Xxxxx Xxxx Xxxx. Xxxxx 000 Xxxxxxthe KEXIM Facility Agent and the Common Security Trustee may change its address, Xxxxx 00000 Attention: Xxxx Xxxxxx / Xxxx Xxxxxxx Telephone: (000) 000-0000 Fax: (000) 000-0000 email: xxxxxxx@xxxxxxxxxxx.xxx / xxxxxxxx@xxxxxxxxxxx.xxx with a copy to: X.X. Xxxxxx, Inc. 000 Xxxxxxxx Xxxxxx, Xxxxx 000 Xxxx Xxxxx, Xxxxx 00000 Attention: Xxx Xxxxxxx facsimile or Xxxx Xxxxxxx Telephone: (000) 000-0000 If to U.S. Bank as a Buyer or the Administrative Agent: U.S. Bank National Association 800 Nicollet Mall Mail Station: BC-MN-H03B Xxxxxxxxxxx, XX 00000 Attention: Xxxxx Xxxxxxx Telephone: (000) 000-0000 Fax: (000) 000-0000 email: xxxxx.xxxxxxx@xxxxxx.xxx If telephone number for notices and other communications hereunder by notice to the other Buyersparties hereto. Any KEXIM Covered Facility Lender may change its address, facsimile or telephone number for notices and other communications hereunder by notice to the Borrower, the KEXIM Facility Agent and the Common Security Trustee. (e) The KEXIM Facility Agent, the Common Security Trustee and the KEXIM Covered Facility Lenders shall be entitled to rely and act upon any written notices purportedly given by or on behalf of the Borrower even if (i) such notices were not made in a manner specified herein, were incomplete or were not preceded or followed by any other form of notice specified herein, or (ii) the terms thereof, as understood by the recipient, varied from any confirmation thereof. The Borrower shall indemnify the KEXIM Facility Agent, the Common Security Trustee, the KEXIM Covered Facility Lenders and the Related Parties of each of them for all losses, costs, expenses and liabilities resulting from the reliance by such Person on each notice purportedly given by or on behalf of the Borrower. All telephonic notices to and other telephonic communications with the KEXIM Facility Agent, the Common Security Trustee and the KEXIM Covered Facility Lenders by the Borrower may be recorded by the KEXIM Facility Agent, the Common Security Trustee and the KEXIM Covered Facility Lenders, as applicable, and each of the parties hereto hereby consents to such recording. (f) The KEXIM Facility Agent agrees that the receipt of the communications by the KEXIM Facility Agent at its e-mail addresses set forth in Schedule 11.11 shall constitute effective delivery to the KEXIM Facility Agent for purposes of the Financing Documents. Each KEXIM Covered Facility Lender agrees to notify the KEXIM Facility Agent in writing (including by electronic communication) from time to time of such KEXIM Covered Facility Lender’s e-mail address(es) to which the notices may be sent by electronic transmission and that such notices may be sent to such e-mail address(es). (g) Notwithstanding the above, nothing herein shall prejudice the right of the KEXIM Facility Agent, the Common Security Trustee and any of the KEXIM Covered Facility Lenders to give any notice or other communication pursuant to any Financing Document in any other manner specified in such Financing Document. (h) So long as KEB NY Financial Corp. is the KEXIM Facility Agent, the Borrower hereby agrees that it will provide to the KEXIM Facility Agent all information, documents and other materials that it is obligated to furnish to the KEXIM Facility Agent pursuant to the Financing Documents, including all notices, requests, financial statements, financial and other reports, certificates and other information materials, but excluding any such communication that (i) relates to any KEXIM Covered Facility Loan Borrowing, (ii) relates to the payment of any principal or other amount due under this Agreement prior to the scheduled date therefor, (iii) provides notice of any Default or Event of Default or (iv) is required to be delivered to satisfy any condition precedent to any KEXIM Covered Facility Loan Borrowing (all such non-excluded communications being referred to herein collectively as “Communications”), by transmitting the Communications in an electronic/soft medium in a format acceptable to the KEXIM Facility Agent at the email addresses shown specified in Schedule 11.11. In addition, the Borrower agrees to continue to provide the Communications to the KEXIM Facility Agent in the manner specified in the Financing Documents but only to the extent requested by the KEXIM Facility Agent. (i) So long as KEB NY Financial Corp. is the KEXIM Facility Agent, the Borrower further agrees that the KEXIM Facility Agent may make the Communications available to the KEXIM Covered Facility Lenders by posting the Communications on Schedule 23an internet website that may, from time to time, be notified to the KEXIM Covered Facility Lenders (or any replacement or successor thereto) or a substantially similar electronic transmission system (the “Platform”). The costs and expenses incurred by the KEXIM Facility Agent in creating and maintaining the Platform shall be paid by Borrower in accordance with Section 11.06 (Costs and Expenses). (j) THE PLATFORM IS PROVIDED “AS IS” AND “AS AVAILABLE”. THE KEXIM FACILITY AGENT DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE COMMUNICATIONS OR THE ADEQUACY OF THE PLATFORM AND EXPRESSLY DISCLAIMS LIABILITY FOR ERRORS OR OMISSIONS IN THE COMMUNICATIONS. NO WARRANTY OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS OR FREEDOM FROM VIRUSES OR OTHER CODE DEFECTS, IS MADE BY THE KEXIM FACILITY AGENT IN CONNECTION WITH THE COMMUNICATIONS OR THE PLATFORM. IN NO EVENT SHALL THE KEXIM FACILITY AGENT OR ANY AFFILIATE THEREOF OR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, ADVISORS OR REPRESENTATIVES (COLLECTIVELY, “AGENT PARTIES”) HAVE ANY LIABILITY TO THE BORROWER, ANY KEXIM COVERED FACILITY LENDER OR ANY OTHER PERSON OR ENTITY FOR DAMAGES OF ANY KIND, INCLUDING DIRECT OR INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOSSES OR EXPENSES (WHETHER IN TORT, CONTRACT OR OTHERWISE) ARISING OUT OF THE BORROWER’S OR ANY AGENT PARTY’S TRANSMISSION OF COMMUNICATIONS THROUGH THE INTERNET, EXCEPT TO THE EXTENT THE LIABILITY OF ANY AGENT PARTY IS FOUND IN A FINAL NON-APPEALABLE JUDGMENT BY A COURT OF COMPETENT JURISDICTION TO HAVE RESULTED PRIMARILY FROM SUCH AGENT PARTY’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT.

Notices and Other Communications. All notices, demands, consents, requests and other communications required or permitted to be given or made hereunder (collectively, “Notices”), except as otherwise specifically provided in this Agreement, shall be in writing and shall be either (a) delivered in person, or (b) mailed, by certified, registered or express mail, postage prepaid, addressed to the respective parties hereto at their respective addresses specified below, or (c) sent in a prepaid overnight delivery envelope via a nationally-recognized courier service (such as Federal Express, United Parcel Service or DHL Worldwide Express) that provides weekday next-Business Day delivery service to the addressee’s location, (d) faxed to their respective fax numbers (with a paper copy mailed the same day as aforesaid) as hereinafter set forth or (e) emailed (with a confirming fax for any funding request) and/or posted to an Internet or intranet website and acknowledged as received as hereinafter set forth; provided that any party may change its address for notice by designating such party’s new address in a Notice to the other parties given at least five Business Days before it shall become effective. All Notices shall be conclusively deemed to have been properly given or served when received in person, regardless of how sent. Regardless of when received, all Notices shall be conclusively deemed to have been properly given or served if addressed in accordance with this Section 23 and (1) if mailed, on the second Business Day after being deposited in the mails, or (2) if sent by nationally-recognized courier service, on the next Business Day or (3) if faxed before the close of business at the recipient’s location on a Business Day, when faxed or if faxed after the close of business at the recipient’s location or on a day that is not a Business Day, on the next Business Day thereafter to the fax number set forth below (provided that a paper copy is mailed on the same day as aforesaid) or (4) if e-mailed, upon the sender’s receipt of an acknowledgement from the intended recipient (such as by the “return receipt requested” function, as available, return e-mail or other written acknowledgement), provided that if any such faxed or emailed notice or other communication is not sent during the normal business hours of the recipient, such notice or communication shall be deemed to have been sent at the opening of business on the next business day for the recipient, and (5) notices or communications posted to an internet or intranet website shall be deemed received upon the “receipt” by the intended recipient at its e-mail address as described in clause (4) above of notification that such notice or communication is available and identifying the website address therefor: If to the Seller: DHI Mortgage Company, Ltd. 00000 Xxxxx Xxxx Xxxx. Xxxxx 000 Xxxxxx, Xxxxx 00000 Attention: Xxxx Xxxxxx / Xxxx Xxxxxxx Telephone: (000xxx) 000xxx-0000 xxxx Fax: (000xxx) 000xxx-0000 xxxx email: xxxxxxx@xxxxxxxxxxx.xxx xxxxxx@xxxxxxxxxxx.xxx / xxxxxxxx@xxxxxxxxxxx.xxx xxxxxx@xxxxxxxxxxx.xxx with a copy to: X.X. Xxxxxx, Inc. 000 Xxxxxxxx Xxxxxx, Xxxxx 000 Xxxx Xxxxx, Xxxxx 00000 Attention: Xxx Xxxxxxx or Xxxx Xxxxxxx Telephone: (000xxx) 000xxx-0000 xxxx If to U.S. Bank as a Buyer or the Administrative Agent: U.S. Bank National Association 800 Nicollet Mall Mail Station: BC0000 Xxxxxxxxx Xxxx. - XX-MNXX-H03B XxxxxxxxxxxX0XX Xxxxxxx, XX 00000 Attention: Xxxxx Xxxxxxx Telephone: (000xxx) 000xxx-0000 xxxx Fax: (000xxx) 000xxx-0000 xxxx email: xxxxx.xxxxxxx@xxxxxx.xxx xxxxxx@xxxxxx.xxx If to the any other BuyersBuyer, to it at the addresses shown on Schedule 23its address (or facsimile number) set forth in its Administrative Questionnaire.

Notices and Other Communications. All notices, demands, consents, requests (a) Except in the case of notices and other communications required or expressly permitted to be given or made hereunder by telephone (collectively, “Notices”and except as provided in Section 11.11(b)), except as otherwise specifically all notices and other communications provided in this Agreement, for herein shall be in writing and shall be either delivered by hand or overnight courier service, mailed by certified or registered mail or sent by telecopier or electronic mail as follows, and all notices and other communications expressly permitted hereunder to be given by telephone shall be made to the applicable telephone number, as follows: (ai) delivered if to any Loan Party, the Loan Party Agent or any Agent, to the address, telecopier number, electronic mail address or telephone number specified for such Person on Schedule 11.11; and (ii) if to any Lender, to the address, telecopier number, electronic mail address or telephone number specified in person, or its administrative questionnaire. (b) mailed, by certified, registered or express mail, postage prepaid, addressed to the respective parties hereto at their respective addresses specified below, or (c) sent in a prepaid overnight delivery envelope via a nationally-recognized courier service (such as Federal Express, United Parcel Service or DHL Worldwide Express) that provides weekday next-Business Day delivery service to the addressee’s location, (d) faxed to their respective fax numbers (with a paper copy mailed the same day as aforesaid) as hereinafter set forth or (e) emailed (with a confirming fax for any funding request) and/or posted to an Internet or intranet website and acknowledged as received as hereinafter set forth; provided that any party may change its address for notice by designating such party’s new address in a Notice to the other parties given at least five Business Days before it shall become effective. All Notices shall be conclusively deemed to have been properly given or served when received in person, regardless of how sent. Regardless of when received, all Notices shall be conclusively deemed to have been properly given or served if addressed in accordance with this Section 23 and (1) if mailed, on the second Business Day after being deposited in the mails, or (2) if sent by nationally-recognized hand or overnight courier service, on the next Business Day or (3) if faxed before the close of business at the recipient’s location on a Business Daymailed by certified or registered mail, when faxed or if faxed after the close of business at the recipient’s location or on a day that is not a Business Day, on the next Business Day thereafter to the fax number set forth below (provided that a paper copy is mailed on the same day as aforesaid) or (4) if e-mailed, upon the sender’s receipt of an acknowledgement from the intended recipient (such as by the “return receipt requested” function, as available, return e-mail or other written acknowledgement), provided that if any such faxed or emailed notice or other communication is not sent during the normal business hours of the recipient, such notice or communication shall be deemed to have been given when received; notices sent by telecopier shall be deemed to have been given when sent (except that, if not given during normal business hours for the recipient, shall be deemed to have been given at the opening of business on the next business day Business Day for the recipient, ). Notices delivered through electronic communications to the extent provided in Section 11.11(d) shall be effective as provided in Section 11.11(d). Any notice sent to the Loan Party Agent shall be deemed to have been given to each Loan Party. (c) Notices and other communications to the Lenders or any Agent hereunder may be delivered or furnished by electronic communication (5) notices or communications posted to an including e-mail and internet or intranet website shall be deemed received upon the “receipt” websites) pursuant to procedures approved by the intended recipient at its e-mail address as described in clause (4) above of notification that such notice or communication is available and identifying the website address therefor: If to the Seller: DHI Mortgage Company, Ltd. 00000 Xxxxx Xxxx Xxxx. Xxxxx 000 Xxxxxx, Xxxxx 00000 Attention: Xxxx Xxxxxx / Xxxx Xxxxxxx Telephone: (000) 000-0000 Fax: (000) 000-0000 email: xxxxxxx@xxxxxxxxxxx.xxx / xxxxxxxx@xxxxxxxxxxx.xxx with a copy to: X.X. Xxxxxx, Inc. 000 Xxxxxxxx Xxxxxx, Xxxxx 000 Xxxx Xxxxx, Xxxxx 00000 Attention: Xxx Xxxxxxx or Xxxx Xxxxxxx Telephone: (000) 000-0000 If to U.S. Bank as a Buyer or the Administrative Agent: U.S. Bank National Association 800 Nicollet Mall Mail Station: BC-MN-H03B Xxxxxxxxxxx, XX 00000 Attention: Xxxxx Xxxxxxx Telephone: (000) 000-0000 Fax: (000) 000-0000 email: xxxxx.xxxxxxx@xxxxxx.xxx If and in the case of notices to the Collateral Agent, by the Collateral Agent as well; provided that the foregoing shall not apply to notices to any Lender pursuant to Article II (Commitments and Funding) if such Lender has notified the Administrative Agent that it is incapable of receiving notices under such Article II (Commitments and Funding) by electronic communication. Each of the Administrative Agent or any Loan Party may, in its discretion, agree to accept notices and other Buyers, at the addresses shown on Schedule 23.communications to it hereunder by electronic communications pursuant to procedures approved

Notices and Other Communications. All notices, demands, consents, requests (a) Except in the case of notices and other communications required or expressly permitted to be given or made hereunder (collectivelyby telephone, “Notices”), except as otherwise specifically all notices and other communications provided in this Agreement, for herein shall be in writing and shall be either (a) delivered in personby hand or overnight courier service, mailed by certified or registered mail or sent by facsimile or sent by email to the address(es), facsimile number or email address specified for the Borrower, Total Holdings, the TCF Administrative Agent, the P1 Collateral Agent, or the Senior Lenders, as applicable, on Schedule 14.11. (b) mailedNotices sent by hand or overnight courier service, or mailed by certified, certified or registered or express mail, postage prepaid, addressed to the respective parties hereto at their respective addresses specified below, or (c) sent in a prepaid overnight delivery envelope via a nationally-recognized courier service (such as Federal Express, United Parcel Service or DHL Worldwide Express) that provides weekday next-Business Day delivery service to the addressee’s location, (d) faxed to their respective fax numbers (with a paper copy mailed the same day as aforesaid) as hereinafter set forth or (e) emailed (with a confirming fax for any funding request) and/or posted to an Internet or intranet website and acknowledged as received as hereinafter set forth; provided that any party may change its address for notice by designating such party’s new address in a Notice to the other parties given at least five Business Days before it shall become effective. All Notices shall be conclusively deemed to have been properly given or served when received in person, regardless of how sent. Regardless of when received, all Notices ; and notices sent by facsimile shall be conclusively deemed to have been properly given or served when sent (except that, if addressed in accordance with this Section 23 and (1) if mailednot given during normal business hours for the recipient, on they shall be deemed to have been given at the second Business Day after being deposited in the mails, or (2) if sent by nationally-recognized courier service, opening of business on the next Business Day or (3) if faxed before the close of business at for the recipient’s location on a Business Day). Notices delivered through electronic communications shall be effective as provided in Schedule 14.11. (c) Unless otherwise prescribed, when faxed or if faxed after the close of business at the recipient’s location or on a day that is not a Business Day, on the next Business Day thereafter (i) notices and other communications sent to the fax number set forth below (provided that a paper copy is mailed on the same day as aforesaid) or (4) if an e-mailed, mail address shall be deemed received upon the sender’s receipt of an acknowledgement from the intended recipient (such as by the “return receipt requested” function, as available, return e-mail or other written acknowledgement); provided, provided that if any such faxed or emailed notice or other communication is not sent received during the normal business hours of the recipient, such notice or communication shall be deemed to have been sent received at the opening of business on the next business day Business Day for the recipient, and (5ii) notices or communications posted to an internet or intranet website shall be deemed received upon the “receipt” deemed receipt by the intended recipient at its e-mail address as described in clause (4) above Schedule 14.11 of notification that such notice or communication is available and identifying the website address therefor: If . Notwithstanding the above, all notices delivered by the Borrower to the Seller: DHI Mortgage CompanyTCF Administrative Agent through electronic communications shall be followed by the delivery of a hard copy. (d) Each of the Borrower, Ltd. 00000 Xxxxx Xxxx Xxxx. Xxxxx 000 Xxxxxxthe TCF Administrative Agent and the P1 Collateral Agent may change its address, Xxxxx 00000 Attention: Xxxx Xxxxxx / Xxxx Xxxxxxx Telephone: (000) 000-0000 Fax: (000) 000-0000 email: xxxxxxx@xxxxxxxxxxx.xxx / xxxxxxxx@xxxxxxxxxxx.xxx with a copy to: X.X. Xxxxxxfacsimile, Inc. 000 Xxxxxxxx Xxxxxx, Xxxxx 000 Xxxx Xxxxx, Xxxxx 00000 Attention: Xxx Xxxxxxx email address or Xxxx Xxxxxxx Telephone: (000) 000-0000 If to U.S. Bank as a Buyer or the Administrative Agent: U.S. Bank National Association 800 Nicollet Mall Mail Station: BC-MN-H03B Xxxxxxxxxxx, XX 00000 Attention: Xxxxx Xxxxxxx Telephone: (000) 000-0000 Fax: (000) 000-0000 email: xxxxx.xxxxxxx@xxxxxx.xxx If telephone number for notices and other communications hereunder by notice to the other Buyersparties hereto. Each Senior Lender may change its address, facsimile, email address or telephone number for notices and other communications hereunder by notice to the Borrower, the TCF Administrative Agent and the P1 Collateral Agent. (e) The TCF Administrative Agent, the P1 Collateral Agent, and the Senior Lenders shall be entitled to rely and act upon any written notices purportedly given by or on behalf of the Borrower even if (i) such notices were not made in a manner specified herein, were incomplete or were not preceded or followed by any other form of notice specified herein, or (ii) the terms thereof, as understood by the recipient, varied from any confirmation thereof. The Borrower shall indemnify the TCF Administrative Agent, the P1 Collateral Agent, the Senior Lenders, and the Related Parties of each of them for all losses, costs, expenses and liabilities resulting from the reliance by such Person on each notice purportedly given by or on behalf of the Borrower. All telephonic notices to and other telephonic communications with the TCF Administrative Agent, the P1 Collateral Agent, the Senior Lenders by the Borrower may be recorded by the TCF Administrative Agent the P1 Collateral Agent, the Senior Lenders, as applicable, and each of the parties hereto hereby consents to such recording. (f) Notwithstanding the above, nothing herein shall prejudice the right of the TCF Administrative Agent, the P1 Collateral Agent, any of the Senior Lenders to give any notice or other communication pursuant to any TCF Financing Document in any other manner specified in such TCF Financing Document. (g) the Borrower hereby agrees that it will provide to the TCF Administrative Agent all information, documents and other materials that it is obligated to furnish to the TCF Administrative Agent pursuant to the TCF Financing Documents, including all notices, requests, financial statements, financial and other reports, certificates and other information materials, but excluding any such communication that (i) relates to any Construction/Term Loan Borrowing, (ii) relates to the payment of any principal or other amount due under this Agreement prior to the scheduled date therefor, (iii) provides notice of any Default or Event of Default, or (iv) is required to be delivered to satisfy any condition precedent to any Construction/Term Loan Borrowing (all such non-excluded communications being referred to herein collectively as “Communications”), by transmitting the Communications in an electronic/soft medium in a format acceptable to the TCF Administrative Agent at the email addresses shown specified in Schedule 14.11. In addition, the Borrower agrees to continue to provide the Communications to the TCF Administrative Agent in the manner specified in the TCF Financing Documents but only to the extent requested by the TCF Administrative Agent. (h) the Borrower further agrees that the TCF Administrative Agent may make the Communications available to the Senior Lenders by posting the Communications on Schedule 23an internet website that may, from time to time, be notified to the Senior Lenders or a substantially similar electronic transmission system (the “Platform”). The costs and expenses incurred by the TCF Administrative Agent in creating and maintaining the Platform shall be paid by Borrower in accordance with Section 14.6. (i) THE PLATFORM IS PROVIDED “AS IS” AND “AS AVAILABLE”. THE TCF ADMINISTRATIVE AGENT DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE COMMUNICATIONS OR THE ADEQUACY OF THE PLATFORM AND EXPRESSLY DISCLAIMS LIABILITY FOR ERRORS OR OMISSIONS IN THE COMMUNICATIONS. NO WARRANTY OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS OR FREEDOM FROM VIRUSES OR OTHER CODE DEFECTS, IS MADE BY THE TCF ADMINISTRATIVE AGENT IN CONNECTION WITH THE COMMUNICATIONS OR THE PLATFORM. IN NO EVENT SHALL THE TCF ADMINISTRATIVE AGENT OR ANY AFFILIATE THEREOF OR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, ADVISORS OR REPRESENTATIVES (COLLECTIVELY, “AGENT PARTIES”) HAVE ANY LIABILITY TO THE BORROWER, ANY SENIOR LENDER, OR ANY OTHER PERSON OR ENTITY FOR DAMAGES OF ANY KIND, INCLUDING DIRECT OR INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOSSES OR EXPENSES (WHETHER IN TORT, CONTRACT OR OTHERWISE) ARISING OUT OF THE BORROWER’S OR ANY AGENT PARTY’S TRANSMISSION OF COMMUNICATIONS THROUGH THE INTERNET, EXCEPT TO THE EXTENT THE LIABILITY OF ANY AGENT PARTY IS FOUND IN A FINAL NON-APPEALABLE JUDGMENT BY A COURT OF COMPETENT JURISDICTION TO HAVE RESULTED PRIMARILY FROM SUCH AGENT PARTY’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT.

Notices and Other Communications. All notices, demands, consents, requests (a) Except in the case of notices and other communications required or expressly permitted to be given or made hereunder (collectivelyby telephone, “Notices”), except as otherwise specifically all notices and other communications provided in this Agreement, for herein shall be in writing and shall be either (a) delivered in personby hand or overnight courier service, mailed by certified or registered mail or sent by facsimile or, except with respect to any notice of Default or Event of Default, sent by email to the address(es), facsimile number or email address specified for the Borrower, the Senior Facility Agent, the Common Security Trustee, the Swing Line Lender, the Senior Issuing Banks or the Senior Lenders, as applicable, on Schedule 11.11. (b) mailedNotices sent by hand or overnight courier service, or mailed by certified, certified or registered or express mail, postage prepaid, addressed to the respective parties hereto at their respective addresses specified below, or (c) sent in a prepaid overnight delivery envelope via a nationally-recognized courier service (such as Federal Express, United Parcel Service or DHL Worldwide Express) that provides weekday next-Business Day delivery service to the addressee’s location, (d) faxed to their respective fax numbers (with a paper copy mailed the same day as aforesaid) as hereinafter set forth or (e) emailed (with a confirming fax for any funding request) and/or posted to an Internet or intranet website and acknowledged as received as hereinafter set forth; provided that any party may change its address for notice by designating such party’s new address in a Notice to the other parties given at least five Business Days before it shall become effective. All Notices shall be conclusively deemed to have been properly given or served when received in person, regardless of how sent. Regardless of when received, all Notices ; and notices sent by facsimile shall be conclusively deemed to have been properly given or served when sent (except that, if addressed in accordance with this Section 23 and (1) if mailednot given during normal business hours for the recipient, on shall be deemed to have been given at the second Business Day after being deposited in the mails, or (2) if sent by nationally-recognized courier service, opening of business on the next Business Day or (3) if faxed before the close of business at for the recipient’s location on a Business Day). Notices delivered through electronic communications shall be effective as provided in Section 11.11(c). (c) Unless otherwise prescribed, when faxed or if faxed after the close of business at the recipient’s location or on a day that is not a Business Day, on the next Business Day thereafter (i) notices and other communications sent to the fax number set forth below (provided that a paper copy is mailed on the same day as aforesaid) or (4) if an e-mailed, mail address shall be deemed received upon the sender’s receipt of an acknowledgement from the intended recipient (such as by the “return receipt requested” function, as available, return e-mail or other written acknowledgement); provided that, provided that if any such faxed or emailed notice or other communication is not sent received during the normal business hours of the recipient, such notice or communication shall be deemed to have been sent received at the opening of business on the next business day Business Day for the recipient, recipient and (5ii) notices or communications posted to an internet or intranet website shall be deemed received upon the “receipt” deemed receipt by the intended recipient at its e-mail address as described in clause (4) above Schedule 11.11 of notification that such notice or communication is available and identifying the website address therefor: If . Notwithstanding the above, all notices delivered by the Borrower to the Seller: DHI Mortgage CompanySenior Facility Agent through electronic communications shall be followed by the delivery of a hard copy. (d) Each of the Borrower, Ltd. 00000 Xxxxx Xxxx Xxxx. Xxxxx 000 Xxxxxxthe Senior Facility Agent and the Common Security Trustee may change its address, Xxxxx 00000 Attention: Xxxx Xxxxxx / Xxxx Xxxxxxx Telephone: (000) 000-0000 Fax: (000) 000-0000 email: xxxxxxx@xxxxxxxxxxx.xxx / xxxxxxxx@xxxxxxxxxxx.xxx with a copy to: X.X. Xxxxxx, Inc. 000 Xxxxxxxx Xxxxxx, Xxxxx 000 Xxxx Xxxxx, Xxxxx 00000 Attention: Xxx Xxxxxxx facsimile telephone number or Xxxx Xxxxxxx Telephone: (000) 000-0000 If to U.S. Bank as a Buyer or the Administrative Agent: U.S. Bank National Association 800 Nicollet Mall Mail Station: BC-MN-H03B Xxxxxxxxxxx, XX 00000 Attention: Xxxxx Xxxxxxx Telephone: (000) 000-0000 Fax: (000) 000-0000 email: xxxxx.xxxxxxx@xxxxxx.xxx If email address for notices and other communications hereunder by notice to the other Buyersparties hereto. Any Senior Lender, the Swing Line Lender and any Senior Issuing Bank may change its address, facsimile, telephone number or email address for notices and other communications hereunder by notice to the Borrower, the Senior Facility Agent and the Common Security Trustee. (e) The Senior Facility Agent, the Common Security Trustee, the Swing Line Lender, the Senior Issuing Banks and the Senior Lenders shall be entitled to rely and act upon any written notices purportedly given by or on behalf of the Borrower even if (i) such notices were not made in a manner specified herein, were incomplete or were not preceded or followed by any other form of notice specified herein or (ii) the terms thereof, as understood by the recipient, varied from any confirmation thereof. The Borrower shall indemnify the Senior Facility Agent, the Common Security Trustee, the Swing Line Lender, the Senior Issuing Banks, the Senior Lenders and the Related Parties of each of them for all losses, costs, expenses and liabilities resulting from the reliance by such Person on each notice purportedly given by or on behalf of the Borrower. All telephonic notices to and other telephonic communications with the Senior Facility Agent, the Common Security Trustee, the Swing Line Lender, the Senior Issuing Banks and the Senior Lenders by the Borrower may be recorded by the Senior Facility Agent, the Common Security Trustee, the Swing Line Lender, the Senior Issuing Banks and the Senior Lenders, as applicable, and each of the parties hereto hereby consents to such recording. (f) The Senior Facility Agent agrees that the receipt of the communications by the Senior Facility Agent at its e- mail addresses set forth in Schedule 11.11 shall constitute effective delivery to the Senior Facility Agent for purposes of the Financing Documents. The Swing Line Lender, each Senior Issuing Bank and each Senior Lender agrees to notify the Senior Facility Agent in writing (including by electronic communication) from time to time of such Senior Lender’s e-mail address(es) to which the notices may be sent by electronic transmission and that such notices may be sent to such e-mail address(es). (g) Notwithstanding the above, nothing herein shall prejudice the right of the Senior Facility Agent, the Common Security Trustee, the Swing Line Lender, any Senior Issuing Bank and any of the Senior Lenders to give any notice or other communication pursuant to any Financing Document in any other manner specified in such Financing Document. (h) So long as The Bank of Nova Scotia is the Senior Facility Agent, the Borrower hereby agrees that it will provide to the Senior Facility Agent all information, documents and other materials that it is obligated to furnish to the Senior Facility Agent pursuant to the Financing Documents, including all notices, requests, financial statements, financial and other reports, certificates and other information materials, but excluding any such communication that (i) relates to any Loan borrowing, (ii) relates to the payment of any principal or other amount due under this Agreement prior to the scheduled date therefor, (iii) provides notice of any Default or Event of Default or (iv) is required to be delivered to satisfy any condition precedent to any Extension of Credit (all such non-excluded communications being referred to herein collectively as “Communications”), by transmitting the Communications in an electronic/soft medium in a format acceptable to the Senior Facility Agent at the email addresses shown specified in Schedule 11.11. In addition, the Borrower agrees to continue to provide the Communications to the Senior Facility Agent in the manner specified in the Financing Documents but only to the extent requested by the Senior Facility Agent. (i) So long as The Bank of Nova Scotia is the Senior Facility Agent, the Borrower further agrees that the Senior Facility Agent may make the Communications available to the Senior Lenders by posting the Communications on Schedule 23an internet website that may, from time to time, be notified to the Senior Lenders (or any replacement or successor thereto) or a substantially similar electronic transmission system (the “Platform”). The costs and expenses incurred by the Senior Facility Agent in creating and maintaining the Platform shall be paid by the Borrower in accordance with Section 11.06 (Costs and Expenses). (j) THE PLATFORM IS PROVIDED “AS IS” AND “AS AVAILABLE”. THE SENIOR FACILITY AGENT DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE COMMUNICATIONS OR THE ADEQUACY OF THE PLATFORM AND EXPRESSLY DISCLAIMS LIABILITY FOR ERRORS OR OMISSIONS IN THE COMMUNICATIONS. NO WARRANTY OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON- INFRINGEMENT OF THIRD PARTY RIGHTS OR FREEDOM FROM VIRUSES OR OTHER CODE DEFECTS, IS MADE BY THE SENIOR FACILITY AGENT IN CONNECTION WITH THE COMMUNICATIONS OR THE PLATFORM. IN NO EVENT SHALL THE SENIOR FACILITY AGENT OR ANY AFFILIATE THEREOF OR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, ADVISORS OR REPRESENTATIVES (COLLECTIVELY, “AGENT PARTIES”) HAVE ANY LIABILITY TO THE BORROWER, ANY SENIOR LENDER, THE SWING LINE LENDER, ANY SENIOR ISSUING BANK OR ANY OTHER PERSON OR ENTITY FOR DAMAGES OF ANY KIND, INCLUDING DIRECT OR INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOSSES OR EXPENSES (WHETHER IN TORT, CONTRACT OR OTHERWISE) ARISING OUT OF THE BORROWER’S OR ANY AGENT PARTY’S TRANSMISSION OF COMMUNICATIONS THROUGH THE INTERNET, EXCEPT TO THE EXTENT THE LIABILITY OF ANY AGENT PARTY IS FOUND IN A FINAL NON-APPEALABLE JUDGMENT BY A COURT OF COMPETENT JURISDICTION TO HAVE RESULTED PRIMARILY FROM SUCH AGENT PARTY’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT.

Notices and Other Communications. All notices, demands, consents, requests (a) Except in the case of notices and other communications required or expressly permitted to be given or made hereunder (collectivelyby telephone, “Notices”), except as otherwise specifically all notices and other communications provided in this Agreement, for herein shall be in writing and shall be either (a) delivered in personby hand or overnight courier service, mailed by certified or registered mail or sent by facsimile or, except with respect to any notice of Default or Event of Default, sent by email to the address(es), facsimile number or email address specified for the Borrower, the Senior Facility Agent, the Common Security Trustee, the Swing Line Lender, the Senior Issuing Banks or the Senior Lenders, as applicable, on Schedule 11.11. (b) mailedNotices sent by hand or overnight courier service, or mailed by certified, certified or registered or express mail, postage prepaid, addressed to the respective parties hereto at their respective addresses specified below, or (c) sent in a prepaid overnight delivery envelope via a nationally-recognized courier service (such as Federal Express, United Parcel Service or DHL Worldwide Express) that provides weekday next-Business Day delivery service to the addressee’s location, (d) faxed to their respective fax numbers (with a paper copy mailed the same day as aforesaid) as hereinafter set forth or (e) emailed (with a confirming fax for any funding request) and/or posted to an Internet or intranet website and acknowledged as received as hereinafter set forth; provided that any party may change its address for notice by designating such party’s new address in a Notice to the other parties given at least five Business Days before it shall become effective. All Notices shall be conclusively deemed to have been properly given or served when received in person, regardless of how sent. Regardless of when received, all Notices ; and notices sent by facsimile shall be conclusively deemed to have been properly given or served when sent (except that, if addressed in accordance with this Section 23 and (1) if mailednot given during normal business hours for the recipient, on shall be deemed to have been given at the second Business Day after being deposited in the mails, or (2) if sent by nationally-recognized courier service, opening of business on the next Business Day or (3) if faxed before the close of business at for the recipient’s location on a Business Day). Notices delivered through electronic communications shall be effective as provided in Section 11.11(c). (c) Unless otherwise prescribed, when faxed or if faxed after the close of business at the recipient’s location or on a day that is not a Business Day, on the next Business Day thereafter (i) notices and other communications sent to the fax number set forth below (provided that a paper copy is mailed on the same day as aforesaid) or (4) if an e-mailed, mail address shall be deemed received upon the sender’s receipt of an acknowledgement from the intended recipient (such as by the “return receipt requested” function, as available, return e-mail or other written acknowledgement); provided that, provided that if any such faxed or emailed notice or other communication is not sent received during the normal business hours of the recipient, such notice or communication shall be deemed to have been sent received at the opening of business on the next business day Business Day for the recipient, recipient and (5ii) notices or communications posted to an internet or intranet website shall be deemed received upon the “receipt” deemed receipt by the intended recipient at its e-mail address as described in clause (4) above Schedule 11.11 of notification that such notice or communication is available and identifying the website address therefor: If . Notwithstanding the above, all notices delivered by the Borrower to the Seller: DHI Mortgage CompanySenior Facility Agent through electronic communications shall be followed by the delivery of a hard copy. (d) Each of the Borrower, Ltd. 00000 Xxxxx Xxxx Xxxx. Xxxxx 000 Xxxxxxthe Senior Facility Agent and the Common Security Trustee may change its address, Xxxxx 00000 Attention: Xxxx Xxxxxx / Xxxx Xxxxxxx Telephone: (000) 000-0000 Fax: (000) 000-0000 email: xxxxxxx@xxxxxxxxxxx.xxx / xxxxxxxx@xxxxxxxxxxx.xxx with a copy to: X.X. Xxxxxx, Inc. 000 Xxxxxxxx Xxxxxx, Xxxxx 000 Xxxx Xxxxx, Xxxxx 00000 Attention: Xxx Xxxxxxx facsimile telephone number or Xxxx Xxxxxxx Telephone: (000) 000-0000 If to U.S. Bank as a Buyer or the Administrative Agent: U.S. Bank National Association 800 Nicollet Mall Mail Station: BC-MN-H03B Xxxxxxxxxxx, XX 00000 Attention: Xxxxx Xxxxxxx Telephone: (000) 000-0000 Fax: (000) 000-0000 email: xxxxx.xxxxxxx@xxxxxx.xxx If email address for notices and other communications hereunder by notice to the other Buyersparties hereto. Any Senior Lender, the Swing Line Lender and any Senior Issuing Bank may change its address, facsimile, telephone number or email address for notices and other communications hereunder by notice to the Borrower, the Senior Facility Agent and the Common Security Trustee. (e) The Senior Facility Agent, the Common Security Trustee, the Swing Line Lender, the Senior Issuing Banks and the Senior Lenders shall be entitled to rely and act upon any written notices purportedly given by or on behalf of the Borrower even if (i) such notices were not made in a manner specified herein, were incomplete or were not preceded or followed by any other form of notice specified herein or (ii) the terms thereof, as understood by the recipient, varied from any confirmation thereof. The Borrower shall indemnify the Senior Facility Agent, the Common Security Trustee, the Swing Line Lender, the Senior Issuing Banks, the Senior Lenders and the Related Parties of each of them for all losses, costs, expenses and liabilities resulting from the reliance by such Person on each notice purportedly given by or on behalf of the Borrower. All telephonic notices to and other telephonic communications with the Senior Facility Agent, the Common Security Trustee, the Swing Line Lender, the Senior Issuing Banks and the Senior Lenders by the Borrower may be recorded by the Senior Facility Agent, the Common Security Trustee, the Swing Line Lender, the Senior Issuing Banks and the Senior Lenders, as applicable, and each of the parties hereto hereby consents to such recording. (f) The Senior Facility Agent agrees that the receipt of the communications by the Senior Facility Agent at its e-mail addresses set forth in Schedule 11.11 shall constitute effective delivery to the Senior Facility Agent for purposes of the Financing Documents. The Swing Line Lender, each Senior Issuing Bank and each Senior Lender agrees to notify the Senior Facility Agent in writing (including by electronic communication) from time to time of such Senior Lender’s e-mail address(es) to which the notices may be sent by electronic transmission and that such notices may be sent to such e-mail address(es). (g) Notwithstanding the above, nothing herein shall prejudice the right of the Senior Facility Agent, the Common Security Trustee, the Swing Line Lender, any Senior Issuing Bank and any of the Senior Lenders to give any notice or other communication pursuant to any Financing Document in any other manner specified in such Financing Document. (h) So long as The Bank of Nova Scotia is the Senior Facility Agent, the Borrower hereby agrees that it will provide to the Senior Facility Agent all information, documents and other materials that it is obligated to furnish to the Senior Facility Agent pursuant to the Financing Documents, including all notices, requests, financial statements, financial and other reports, certificates and other information materials, but excluding any such communication that (i) relates to any Loan borrowing, (ii) relates to the payment of any principal or other amount due under this Agreement prior to the scheduled date therefor, (iii) provides notice of any Default or Event of Default or (iv) is required to be delivered to satisfy any condition precedent to any Extension of Credit (all such non-excluded communications being referred to herein collectively as “Communications”), by transmitting the Communications in an electronic/soft medium in a format acceptable to the Senior Facility Agent at the email addresses shown specified in Schedule 11.11. In addition, the Borrower agrees to continue to provide the Communications to the Senior Facility Agent in the manner specified in the Financing Documents but only to the extent requested by the Senior Facility Agent. (i) So long as The Bank of Nova Scotia is the Senior Facility Agent, the Borrower further agrees that the Senior Facility Agent may make the Communications available to the Senior Lenders by posting the Communications on Schedule 23an internet website that may, from time to time, be notified to the Senior Lenders (or any replacement or successor thereto) or a substantially similar electronic transmission system (the “Platform”). The costs and expenses incurred by the Senior Facility Agent in creating and maintaining the Platform shall be paid by the Borrower in accordance with Section 11.06 (Costs and Expenses). (j) THE PLATFORM IS PROVIDED “AS IS” AND “AS AVAILABLE”. THE SENIOR FACILITY AGENT DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE COMMUNICATIONS OR THE ADEQUACY OF THE PLATFORM AND EXPRESSLY DISCLAIMS LIABILITY FOR ERRORS OR OMISSIONS IN THE COMMUNICATIONS. NO WARRANTY OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON- INFRINGEMENT OF THIRD PARTY RIGHTS OR FREEDOM FROM VIRUSES OR OTHER CODE DEFECTS, IS MADE BY THE SENIOR FACILITY AGENT IN CONNECTION WITH THE COMMUNICATIONS OR THE PLATFORM. IN NO EVENT SHALL THE SENIOR FACILITY AGENT OR ANY AFFILIATE THEREOF OR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, ADVISORS OR REPRESENTATIVES (COLLECTIVELY, “AGENT PARTIES”) HAVE ANY LIABILITY TO THE BORROWER, ANY SENIOR LENDER, THE SWING LINE LENDER, ANY SENIOR ISSUING BANK OR ANY OTHER PERSON OR ENTITY FOR DAMAGES OF ANY KIND, INCLUDING DIRECT OR INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOSSES OR EXPENSES (WHETHER IN TORT, CONTRACT OR OTHERWISE) ARISING OUT OF THE BORROWER’S OR ANY AGENT PARTY’S TRANSMISSION OF COMMUNICATIONS THROUGH THE INTERNET, EXCEPT TO THE EXTENT THE LIABILITY OF ANY AGENT PARTY IS FOUND IN A FINAL NON-APPEALABLE JUDGMENT BY A COURT OF COMPETENT JURISDICTION TO HAVE RESULTED PRIMARILY FROM SUCH AGENT PARTY’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT.

Notices and Other Communications. All notices, demands, consents, requests (a) Except in the case of notices and other communications required or expressly permitted to be given or made hereunder (collectivelyby telephone, “Notices”), except as otherwise specifically all notices and other communications provided in this Agreement, for herein shall be in writing and shall be either (a) delivered in personby hand or overnight courier service, mailed by certified or registered mail or sent by facsimile or, except with respect to any notice of Default or Event of Default, sent by email to the address(es), facsimile number or email address specified for the Borrower, the KEXIM Facility Agent, the Common Security Trustee or KEXIM, as applicable, on Schedule 10.11. (b) mailedNotices sent by hand or overnight courier service, or mailed by certified, certified or registered or express mail, postage prepaid, addressed to the respective parties hereto at their respective addresses specified below, or (c) sent in a prepaid overnight delivery envelope via a nationally-recognized courier service (such as Federal Express, United Parcel Service or DHL Worldwide Express) that provides weekday next-Business Day delivery service to the addressee’s location, (d) faxed to their respective fax numbers (with a paper copy mailed the same day as aforesaid) as hereinafter set forth or (e) emailed (with a confirming fax for any funding request) and/or posted to an Internet or intranet website and acknowledged as received as hereinafter set forth; provided that any party may change its address for notice by designating such party’s new address in a Notice to the other parties given at least five Business Days before it shall become effective. All Notices shall be conclusively deemed to have been properly given or served when received in person, regardless of how sent. Regardless of when received, all Notices ; and notices sent by facsimile shall be conclusively deemed to have been properly given or served when sent (except that, if addressed in accordance with this Section 23 and (1) if mailednot given during normal business hours for the recipient, on shall be deemed to have been given at the second Business Day after being deposited in the mails, or (2) if sent by nationally-recognized courier service, opening of business on the next Business Day or (3) if faxed before the close of business at for the recipient’s location on a Business Day). Notices delivered through electronic communications shall be effective as provided in Section 10.11(c). (c) Unless otherwise prescribed, when faxed or if faxed after the close of business at the recipient’s location or on a day that is not a Business Day, on the next Business Day thereafter (i) notices and other communications sent to the fax number set forth below (provided that a paper copy is mailed on the same day as aforesaid) or (4) if an e-mailed, mail address shall be deemed received upon the sender’s receipt of an acknowledgement from the intended recipient (such as by the “return receipt requested” function, as available, return e-mail or other written acknowledgement); provided that, provided that if any such faxed or emailed notice or other communication is not sent received during the normal business hours of the recipient, such notice or communication shall be deemed to have been sent received at the opening of business on the next business day Business Day for the recipient, and (5ii) notices or communications posted to an internet or intranet website shall be deemed received upon the “receipt” deemed receipt by the intended recipient at its e-mail address as described in clause (4) above Schedule 10.11 of notification that such notice or communication is available and identifying the website address therefor: If . Notwithstanding the above, all notices delivered by the Borrower to the Seller: DHI Mortgage CompanyKEXIM Facility Agent through electronic communications shall be followed by the delivery of a hard copy. (d) Each of the Borrower, Ltd. 00000 Xxxxx Xxxx Xxxx. Xxxxx 000 Xxxxxxthe KEXIM Facility Agent and the Common Security Trustee may change its address, Xxxxx 00000 Attention: Xxxx Xxxxxx / Xxxx Xxxxxxx Telephone: (000) 000-0000 Fax: (000) 000-0000 email: xxxxxxx@xxxxxxxxxxx.xxx / xxxxxxxx@xxxxxxxxxxx.xxx with a copy to: X.X. Xxxxxx, Inc. 000 Xxxxxxxx Xxxxxx, Xxxxx 000 Xxxx Xxxxx, Xxxxx 00000 Attention: Xxx Xxxxxxx facsimile or Xxxx Xxxxxxx Telephone: (000) 000-0000 If to U.S. Bank as a Buyer or the Administrative Agent: U.S. Bank National Association 800 Nicollet Mall Mail Station: BC-MN-H03B Xxxxxxxxxxx, XX 00000 Attention: Xxxxx Xxxxxxx Telephone: (000) 000-0000 Fax: (000) 000-0000 email: xxxxx.xxxxxxx@xxxxxx.xxx If telephone number for notices and other communications hereunder by notice to the other Buyersparties hereto. KEXIM may change its address, facsimile or telephone number for notices and other communications hereunder by notice to the Borrower, the KEXIM Facility Agent and the Common Security Trustee. (e) The KEXIM Facility Agent, the Common Security Trustee and KEXIM shall be entitled to rely and act upon any written notices purportedly given by or on behalf of the Borrower even if (i) such notices were not made in a manner specified herein, were incomplete or were not preceded or followed by any other form of notice specified herein, or (ii) the terms thereof, as understood by the recipient, varied from any confirmation thereof. The Borrower shall indemnify the KEXIM Facility Agent, the Common Security Trustee, KEXIM and the Related Parties of each of them for all losses, costs, expenses and liabilities resulting from the reliance by such Person on each notice purportedly given by or on behalf of the Borrower. All telephonic notices to and other telephonic communications with the KEXIM Facility Agent, Common Security Trustee and KEXIM by the Borrower may be recorded by the KEXIM Facility Agent, Common Security Trustee and KEXIM, as applicable, and each of the parties hereto hereby consents to such recording. (f) The KEXIM Facility Agent agrees that the receipt of the communications by the KEXIM Facility Agent at its e-mail addresses set forth in Schedule 10.11 shall constitute effective delivery to the KEXIM Facility Agent for purposes of the Financing Documents. KEXIM agrees to notify the KEXIM Facility Agent in writing (including by electronic communication) from time to time of KEXIM’s e-mail address(es) to which the notices may be sent by electronic transmission and that such notices may be sent to such e-mail address(es). (g) Notwithstanding the above, nothing herein shall prejudice the right of the KEXIM Facility Agent, the Common Security Trustee and KEXIM to give any notice or other communication pursuant to any Financing Document in any other manner specified in such Financing Document. (h) So long as Shinhan Bank New York Branch is the KEXIM Facility Agent, the Borrower hereby agrees that it will provide to the KEXIM Facility Agent all information, documents and other materials that it is obligated to furnish to the KEXIM Facility Agent pursuant to the Financing Documents, including all notices, requests, financial statements, financial and other reports, certificates and other information materials, but excluding any such communication that (i) relates to any KEXIM Direct Facility Loan Borrowing, (ii) relates to the payment of any principal or other amount due under this Agreement prior to the scheduled date therefor, (iii) provides notice of any Default or Event of Default or (iv) is required to be delivered to satisfy any condition precedent to any KEXIM Direct Facility Loan Borrowing (all such non-excluded communications being referred to herein collectively as “Communications”), by transmitting the Communications in an electronic/soft medium in a format acceptable to the KEXIM Facility Agent at the email addresses shown specified in Schedule 10.11. In addition, the Borrower agrees to continue to provide the Communications to the KEXIM Facility Agent in the manner specified in the Financing Documents but only to the extent requested by the KEXIM Facility Agent. (i) So long as Shinhan Bank New York Branch is the KEXIM Facility Agent, the Borrower further agrees that the KEXIM Facility Agent may make the Communications available to KEXIM by posting the Communications on Schedule 23an internet website that may, from time to time, be notified to KEXIM (or any replacement or successor thereto) or a substantially similar electronic transmission system (the “Platform”). The costs and expenses incurred by the KEXIM Facility Agent in creating and maintaining the Platform shall be paid by Borrower in accordance with Section 10.06 (Costs and Expenses). (j) THE PLATFORM IS PROVIDED “AS IS” AND “AS AVAILABLE”. THE KEXIM FACILITY AGENT DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE COMMUNICATIONS, OR THE ADEQUACY OF THE PLATFORM AND EXPRESSLY DISCLAIMS LIABILITY FOR ERRORS OR OMISSIONS IN THE COMMUNICATIONS. NO WARRANTY OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS OR FREEDOM FROM VIRUSES OR OTHER CODE DEFECTS, IS MADE BY THE KEXIM FACILITY AGENT IN CONNECTION WITH THE COMMUNICATIONS OR THE PLATFORM. IN NO EVENT SHALL THE KEXIM FACILITY AGENT OR ANY AFFILIATE THEREOF OR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, ADVISORS OR REPRESENTATIVES (COLLECTIVELY, “AGENT PARTIES”) HAVE ANY LIABILITY TO THE BORROWER, KEXIM OR ANY OTHER PERSON OR ENTITY FOR DAMAGES OF ANY KIND, INCLUDING DIRECT OR INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOSSES OR EXPENSES (WHETHER IN TORT, CONTRACT OR OTHERWISE) ARISING OUT OF THE BORROWER’S OR ANY AGENT PARTY’S TRANSMISSION OF COMMUNICATIONS THROUGH THE INTERNET, EXCEPT TO THE EXTENT THE LIABILITY OF ANY AGENT PARTY IS FOUND IN A FINAL NON-APPEALABLE JUDGMENT BY A COURT OF COMPETENT JURISDICTION TO HAVE RESULTED PRIMARILY FROM SUCH AGENT PARTY’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT.

Notices and Other Communications. All notices, demands, consents, requests and other communications required or permitted to be given or made hereunder (collectively, “Notices”), except as otherwise specifically provided in this Agreement, shall be in writing and shall be either (a) delivered in person, or (b) mailed, by certified, registered or express mail, postage prepaid, addressed to the respective parties hereto at their respective addresses specified below, or (c) sent in a prepaid overnight delivery envelope via a nationally-recognized courier service (such as Federal Express, United Parcel Service or DHL Worldwide Express) that provides weekday next-Business Day delivery service to the addressee’s location, (d) faxed to their respective fax numbers (with a paper copy mailed the same day as aforesaid) as hereinafter set forth or (e) emailed (with a confirming fax for any funding request) and/or posted to an Internet or intranet website and acknowledged as received as hereinafter set forth; provided that any party may change its address for notice by designating such party’s new address in a Notice to the other parties given at least five (5) Business Days before it shall become effective. All Notices shall be conclusively deemed to have been properly given or served when received in person, regardless of how sent. Regardless of when received, all Notices shall be conclusively deemed to have been properly given or served if addressed in accordance with this Section 23 and (1) if mailed, on the second (2nd) Business Day after being deposited in the mails, or (2) if sent by nationally-recognized courier service, on the next Business Day or (3) if faxed before the close of business at the recipient’s location on a Business Day, when faxed or if faxed after the close of business at the recipient’s location or on a day that is not a Business Day, on the next Business Day thereafter to the fax number set forth below (provided that a paper copy is mailed on the same day as aforesaid) or (4) if e-mailed, upon the sender’s receipt of an acknowledgement from the intended recipient (such as by the “return receipt requested” function, as available, return e-mail or other written acknowledgement), provided that if any such faxed or emailed notice or other communication is not sent during the normal business hours of the recipient, such notice or communication shall be deemed to have been sent at the opening of business on the next business day for the recipient, and (5) notices or communications posted to an internet or intranet website shall be deemed received upon the “receipt” by the intended recipient at its e-mail address as described in clause (4) above of notification that such notice or communication is available and identifying the website address therefor: If to the Seller: DHI Mortgage Company, Ltd. 00000 10000 Xxxxx Xxxx Xxxx. Xxxxx 000 Xxxxxxx, Xxxxx X000 Xxxxxx, Xxxxx 00000 Attention: Xxxx Mxxx Xxxxxx / Xxxx Xxxxxxx Telephone: (000) 000-0000 Fax: (000) 000-0000 email: xxxxxxx@xxxxxxxxxxx.xxx / xxxxxxxx@xxxxxxxxxxx.xxx with a copy to: X.X. Xxxxxx, Inc. 000 Xxxxxxxx Xxxxxx, Xxxxx 000 Xxxx Xxxxx, Xxxxx 00000 Attention: Xxx Xxxxxxx or Xxxx Xxxxxxx Telephone: (000) 000-0000 If to U.S. Bank as Administrative Agent or as a Buyer or the Administrative AgentBuyer: U.S. Bank National Association 800 Nicollet Mall Mail Station: BC-MN-H03B XxxxxxxxxxxMxxxxxxxxxx, XX 00000 Attention: Xxxxx Xxxxxxx Telephone: Fax: email: with copies to: If to JPMorgan as the Syndication Agent or as a Buyer: JPMorgan Chase Bank, N.A. 717 Txxxxx, 6xx Xxxxx Xxxxx Xxxxxxx, Xxxxx 00000 (000for messenger deliveries) P.X. Xxx 0000 Xxxxxxx, Xxxxx 00000 (for mail deliveries) Attention: Sxxxxxxxx X. Xxxx, Managing Director Corporate Mortgage Finance Group Telephone: 700-000-0000 Fax: (700-000) -0000, attention: Sxxxxxxxx X. Xxxx email: sxxxxxxxx.x.xxxx@cxxxx.xxx with copies to: Sxxxxx X. Xxxxx Telephone: 700-000-0000 Fax: 700-000-0000 email: xxxxx.xxxxxxx@xxxxxx.xxx sxxxxx.x.xxxxx@jxxxxxxx.xxx If to the other Buyers, at the addresses shown on Schedule 23.

Notices and Other Communications. All notices, demands, consents, requests (a) Except in the case of notices and other communications required or expressly permitted to be given or made hereunder (collectivelyby telephone, “Notices”), except as otherwise specifically all notices and other communications provided in this Agreement, for herein shall be in writing and shall be either (a) delivered in personby hand or overnight courier service, mailed by certified or registered mail or sent by facsimile or sent by email to the address(es), facsimile number or email address specified for the Borrower, the Administrative Agent, the P1 Collateral Agent, or the Senior Lenders, as applicable, on Schedule 12.11. (b) mailedNotices sent by hand or overnight courier service, or mailed by certified, certified or registered or express mail, postage prepaid, addressed to the respective parties hereto at their respective addresses specified below, or (c) sent in a prepaid overnight delivery envelope via a nationally-recognized courier service (such as Federal Express, United Parcel Service or DHL Worldwide Express) that provides weekday next-Business Day delivery service to the addressee’s location, (d) faxed to their respective fax numbers (with a paper copy mailed the same day as aforesaid) as hereinafter set forth or (e) emailed (with a confirming fax for any funding request) and/or posted to an Internet or intranet website and acknowledged as received as hereinafter set forth; provided that any party may change its address for notice by designating such party’s new address in a Notice to the other parties given at least five Business Days before it shall become effective. All Notices shall be conclusively deemed to have been properly given or served when received in person, regardless of how sent. Regardless of when received, all Notices ; and notices sent by facsimile shall be conclusively deemed to have been properly given or served when sent (except that, if addressed in accordance with this Section 23 and (1) if mailednot given during normal business hours for the recipient, on they shall be deemed to have been given at the second Business Day after being deposited in the mails, or (2) if sent by nationally-recognized courier service, opening of business on the next Business Day or (3) if faxed before the close of business at for the recipient’s location on a Business Day). Notices delivered through electronic communications shall be effective as provided in Schedule 12.11. (c) Unless otherwise prescribed, when faxed or if faxed after the close of business at the recipient’s location or on a day that is not a Business Day, on the next Business Day thereafter notices and other communications sent to the fax number set forth below (provided that a paper copy is mailed on the same day as aforesaid) or (4) if e-mailed, an e‑mail address shall be deemed received upon the sender’s receipt of an acknowledgement from the intended recipient (such as by the “return receipt requested” function, as available, return e-mail e‑mail or other written acknowledgement); provided, provided that if any such faxed or emailed notice or other communication is not sent received during the normal business hours of the recipient, such notice or communication shall be deemed to have been sent received at the opening of business on the next business day Business Day for the recipient, and (5) notices or communications posted to an internet or intranet website shall be deemed received upon the “receipt” deemed receipt by the intended recipient at its e-mail e‑mail address as described in clause (4) above Schedule 12.11 of notification that such notice or communication is available and identifying the website address therefor: If . Notwithstanding the above, all notices delivered by the Borrower to the Seller: DHI Mortgage CompanyAdministrative Agent through electronic communications shall be followed by the delivery of a hard copy. (d) Each of the Borrower, Ltd. 00000 Xxxxx Xxxx Xxxxthe Administrative Agent and the P1 Collateral Agent may change its address, facsimile, email address or telephone number for notices and other communications hereunder by notice to the other parties hereto. Xxxxx 000 XxxxxxEach Senior Lender may change its address, Xxxxx 00000 Attention: Xxxx Xxxxxx / Xxxx Xxxxxxx Telephone: facsimile, email address or telephone number for notices and other communications hereunder by notice to the Borrower, the Administrative Agent and the P1 Collateral Agent. (000e) 000-0000 Fax: (000) 000-0000 email: xxxxxxx@xxxxxxxxxxx.xxx / xxxxxxxx@xxxxxxxxxxx.xxx with The Administrative Agent, the P1 Collateral Agent, and the Senior Lenders shall be entitled to rely and act upon any written notices purportedly given by or on behalf of the Borrower even if such notices were not made in a copy to: X.X. Xxxxxxmanner specified herein, Inc. 000 Xxxxxxxx Xxxxxxwere incomplete or were not preceded or followed by any other form of notice specified herein, Xxxxx 000 Xxxx Xxxxxor the terms thereof, Xxxxx 00000 Attention: Xxx Xxxxxxx or Xxxx Xxxxxxx Telephone: (000) 000-0000 If to U.S. Bank as a Buyer or understood by the recipient, varied from any confirmation thereof. The Borrower shall indemnify the Administrative Agent: U.S. Bank National Association 800 Nicollet Mall Mail Station: BC-MN-H03B Xxxxxxxxxxx, XX 00000 Attention: Xxxxx Xxxxxxx Telephone: the P1 Collateral Agent, the Senior Lenders, and the Related Parties of each of them for all losses, costs, expenses and liabilities resulting from the reliance by such Person on each notice purportedly given by or on behalf of the Borrower. All telephonic notices to and other telephonic communications with the Administrative Agent, the P1 Collateral Agent, the Senior Lenders by the Borrower may be recorded by the Administrative Agent the P1 Collateral Agent, the Senior Lenders, as applicable, and each of the parties hereto hereby consents to such recording. (000f) 000-0000 Fax: Notwithstanding the above, nothing herein shall prejudice the right of the Administrative Agent, the P1 Collateral Agent, any of the Senior Lenders to give any notice or other communication pursuant to any Financing Document in any other manner specified in such Financing Document. (000g) 000-0000 email: xxxxx.xxxxxxx@xxxxxx.xxx If the Borrower hereby agrees that it will provide to the Administrative Agent all information, documents and other Buyersmaterials that it is obligated to furnish to the Administrative Agent pursuant to the Financing Documents, including all notices, requests, financial statements, financial and other reports, certificates and other information materials, but excluding any such communication that relates to any Senior Loan Borrowing, relates to the payment of any principal or other amount due under this Agreement prior to the scheduled date therefor, provides notice of any Default or Event of Default, or is required to be delivered to satisfy any condition precedent to any Senior Loan Borrowing (all such non‑excluded communications being referred to herein collectively as “Communications”), by transmitting the Communications in an electronic/soft medium in a format acceptable to the Administrative Agent at the email addresses shown specified in Schedule 12.11. In addition, the Borrower agrees to continue to provide the Communications to the Administrative Agent in the manner specified in the Financing Documents but only to the extent requested by the Administrative Agent. (h) the Borrower further agrees that the Administrative Agent may make the Communications available to the Senior Lenders by posting the Communications on Schedule 23an internet website that may, from time to time, be notified to the Senior Lenders or a substantially similar electronic transmission system (the “Platform”). The costs and expenses incurred by the Administrative Agent in creating and maintaining the Platform shall be paid by Borrower in accordance with Section 12.6. (i) THE PLATFORM IS PROVIDED “AS IS” AND “AS AVAILABLE”. THE ADMINISTRATIVE AGENT DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE COMMUNICATIONS OR THE ADEQUACY OF THE PLATFORM AND EXPRESSLY DISCLAIMS LIABILITY FOR ERRORS OR OMISSIONS IN THE COMMUNICATIONS. NO WARRANTY OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON‑INFRINGEMENT OF THIRD PARTY RIGHTS OR FREEDOM FROM VIRUSES OR OTHER CODE DEFECTS, IS MADE BY THE ADMINISTRATIVE AGENT IN CONNECTION WITH THE COMMUNICATIONS OR THE PLATFORM. IN NO EVENT SHALL THE ADMINISTRATIVE AGENT OR ANY AFFILIATE THEREOF OR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, ADVISORS OR REPRESENTATIVES (COLLECTIVELY, “AGENT PARTIES”) HAVE ANY LIABILITY TO THE BORROWER, ANY SENIOR LENDER, OR ANY OTHER PERSON OR ENTITY FOR DAMAGES OF ANY KIND, INCLUDING DIRECT OR INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOSSES OR EXPENSES (WHETHER IN TORT, CONTRACT OR OTHERWISE) ARISING OUT OF THE BORROWER’S OR ANY AGENT PARTY’S TRANSMISSION OF COMMUNICATIONS THROUGH THE INTERNET, EXCEPT TO THE EXTENT THE LIABILITY OF ANY AGENT PARTY IS FOUND IN A FINAL NON‑APPEALABLE JUDGMENT BY A COURT OF COMPETENT JURISDICTION TO HAVE RESULTED PRIMARILY FROM SUCH AGENT PARTY’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT.

Notices and Other Communications. The provisions of Paragraph 13 of the Agreement are hereby modified and superseded in their respective entireties by the following provisions of this Section 16: All notices, demands, consents, approvals and requests and other communications required or permitted to hereunder shall be given or made hereunder (collectively, “Notices”), except as otherwise specifically provided in this Agreement, shall be in writing and shall be either effective for all purposes if hand delivered or sent by (a) delivered in personhand delivery, or with proof of attempted delivery, (b) mailed, by certified, certified or registered or express United States mail, postage prepaid, addressed to (c) expedited prepaid delivery service, either commercial or United States Postal Service, with proof of attempted delivery, or (d) by telecopier (with answerback acknowledged) provided that such telecopied notice must also be delivered by one of the respective parties hereto at their respective addresses specified belowmeans set forth in (a), (b) or (c) sent above, to the address specified in Annex II hereto or at such other address and person as shall be designated from time to time by any party hereto, as the case may be, in a prepaid overnight delivery envelope via a nationally-recognized courier service (such as Federal Express, United Parcel Service or DHL Worldwide Express) that provides weekday next-Business Day delivery service to the addressee’s location, (d) faxed to their respective fax numbers (with a paper copy mailed the same day as aforesaid) as hereinafter set forth or (e) emailed (with a confirming fax for any funding request) and/or posted to an Internet or intranet website and acknowledged as received as hereinafter set forth; provided that any party may change its address for written notice by designating such party’s new address in a Notice to the other parties given at least five Business Days before it shall become effectivehereto in the manner provided for in this Section. All Notices A copy of all notices, consents, approvals and requests directed to Seller (other than Confirmations) shall be conclusively deemed to have been properly given or served when received in person, regardless of how sent. Regardless of when received, all Notices shall be conclusively deemed to have been properly given or served if addressed in accordance with this Section 23 and (1) if mailed, on the second Business Day after being deposited in the mails, or (2) if sent by nationally-recognized courier service, on the next Business Day or (3) if faxed before the close of business at the recipient’s location on a Business Day, when faxed or if faxed after the close of business at the recipient’s location or on a day that is not a Business Day, on the next Business Day thereafter delivered concurrently to the fax number set forth below (provided that a paper copy is mailed on the same day as aforesaid) or (4) if e-mailedfollowing: Dechert LLP, upon the sender’s receipt of an acknowledgement from the intended recipient (such as by the “return receipt requested” function4000 Xxxx Atlantic Tower, as available0000 Xxxx Xxxxxx, return e-mail or other written acknowledgement)Xxxxxxxxxxxx, provided that if any such faxed or emailed XX 00000, Attention: Xxxxxxx Xxxxx, Esquire, Telefax Number: 215.994.2222. A notice or other communication is not sent during the normal business hours of the recipient, such notice or communication shall be deemed to have been sent at the opening of business on the next business day for the recipient, and (5) notices or communications posted to an internet or intranet website shall be deemed received upon the “receipt” by the intended recipient at its e-mail address as described in clause (4) above of notification that such notice or communication is available and identifying the website address therefor: If to the Seller: DHI Mortgage Company, Ltd. 00000 Xxxxx Xxxx Xxxx. Xxxxx 000 Xxxxxx, Xxxxx 00000 Attention: Xxxx Xxxxxx / Xxxx Xxxxxxx Telephonegiven: (000a) 000-0000 Fax: (000) 000-0000 email: xxxxxxx@xxxxxxxxxxx.xxx / xxxxxxxx@xxxxxxxxxxx.xxx with a copy to: X.X. Xxxxxx, Inc. 000 Xxxxxxxx Xxxxxx, Xxxxx 000 Xxxx Xxxxx, Xxxxx 00000 Attention: Xxx Xxxxxxx or Xxxx Xxxxxxx Telephone: (000) 000-0000 If to U.S. Bank as a Buyer or in the Administrative Agent: U.S. Bank National Association 800 Nicollet Mall Mail Station: BC-MN-H03B Xxxxxxxxxxx, XX 00000 Attention: Xxxxx Xxxxxxx Telephone: (000) 000-0000 Fax: (000) 000-0000 email: xxxxx.xxxxxxx@xxxxxx.xxx If to the other Buyerscase of hand delivery, at the addresses shown time of delivery, (b) in the case of registered or certified mail, when delivered or the first attempted delivery on Schedule 23a Business Day, (c) in the case of expedited prepaid delivery upon the first attempted delivery on a Business Day, or (d) in the case telecopier, upon receipt of answerback confirmation, provided that such telecopied notice was also delivered as required in this Section. A party receiving a notice which does not comply with the technical requirements for notice under this Section may elect to waive any deficiencies and treat the notice as having been properly given.

Notices and Other Communications. All notices, demands, consents, requests (a) Except in the case of notices and other communications required or expressly permitted to be given or made hereunder (collectivelyby telephone, “Notices”), except as otherwise specifically all notices and other communications provided in this Agreement, for herein shall be in writing and shall be either (a) delivered in personby hand or overnight courier service, mailed by certified or registered mail or sent by facsimile or, except with respect to any notice of Default or Event of Default, sent by email to the address(es), facsimile number or email address specified for the Borrower, the Senior LC Facility Administrative Agent, the Common Security Trustee, the Senior Issuing Bank or the Senior LC Lenders, as applicable, on Schedule 11.11. (b) mailedNotices sent by hand or overnight courier service, or mailed by certified, certified or registered or express mail, postage prepaid, addressed to the respective parties hereto at their respective addresses specified below, or (c) sent in a prepaid overnight delivery envelope via a nationally-recognized courier service (such as Federal Express, United Parcel Service or DHL Worldwide Express) that provides weekday next-Business Day delivery service to the addressee’s location, (d) faxed to their respective fax numbers (with a paper copy mailed the same day as aforesaid) as hereinafter set forth or (e) emailed (with a confirming fax for any funding request) and/or posted to an Internet or intranet website and acknowledged as received as hereinafter set forth; provided that any party may change its address for notice by designating such party’s new address in a Notice to the other parties given at least five Business Days before it shall become effective. All Notices shall be conclusively deemed to have been properly given or served when received in person, regardless of how sent. Regardless of when received, all Notices ; and notices sent by facsimile shall be conclusively deemed to have been properly given or served when sent (except that, if addressed in accordance with this Section 23 and (1) if mailednot given during normal business hours for the recipient, on shall be deemed to have been given at the second Business Day after being deposited in the mails, or (2) if sent by nationally-recognized courier service, opening of business on the next Business Day or (3) if faxed before the close of business at for the recipient’s location on a Business Day). Notices delivered through electronic communications shall be effective as provided in Section 11.11(c). (c) Unless otherwise prescribed, when faxed or if faxed after the close of business at the recipient’s location or on a day that is not a Business Day, on the next Business Day thereafter (i) notices and other communications sent to the fax number set forth below (provided that a paper copy is mailed on the same day as aforesaid) or (4) if an e-mailed, mail address shall be deemed received upon the sender’s 's receipt of an acknowledgement from the intended recipient (such as by the “"return receipt requested” " function, as available, return e-mail or other written acknowledgement); provided that, provided that if any such faxed or emailed notice or other communication is not sent received during the normal business hours of the recipient, such notice or communication shall be deemed to have been sent received at the opening of business on the next business day Business Day for the recipient, recipient and (5ii) notices or communications posted to an internet or intranet website shall be deemed received upon the “receipt” deemed receipt by the intended recipient at its e-mail address as described in clause (4) above Schedule 11.11 of notification that such notice or communication is available and identifying the website address therefor: If . Notwithstanding the above, all notices delivered by the Borrower to the Seller: DHI Mortgage CompanySenior LC Facility Administrative Agent through electronic communications shall be followed by the delivery of a hard copy. (d) Each of the Borrower, Ltd. 00000 Xxxxx Xxxx Xxxx. Xxxxx 000 Xxxxxxthe Senior LC Facility Administrative Agent and the Common Security Trustee may change its address, Xxxxx 00000 Attention: Xxxx Xxxxxx / Xxxx Xxxxxxx Telephone: (000) 000-0000 Fax: (000) 000-0000 email: xxxxxxx@xxxxxxxxxxx.xxx / xxxxxxxx@xxxxxxxxxxx.xxx with a copy to: X.X. Xxxxxx, Inc. 000 Xxxxxxxx Xxxxxx, Xxxxx 000 Xxxx Xxxxx, Xxxxx 00000 Attention: Xxx Xxxxxxx facsimile telephone number or Xxxx Xxxxxxx Telephone: (000) 000-0000 If to U.S. Bank as a Buyer or the Administrative Agent: U.S. Bank National Association 800 Nicollet Mall Mail Station: BC-MN-H03B Xxxxxxxxxxx, XX 00000 Attention: Xxxxx Xxxxxxx Telephone: (000) 000-0000 Fax: (000) 000-0000 email: xxxxx.xxxxxxx@xxxxxx.xxx If email address for notices and other communications hereunder by notice to the other Buyersparties hereto. Any Senior LC Lender and the Senior Issuing Bank may change its address, facsimile, telephone number or email address for notices and other communications hereunder by notice to the Borrower, the Senior LC Facility Administrative Agent and the Common Security Trustee. (e) The Senior LC Facility Administrative Agent, the Common Security Trustee, the Senior Issuing Bank and the Senior LC Lenders shall be entitled to rely and act upon any written notices purportedly given by or on behalf of the Borrower even if (i) such notices were not made in a manner specified herein, were incomplete or were not preceded or followed by any other form of notice specified herein or (ii) the terms thereof, as understood by the recipient, varied from any confirmation thereof. The Borrower shall indemnify the Senior LC Facility Administrative Agent, the Common Security Trustee, the Senior Issuing Bank, the Senior LC Lenders and the Related Parties of each of them for all losses, costs, expenses and liabilities resulting from the reliance by such Person on each notice purportedly given by or on behalf of the Borrower. All telephonic notices to and other telephonic communications with the Senior LC Facility Administrative Agent, the Common Security Trustee, the Senior Issuing Bank and the Senior LC Lenders by the Borrower may be recorded by the Senior LC Facility Administrative Agent, the Common Security Trustee, the Senior Issuing Bank and the Senior LC Lenders, as applicable, and each of the parties hereto hereby consents to such recording. (f) The Senior LC Facility Administrative Agent agrees that the receipt of the communications by the Senior LC Facility Administrative Agent at its e-mail addresses set forth in Schedule 11.11 shall constitute effective delivery to the Senior LC Facility Administrative Agent for purposes of the Financing Documents. The Senior Issuing Bank and each Senior LC Lender agrees to notify the Senior LC Facility Administrative Agent in writing (including by electronic communication) from time to time of such Senior LC Lender's e-mail address(es) to which the notices may be sent by electronic transmission and that such notices may be sent to such e-mail address(es). (g) Notwithstanding the above, nothing herein shall prejudice the right of the Senior LC Facility Administrative Agent, the Common Security Trustee, the Senior Issuing Bank and any of the Senior LC Lenders to give any notice or other communication pursuant to any Financing Document in any other manner specified in such Financing Document. (h) So long as The Bank of Nova Scotia is the Senior LC Facility Administrative Agent, the Borrower hereby agrees that it will provide to the Senior LC Facility Administrative Agent all information, documents and other materials that it is obligated to furnish to the Senior LC Facility Administrative Agent pursuant to the Financing Documents, including all notices, requests, financial statements, financial and other reports, certificates and other information materials, but excluding any such communication that (i) relates to any Loan borrowing, (ii) relates to the payment of any principal or other amount due under this Agreement prior to the scheduled date therefor, (iii) provides notice of any Default or Event of Default or (iv) is required to be delivered to satisfy any condition precedent to any Extension of Credit (all such non-excluded communications being referred to herein collectively as "Communications"), by transmitting the Communications in an electronic/soft medium in a format acceptable to the Senior LC Facility Administrative Agent at the email addresses shown specified in Schedule 11.11. In addition, the Borrower agrees to continue to provide the Communications to the Senior LC Facility Administrative Agent in the manner specified in the Financing Documents but only to the extent requested by the Senior LC Facility Administrative Agent. (i) So long as The Bank of Nova Scotia is the Senior LC Facility Administrative Agent, the Borrower further agrees that the Senior LC Facility Administrative Agent may make the Communications available to the Senior LC Lenders by posting the Communications on Schedule 23an internet website that may, from time to time, be notified to the Senior LC Lenders (or any replacement or successor thereto) or a substantially similar electronic transmission system (the "Platform"). The costs and expenses incurred by the Senior LC Facility Administrative Agent in creating and maintaining the Platform shall be paid by Borrower in accordance with Section 11.06 (Costs and Expenses). (j) THE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE". THE SENIOR LC FACILITY ADMINISTRATIVE AGENT DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE COMMUNICATIONS OR THE ADEQUACY OF THE PLATFORM AND EXPRESSLY DISCLAIMS LIABILITY FOR ERRORS OR OMISSIONS IN THE COMMUNICATIONS. NO WARRANTY OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS OR FREEDOM FROM VIRUSES OR OTHER CODE DEFECTS, IS MADE BY THE SENIOR LC FACILITY ADMINISTRATIVE AGENT IN CONNECTION WITH THE COMMUNICATIONS OR THE PLATFORM. IN NO EVENT SHALL THE SENIOR LC FACILITY ADMINISTRATIVE AGENT OR ANY AFFILIATE THEREOF OR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, ADVISORS OR REPRESENTATIVES (COLLECTIVELY, "AGENT PARTIES") HAVE ANY LIABILITY TO THE BORROWER, ANY SENIOR LC LENDER, THE SENIOR ISSUING BANK OR ANY OTHER PERSON OR ENTITY FOR DAMAGES OF ANY KIND, INCLUDING DIRECT OR INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOSSES OR EXPENSES (WHETHER IN TORT, CONTRACT OR OTHERWISE) ARISING OUT OF THE BORROWER'S OR ANY AGENT PARTY'S TRANSMISSION OF COMMUNICATIONS THROUGH THE INTERNET, EXCEPT TO THE EXTENT THE LIABILITY OF ANY AGENT PARTY IS FOUND IN A FINAL NON-APPEALABLE JUDGMENT BY A COURT OF COMPETENT JURISDICTION TO HAVE RESULTED PRIMARILY FROM SUCH AGENT PARTY'S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT.

Notices and Other Communications. All notices, demands, consents, requests (a) Except in the case of notices and other communications required or expressly permitted to be given or made hereunder by telephone (collectively, “Notices”and except as provided in Section 11.12(b)), except as otherwise specifically all notices and other communications provided in this Agreement, for herein shall be in writing and shall be either delivered by hand or overnight courier service, mailed by certified or registered mail or sent by telecopier or electronic mail as follows, and all notices and other communications expressly permitted hereunder to be given by telephone shall be made to the applicable telephone number, as follows: (ai) delivered if to the Borrowers, the Borrowers’ Agent or any Agent, to the address, telecopier number, electronic mail address or telephone number specified for such Person on Schedule 11.12; (ii) if to any Lender, to the address, telecopier number, electronic mail address or telephone number specified in personits administrative questionnaire; and (iii) if to any Interest Rate Protection Provider, to the address, telecopier, number, electronic mail address or telephone number specified on Schedule 11.12. (b) mailedNotices sent by hand or overnight courier service, or mailed by certified, certified or registered or express mail, postage prepaid, addressed to the respective parties hereto at their respective addresses specified below, or (c) sent in a prepaid overnight delivery envelope via a nationally-recognized courier service (such as Federal Express, United Parcel Service or DHL Worldwide Express) that provides weekday next-Business Day delivery service to the addressee’s location, (d) faxed to their respective fax numbers (with a paper copy mailed the same day as aforesaid) as hereinafter set forth or (e) emailed (with a confirming fax for any funding request) and/or posted to an Internet or intranet website and acknowledged as received as hereinafter set forth; provided that any party may change its address for notice by designating such party’s new address in a Notice to the other parties given at least five Business Days before it shall become effective. All Notices shall be conclusively deemed to have been properly given or served when received in person, regardless of how sent. Regardless of when received, all Notices ; notices sent by telecopier shall be conclusively deemed to have been properly given or served when sent (except that, if addressed in accordance with this Section 23 and (1) if mailednot given during normal business hours for the recipient, on shall be deemed to have been given at the second Business Day after being deposited in the mails, or (2) if sent by nationally-recognized courier service, opening of business on the next Business Day for the recipient). Notices delivered through electronic communications to the extent provided in Section 11.12(d) shall be effective as provided in Section 11.12(d). Any notice sent to the Borrowers’ Agent shall be deemed to have been given to all Borrowers. (c) Notices and other communications to the Lenders or any Agent hereunder may be delivered or furnished by electronic communication (3including e-mail and internet or intranet websites) pursuant to procedures approved by the Administrative Agent; provided that the foregoing shall not apply to notices to any Lender pursuant to Article II (Commitments and Borrowing) if faxed before such Lender has notified the close Administrative Agent that it is incapable of business at receiving notices under such Article II (Commitments and Borrowing) by electronic communication. Each of the recipient’s location on a Business DayAdministrative Agent or the Borrowers may, when faxed or if faxed after the close of business at the recipient’s location or on a day that is not a Business Dayin its discretion, on the next Business Day thereafter agree to the fax number set forth below (accept notices and other communications to it hereunder by electronic communications pursuant to procedures approved by it; provided that a paper copy is mailed on approval of such procedures may be limited to particular notices or communications. (d) Unless the same day as aforesaidAdministrative Agent otherwise prescribes, (i) or (4) if notices and other communications sent to an e-mailed, mail address shall be deemed received upon the sender’s receipt of an acknowledgement from the intended recipient (such as by the “return receipt requested” function, as available, return e-mail or other written acknowledgement), ; provided that if any such faxed or emailed notice or other communication is not sent received during the normal business hours of the recipient, such notice or communication shall be deemed to have been sent received at the opening of business on the next business day Business Day for the recipient, and (5ii) notices or communications posted to an internet or intranet website shall be deemed received upon the “receipt” deemed receipt by the intended recipient at its e-mail address as described in clause (4Section 11.12(d)(i) above of notification that such notice or communication is available and identifying the website address therefor: If . (e) Each of the Borrowers, the Borrowers’ Agent and the Agents may change its address, telecopier or telephone number for notices and other communications hereunder by notice to the Seller: DHI Mortgage Companyother parties hereto. Each Lender may change its address, Ltd. 00000 Xxxxx Xxxx Xxxxtelecopier or telephone number for notices and other communications hereunder by notice to the Borrowers, the Borrowers’ Agent and each Agent. (f) The Agents and the Lenders shall be entitled to rely and act upon any written notices purportedly given by or on behalf of the Borrowers or the Borrowers’ Agent even if (i) such notices were not made in a manner specified herein, were incomplete or were not preceded or followed by any other form of notice specified herein, or (ii) the terms thereof, as understood by the recipient, varied from any confirmation thereof. Xxxxx 000 XxxxxxThe Borrowers shall indemnify each Agent, Xxxxx 00000 Attention: Xxxx Xxxxxx / Xxxx Xxxxxxx Telephone: each Lender and the Related Parties of each of them from all losses, costs, expenses and liabilities resulting from the reliance by such Person on each notice purportedly given by or on behalf of the Borrowers or the Borrowers’ Agent (000or any one of the Borrowers). All telephonic notices to and other telephonic communications with any Agent may be recorded by such Agent, and each of the parties hereto hereby consents to such recording. (g) 000-0000 Fax: (000) 000-0000 email: xxxxxxx@xxxxxxxxxxx.xxx / xxxxxxxx@xxxxxxxxxxx.xxx with a copy to: X.X. Xxxxxx, Inc. 000 Xxxxxxxx Xxxxxx, Xxxxx 000 Xxxx Xxxxx, Xxxxx 00000 Attention: Xxx Xxxxxxx or Xxxx Xxxxxxx Telephone: (000) 000-0000 If to U.S. Bank So long as a Buyer or WestLB is the Administrative Agent: U.S. Bank National Association 800 Nicollet Mall Mail Station: BC-MN-H03B Xxxxxxxxxxx, XX 00000 Attention: Xxxxx Xxxxxxx Telephone: (000) 000-0000 Fax: (000) 000-0000 email: xxxxx.xxxxxxx@xxxxxx.xxx If each Borrower and the Borrowers’ Agent hereby agrees that it will provide to the Administrative Agent all information, documents and other Buyersmaterials that it is obligated to furnish to the Administrative Agent pursuant to the Financing Agreements, including all notices, requests, financial statements, financial and other reports, certificates and other information materials, but excluding any such communication that (i) relates to the Borrowing, (ii) relates to the payment of any principal or other amount due under this Agreement prior to the scheduled date therefor, (iii) provides notice of any Default or Event of Default or (iv) is required to be delivered to satisfy any condition precedent to the Closing Date (all such non-excluded communications being referred to herein collectively as “Communications”), by transmitting the Communications in an electronic/soft medium in a format acceptable to the Administrative Agent to xxxxxx_xxxxxx@xxxxxx.xxx and xxxxxx_xxxxxx@xxxxxx.xxx. In addition, each Borrower and the Borrowers’ Agent agrees to continue to provide the Communications to the Administrative Agent in the manner specified in the Financing Agreements but only to the extent requested by the Administrative Agent. (h) So long as WestLB is the Administrative Agent, each Borrower and the Borrowers’ Agent further agrees that the Administrative Agent may make the Communications available to the Lenders by posting the Communications on http: xxx.xxxxxxxxxx.xxx (or any replacement or successor thereto) or a substantially similar electronic transmission systems (the “Platform”). (i) THE PLATFORM IS PROVIDED “AS IS” AND “AS AVAILABLE”. THE AGENTS DO NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE COMMUNICATIONS, OR THE ADEQUACY OF THE PLATFORM AND EXPRESSLY DISCLAIM LIABILITY FOR ERRORS OR OMISSIONS IN THE COMMUNICATIONS. NO WARRANTY OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS OR FREEDOM FROM VIRUSES OR OTHER CODE DEFECTS, IS MADE BY THE AGENTS IN CONNECTION WITH THE COMMUNICATIONS OR THE PLATFORM. IN NO EVENT SHALL THE ADMINISTRATIVE AGENT OR ANY OF ITS AFFILIATES OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, ADVISORS OR REPRESENTATIVES (COLLECTIVELY, “AGENT PARTIES”) HAVE ANY LIABILITY TO ANY BORROWER, THE BORROWERS’ AGENT, ANY LENDER OR ANY OTHER PERSON OR ENTITY FOR DAMAGES OF ANY KIND, INCLUDING DIRECT OR INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOSSES OR EXPENSES (WHETHER IN TORT, CONTRACT OR OTHERWISE) ARISING OUT OF THE BORROWER’S, THE BORROWERS’ AGENTS’ OR THE ADMINISTRATIVE AGENT’S TRANSMISSION OF COMMUNICATIONS THROUGH THE INTERNET, EXCEPT TO THE EXTENT THE LIABILITY OF ANY AGENT PARTY IS FOUND IN A FINAL NON-APPEALABLE JUDGMENT BY A COURT OF COMPETENT JURISDICTION TO HAVE RESULTED PRIMARILY FROM SUCH AGENT PARTY’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. (j) The Administrative Agent agrees that the receipt of the Communications by the Administrative Agent at its e-mail address set forth in Schedule 11.12 shall constitute effective delivery of the addresses shown on Schedule 23Communications to the Administrative Agent for purposes of the Financing Agreements. Each Lender agrees that notice to it (as provided in the next sentence) specifying that the Communications have been posted to the Platform shall constitute effective delivery of the Communications to such Lender for purposes of the Financing Agreements. Each Lender agrees to notify the Administrative Agent in writing (including by electronic communication) from time to time of such Lender’s e-mail address to which the foregoing notice may be sent by electronic transmission and that the foregoing notice may be sent to such e-mail address. (k) Notwithstanding clauses (g) to (j) above, nothing herein shall prejudice the right of any Agent or any Lender to give any notice or other communication pursuant to any Financing Document in any other manner specified in such Financing Document.

Notices and Other Communications. All notices, demands, consents, requests (a) Except in the case of notices and other communications required or expressly permitted to be given or made hereunder by telephone (collectively, “Notices”and except as provided in Section 11.12(b)), except as otherwise specifically all notices and other communications provided in this Agreement, for herein shall be in writing and shall be either delivered by hand or overnight courier service, mailed by certified or registered mail or sent by telecopier or electronic mail as follows, and all notices and other communications expressly permitted hereunder to be given by telephone shall be made to the applicable telephone number, as follows: (ai) delivered if to a Borrower, the Borrower Agent or any Agent, to the address, telecopier number, electronic mail address or telephone number specified for such Person on Schedule 11.12; and (ii) if to any Lender, to the address, telecopier number, electronic mail address or telephone number specified in person, or its administrative questionnaire. (b) mailed, by certified, registered or express mail, postage prepaid, addressed to the respective parties hereto at their respective addresses specified below, or (c) sent in a prepaid overnight delivery envelope via a nationally-recognized courier service (such as Federal Express, United Parcel Service or DHL Worldwide Express) that provides weekday next-Business Day delivery service to the addressee’s location, (d) faxed to their respective fax numbers (with a paper copy mailed the same day as aforesaid) as hereinafter set forth or (e) emailed (with a confirming fax for any funding request) and/or posted to an Internet or intranet website and acknowledged as received as hereinafter set forth; provided that any party may change its address for notice by designating such party’s new address in a Notice to the other parties given at least five Business Days before it shall become effective. All Notices shall be conclusively deemed to have been properly given or served when received in person, regardless of how sent. Regardless of when received, all Notices shall be conclusively deemed to have been properly given or served if addressed in accordance with this Section 23 and (1) if mailed, on the second Business Day after being deposited in the mails, or (2) if sent by nationally-recognized hand or overnight courier service, on the next Business Day or (3) if faxed before the close of business at the recipient’s location on a Business Daymailed by certified or registered mail, when faxed or if faxed after the close of business at the recipient’s location or on a day that is not a Business Day, on the next Business Day thereafter to the fax number set forth below (provided that a paper copy is mailed on the same day as aforesaid) or (4) if e-mailed, upon the sender’s receipt of an acknowledgement from the intended recipient (such as by the “return receipt requested” function, as available, return e-mail or other written acknowledgement), provided that if any such faxed or emailed notice or other communication is not sent during the normal business hours of the recipient, such notice or communication shall be deemed to have been given when received; notices sent by telecopier shall be deemed to have been given when sent (except that, if not given during normal business hours for the recipient, shall be deemed to have been given at the opening of business on the next business day Business Day for the recipient, ). Notices delivered through electronic communications to the extent provided in Section 11.12(d) shall be effective as provided in Section 11.12(d). Any notice sent to the Borrower Agent shall be deemed to have been given to each Borrower. (c) Notices and other communications to the Senior Secured Parties hereunder may be delivered or furnished by electronic communication (5) notices or communications posted to an including e mail and internet or intranet website shall be deemed received upon the “receipt” websites) pursuant to procedures approved by the intended recipient at its e-mail address as described in clause (4) above of notification that such notice or communication is available and identifying the website address therefor: If to the Seller: DHI Mortgage Company, Ltd. 00000 Xxxxx Xxxx Xxxx. Xxxxx 000 Xxxxxx, Xxxxx 00000 Attention: Xxxx Xxxxxx / Xxxx Xxxxxxx Telephone: (000) 000-0000 Fax: (000) 000-0000 email: xxxxxxx@xxxxxxxxxxx.xxx / xxxxxxxx@xxxxxxxxxxx.xxx with a copy to: X.X. Xxxxxx, Inc. 000 Xxxxxxxx Xxxxxx, Xxxxx 000 Xxxx Xxxxx, Xxxxx 00000 Attention: Xxx Xxxxxxx or Xxxx Xxxxxxx Telephone: (000) 000-0000 If to U.S. Bank as a Buyer or the Administrative Agent: U.S. Bank National Association 800 Nicollet Mall Mail Station: BC-MN-H03B Xxxxxxxxxxx, XX 00000 Attention: Xxxxx Xxxxxxx Telephone: ; provided that the foregoing shall not apply to notices to any Lender pursuant to Article II (000Commitments and Funding) 000-0000 Fax: if such Lender has notified the Administrative Agent that it is incapable of receiving notices under such Article II (000) 000-0000 email: xxxxx.xxxxxxx@xxxxxx.xxx If to the other Buyers, at the addresses shown on Schedule 23.

Notices and Other Communications. All notices, demands, consents, requests (a) Except in the case of notices and other communications required or expressly permitted to be given or made hereunder by telephone (collectively, “Notices”and except as provided in Section 10.11(b)), except as otherwise specifically all notices and other communications provided in this Agreement, for herein shall be in writing and shall be either delivered by hand or overnight courier service, mailed by certified or registered mail or sent by telecopier or electronic mail as follows, and all notices and other communications expressly permitted hereunder to be given by telephone shall be made to the applicable telephone number, as follows: (ai) delivered if to the Borrower or any Agent, to the address, telecopier number, electronic mail address or telephone number specified for such Person on Schedule 10.11(a); and (ii) if to any Lender, to the address, telecopier number, electronic mail address or telephone number specified in person, or its administrative questionnaire. (b) mailedNotices sent by hand or overnight courier service, or mailed by certified, certified or registered or express mail, postage prepaid, addressed to the respective parties hereto at their respective addresses specified below, or (c) sent in a prepaid overnight delivery envelope via a nationally-recognized courier service (such as Federal Express, United Parcel Service or DHL Worldwide Express) that provides weekday next-Business Day delivery service to the addressee’s location, (d) faxed to their respective fax numbers (with a paper copy mailed the same day as aforesaid) as hereinafter set forth or (e) emailed (with a confirming fax for any funding request) and/or posted to an Internet or intranet website and acknowledged as received as hereinafter set forth; provided that any party may change its address for notice by designating such party’s new address in a Notice to the other parties given at least five Business Days before it shall become effective. All Notices shall be conclusively deemed to have been properly given or served when received in person, regardless of how sent. Regardless of when received, all Notices ; notices sent by telecopier shall be conclusively deemed to have been properly given or served when sent (except that, if addressed in accordance with this Section 23 and (1) if mailednot given during normal business hours for the recipient, on shall be deemed to have been given at the second Business Day after being deposited in the mails, or (2) if sent by nationally-recognized courier service, opening of business on the next Business Day for the recipient). Notices delivered through electronic communications to the extent provided in Section 10.11(d) shall be effective as provided in Section 10.11(d). (c) Notices and other communications to the Lenders or any Agent hereunder may be delivered or furnished by electronic communication (3including e mail and internet or intranet websites) pursuant to procedures approved by the Administrative Agent, and in the case of notices to the Collateral Agent, by the Collateral Agent as well; provided that the foregoing shall not apply to notices to any Lender pursuant to Article II (Commitments and Funding) if faxed before such Lender has so notified the close Administrative Agent. Each of business at the recipient’s location on a Business DayAdministrative Agent or the Borrower may, when faxed or if faxed after the close of business at the recipient’s location or on a day that is not a Business Dayin its discretion, on the next Business Day thereafter agree to the fax number set forth below (accept notices and other communications to it hereunder by electronic communications pursuant to procedures approved by it; provided that a paper copy is mailed on approval of such procedures may be limited to particular notices or communications. (d) Unless the same day as aforesaidAdministrative Agent otherwise prescribes, (i) or (4) if notices and other communications sent to an e-mailed, mail address shall be deemed received upon the sender’s receipt of an acknowledgement from the intended recipient (such as by the “return receipt requested” function, as available, return e-mail or other written acknowledgement), ; provided that if any such faxed or emailed notice or other communication is not sent received during the normal business hours of the recipient, such notice or communication shall be deemed to have been sent received at the opening of business on the next business day Business Day for the recipient, and (5ii) notices or communications posted to an internet or intranet website shall be deemed received upon the “receipt” deemed receipt by the intended recipient at its e-mail address as described in clause (4Section 10.11(d)(i) above of notification that such notice or communication is available and identifying the website address therefor: If . (e) Each of the Borrower and the Agents may change its address, telecopier or telephone number for notices and other communications hereunder by notice to the Seller: DHI Mortgage Companyother parties hereto. Each Lender may change its address, Ltd. 00000 Xxxxx Xxxx Xxxxtelecopier or telephone number for notices and other communications hereunder by notice to the Borrower and each Agent. (f) The Agents and the Lenders shall be entitled to rely and act upon any written notices purportedly given by or on behalf of the Borrower even if (i) such notices were not made in a manner specified herein, were incomplete or were not preceded or followed by any other form of notice specified herein, or (ii) the terms thereof, as understood by the recipient, varied from any confirmation thereof. Xxxxx 000 XxxxxxThe Borrower shall indemnify each Lender and the Related Parties of each of them from all losses, Xxxxx 00000 Attention: Xxxx Xxxxxx / Xxxx Xxxxxxx Telephone: costs, expenses and liabilities resulting from the reliance by such Person on each notice purportedly given by or on behalf of the Borrower. All telephonic notices to and other telephonic communications with any Agent may be recorded by such Agent, and each of the parties hereto hereby consents to such recording. (000g) 000-0000 Fax: (000) 000-0000 email: xxxxxxx@xxxxxxxxxxx.xxx / xxxxxxxx@xxxxxxxxxxx.xxx with a copy to: X.X. Xxxxxx, Inc. 000 Xxxxxxxx Xxxxxx, Xxxxx 000 Xxxx Xxxxx, Xxxxx 00000 Attention: Xxx Xxxxxxx or Xxxx Xxxxxxx Telephone: (000) 000-0000 If to U.S. Bank So long as a Buyer or WestLB is the Administrative Agent: U.S. Bank National Association 800 Nicollet Mall Mail Station: BC-MN-H03B Xxxxxxxxxxx, XX 00000 Attention: Xxxxx Xxxxxxx Telephone: (000) 000-0000 Fax: (000) 000-0000 email: xxxxx.xxxxxxx@xxxxxx.xxx If the Borrower hereby agrees that it will provide to the Administrative Agent all information, documents and other Buyersmaterials that it is obligated to furnish to the Administrative Agent pursuant to the Financing Documents, including all notices, requests, financial statements, financial and other reports, certificates and other information materials, but excluding any such communication that (i) relates to Funding, (ii) relates to the payment of any principal or other amount due under this Agreement prior to the scheduled date therefor, (iii) provides notice of any Default or Event of Default or (iv) is required to be delivered to satisfy any condition precedent to Funding (all such non-excluded communications being referred to herein collectively as “Communications”), by transmitting the Communications in an electronic/soft medium in a format acceptable to the Administrative Agent to xxx_xxxxxx_xxxxxxxx@xxxxxx.xxx. In addition, the Borrower agrees to continue to provide the Communications to the Administrative Agent in the manner specified in the Financing Documents but only to the extent requested by the Administrative Agent. (h) So long as WestLB is the Administrative Agent, the Borrower further agrees that the Administrative Agent may make the Communications available to the Lenders by posting the Communications on xxxx://xxx.xxxxxxxxxx.xxx (or any replacement or successor thereto) or a substantially similar electronic transmission systems (the “Platform”). (i) THE PLATFORM IS PROVIDED “AS IS” AND “AS AVAILABLE”. THE AGENTS DO NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE COMMUNICATIONS, OR THE ADEQUACY OF THE PLATFORM AND EXPRESSLY DISCLAIM LIABILITY FOR ERRORS OR OMISSIONS IN THE COMMUNICATIONS. NO WARRANTY OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS OR FREEDOM FROM VIRUSES OR OTHER CODE DEFECTS, IS MADE BY THE AGENTS IN CONNECTION WITH THE COMMUNICATIONS OR THE PLATFORM. IN NO EVENT SHALL THE ADMINISTRATIVE AGENT OR ANY OF ITS AFFILIATES OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, ADVISORS OR REPRESENTATIVES (COLLECTIVELY, “AGENT PARTIES”) HAVE ANY LIABILITY TO THE BORROWER, ANY LENDER OR ANY OTHER PERSON OR ENTITY FOR DAMAGES OF ANY KIND, INCLUDING DIRECT OR INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOSSES OR EXPENSES (WHETHER IN TORT, CONTRACT OR OTHERWISE) ARISING OUT OF THE BORROWER’S OR THE ADMINISTRATIVE AGENT’S TRANSMISSION OF COMMUNICATIONS THROUGH THE INTERNET, EXCEPT TO THE EXTENT THE LIABILITY OF ANY AGENT PARTY IS FOUND IN A FINAL NON-APPEALABLE JUDGMENT BY A COURT OF COMPETENT JURISDICTION TO HAVE RESULTED PRIMARILY FROM SUCH AGENT PARTY’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. (j) The Administrative Agent agrees that the receipt of the Communications by the Administrative Agent at its e-mail address set forth in Schedule 10.11(a) shall constitute effective delivery of the addresses shown on Schedule 23Communications to the Administrative Agent for purposes of the Financing Documents. Each Lender agrees that notice to it (as provided in the next sentence) specifying that the Communications have been posted to the Platform shall constitute effective delivery of the Communications to such Lender for purposes of the Financing Documents. Each Lender agrees to notify the Administrative Agent in writing (including by electronic communication) from time to time of such Lender’s e-mail address to which the foregoing notice may be sent by electronic transmission and that the foregoing notice may be sent to such e-mail address. (k) Notwithstanding clauses (g) to (j) above, nothing herein shall prejudice the right of any Agent or Lender to give any notice or other communication pursuant to any Financing Document in any other manner specified in such Financing Document.

Notices and Other Communications. All notices, demands, consents, requests and other communications required or permitted to be given or made hereunder (collectively, “Notices”), except as otherwise specifically provided in this Agreement, shall be in writing and shall be either (a) delivered in person, or (b) mailed, by certified, registered or express mail, postage prepaid, addressed to the respective parties hereto at their respective addresses specified below, or (c) sent in a prepaid overnight delivery envelope via a nationally-recognized courier service (such as Federal Express, United Parcel Service or DHL Worldwide Express) that provides weekday next-Business Day delivery service to the addressee’s location, (d) faxed to their respective fax numbers (with a paper copy mailed the same day as aforesaid) as hereinafter set forth or (e) emailed (with a confirming fax for any funding request) and/or posted to an Internet internet or intranet website and acknowledged as received as hereinafter set forth; provided that any party may change its address for notice by designating such party’s new address in a Notice to the other parties given at least five (5) Business Days before it shall become effective. All Notices shall be conclusively deemed to have been properly given or served when received in person, regardless of how sent. Regardless of when received, all Notices shall be conclusively deemed to have been properly given or served if addressed in accordance with this Section 23 and (1) if mailed, on the second (2nd) Business Day after being deposited in the mails, or (2) if sent by nationally-recognized courier service, on the next Business Day or (3) if faxed before the close of business at the recipient’s location on a Business Day, when faxed or if faxed after the close of business at the recipient’s location or on a day that is not a Business Day, on the next Business Day thereafter to the fax number set forth below (provided that a paper copy is mailed on the same day as aforesaid) or (4) if e-mailed, upon the sender’s receipt of an acknowledgement from the intended recipient (such as by the “return receipt requested” function, as available, return e-mail or other written acknowledgement), provided that if any such faxed or emailed notice or other communication is not sent during the normal business hours of the recipient, such notice or communication shall be deemed to have been sent at the opening of business on the next business day for the recipient, and (5) notices or communications posted to an internet or intranet website shall be deemed received upon the “receipt” by the intended recipient at its e-mail address as described in clause (4) above of notification that such notice or communication is available and identifying the website address therefor: If to the Seller: DHI HomeAmerican Mortgage CompanyCorporation 0000 X. Xxxxxx Xxxxxx Xxxxxx, Ltd. XX 00000 Attention: Senior Vice President, Finance Telephone: (000) 000-0000 Email: Xxxxxxx.XxXxxxx@xxxx.xxx with a copy to: M.D.C. Holdings, Inc. 0000 Xxxxx Xxxx Xxxx. Xxxxx 000 Xxxxxx Xxxxxx, Xxxxx 00000 000 Denver, CO 80237 Attention: Xxxx VP, Corporate Counsel Telephone: (000) 000-0000 Email: Xxx.Xxxxxxxx@xxxx.xxx and M.D.C. Holdings, Inc. 0000 Xxxxx Xxxxxx / Xxxx Xxxxxxx Xxxxxx, Xxxxx 000 Denver, CO 80237 Attention: Treasurer Telephone: (000) 000-0000 Email: Xxxxx.Xxxxxx@xxxx.xxx If to U.S. Bank as Agent or as a Buyer: U.S. Bank National Association 00000 X. 00xx Xxx., Xxxxx 000, Mail Code: DN-CO-OCMB USBHM Warehouse Lending Denver, CO 80238 Attn: Xxxxxx Xxxxx Telephone: (000) 000-0000 Fax: (000) 000-0000 email: xxxxxxx@xxxxxxxxxxx.xxx / xxxxxxxx@xxxxxxxxxxx.xxx xxxxxxx.xxxxx@xxxxxx.xxx with a copy to: X.X. Xxxxxx, Inc. 000 Xxxxxxxx Xxxxxx, Xxxxx 000 Xxxx Xxxxx, Xxxxx 00000 Attention: Xxx Xxxxxxx or Xxxx Xxxxxxx Telephone: (000) 000-0000 If to U.S. Bank as a Buyer or the Administrative Agent: U.S. Bank National Association 800 Nicollet Mall Mortgage Banking Services 0000 Xxxxxxxxx Xxxx, 0xx XX Mail Station: BCEP-MN-H03B XxxxxxxxxxxX3WL Hopkins, XX 00000 MN 55343 Attention: Xxxxxx Xxxxx Xxxxxxx Telephone: (000) 000-0000 Fax: (000) 000-0000 email: xxxxx.xxxxxxx@xxxxxx.xxx xxxxxx.xxxxx0@xxxxxx.xxx If to the other Buyers, at the addresses shown on Schedule 23.

Notices and Other Communications. All notices, demands, consents, requests and other communications required (a) Any communication between the Parties or permitted notices provided herein to be given or made hereunder (collectively, “Notices”), except may be given as otherwise specifically provided in this Section 23.9 (Notices) of the Common Terms Agreement, which shall apply mutatis mutandis to this Section 11.10 (Notices and Other Communications) as if fully set forth herein except that references to the Intercreditor Agent shall be in writing deemed references to the Working Capital Facility Agent as the context requires, and with respect to clause (a)(i) and (ii) thereof, the address and notice information of the Loan Parties, each Working Capital Lender, each Issuing Bank, the Swing Line Lender and the Working Capital Facility Agent shall be either as set forth in Schedule 11.10 (aAddresses for Notices) delivered hereto. (b) The Working Capital Facility Agent, the Security Trustee, the Issuing Banks, the Swing Line Lender and the Working Capital Lenders shall be entitled to rely and act upon any written notices purportedly given by or on behalf of the Borrower even if (i) such notices were not made in persona manner specified herein, were incomplete or were not preceded or followed by any other form of notice specified herein, or (bii) mailedthe terms thereof, as understood by certifiedthe recipient, registered or express mailvaried from any confirmation thereof. All telephonic notices to and other telephonic communications with the Working Capital Facility Agent, postage prepaidthe Security Trustee, addressed to the respective Issuing Banks, the Swing Line Lender and the Working Capital Lenders by the Borrower may be recorded by the Working Capital Facility Agent, the Security Trustee, the Issuing Banks, the Swing Line Lender and the Working Capital Lenders, as applicable, and each of the parties hereto at their respective addresses specified below, or hereby consents to such recording. (c) sent in a prepaid overnight delivery envelope via a nationally-recognized courier service (such as Federal ExpressNotwithstanding the above, United Parcel Service or DHL Worldwide Express) that provides weekday next-Business Day delivery service nothing herein shall prejudice the right of the Working Capital Facility Agent, the Security Trustee, any of the Issuing Banks, the Swing Line Lender and any of the Working Capital Lenders to the addressee’s location, (d) faxed to their respective fax numbers (with a paper copy mailed the same day as aforesaid) as hereinafter set forth or (e) emailed (with a confirming fax for give any funding request) and/or posted to an Internet or intranet website and acknowledged as received as hereinafter set forth; provided that any party may change its address for notice by designating such party’s new address in a Notice to the other parties given at least five Business Days before it shall become effective. All Notices shall be conclusively deemed to have been properly given or served when received in person, regardless of how sent. Regardless of when received, all Notices shall be conclusively deemed to have been properly given or served if addressed in accordance with this Section 23 and (1) if mailed, on the second Business Day after being deposited in the mails, or (2) if sent by nationally-recognized courier service, on the next Business Day or (3) if faxed before the close of business at the recipient’s location on a Business Day, when faxed or if faxed after the close of business at the recipient’s location or on a day that is not a Business Day, on the next Business Day thereafter to the fax number set forth below (provided that a paper copy is mailed on the same day as aforesaid) or (4) if e-mailed, upon the sender’s receipt of an acknowledgement from the intended recipient (such as by the “return receipt requested” function, as available, return e-mail or other written acknowledgement), provided that if any such faxed or emailed notice or other communication pursuant to any Finance Document in any other manner specified in such Finance Document. (d) Notwithstanding anything to the contrary in any other Finance Document, for so long as The Bank of Nova Scotia is not sent during the normal business hours Working Capital Facility Agent, the Borrower hereby agrees that it will provide to the Working Capital Facility Agent all information, documents and other materials that it is obligated to furnish to the Working Capital Facility Agent pursuant to the Finance Documents, including all notices, requests, financial statements, financial and other reports, certificates and other information materials, but excluding any such communication that (i) relates to any Working Capital Borrowing, (ii) relates to the payment of any principal or other amount due under this Agreement prior to the recipientscheduled date therefor, (iii) provides notice of any Working Capital Facility Event of Default or Unmatured Working Capital Facility Event of Default or (iv) is required to be delivered to satisfy any condition precedent to any Working Capital Borrowing (all such notice or communication shall be deemed non-excluded communications being referred to have been sent herein collectively as “Communications”), in an electronic/soft medium in a format acceptable to the Working Capital Facility Agent at the opening of business on email addresses specified in Schedule 11.10 (Addresses for Notices) hereto. In addition, the next business day for Borrower agrees to continue to provide the recipient, and (5) notices or communications posted Communications to an internet or intranet website shall be deemed received upon the “receipt” Working Capital Facility Agent in the manner specified in the Finance Documents but only to the extent requested by the intended recipient at its e-mail address as described in clause (4) above of notification that such notice or communication is available and identifying the website address therefor: If to the Seller: DHI Mortgage Company, Ltd. 00000 Xxxxx Xxxx Xxxx. Xxxxx 000 Xxxxxx, Xxxxx 00000 Attention: Xxxx Xxxxxx / Xxxx Xxxxxxx Telephone: (000) 000-0000 Fax: (000) 000-0000 email: xxxxxxx@xxxxxxxxxxx.xxx / xxxxxxxx@xxxxxxxxxxx.xxx with a copy to: X.X. Xxxxxx, Inc. 000 Xxxxxxxx Xxxxxx, Xxxxx 000 Xxxx Xxxxx, Xxxxx 00000 Attention: Xxx Xxxxxxx or Xxxx Xxxxxxx Telephone: (000) 000-0000 If to U.S. Bank as a Buyer or the Administrative Working Capital Facility Agent: U.S. Bank National Association 800 Nicollet Mall Mail Station: BC-MN-H03B Xxxxxxxxxxx, XX 00000 Attention: Xxxxx Xxxxxxx Telephone: (000) 000-0000 Fax: (000) 000-0000 email: xxxxx.xxxxxxx@xxxxxx.xxx If to the other Buyers, at the addresses shown on Schedule 23.

Notices and Other Communications. All notices, demands, consents, requests and other communications required or permitted to be given or made hereunder (collectively, “Notices”), except as otherwise specifically provided in this Agreement, shall be in writing and shall be either (a) delivered in person, or (b) mailed, by certified, registered or express mail, postage prepaid, addressed to the respective parties hereto at their respective addresses specified below, or (c) sent in a prepaid overnight delivery envelope via a nationally-recognized courier service (such as Federal Express, United Parcel Service or DHL Worldwide Express) that provides weekday next-Business Day delivery service to the addressee’s location, (d) faxed to their respective fax numbers (with a paper copy mailed the same day as aforesaid) as hereinafter set forth or (e) emailed (with a confirming fax for any funding request) and/or posted to an Internet or intranet website and acknowledged as received as hereinafter set forth; provided that any party may change its address for notice by designating such party’s new address in a Notice to the other parties given at least five Business Days before it shall become effective. All Notices shall be conclusively deemed to have been properly given or served when received in person, regardless of how sent. Regardless of when received, all Notices shall be conclusively deemed to have been properly given or served if addressed in accordance with this Section 23 and (1) if mailed, on the second Business Day after being deposited in the mails, or (2) if sent by nationally-recognized courier service, on the next Business Day or (3) if faxed before the close of business at the recipient’s location on a Business Day, when faxed or if faxed after the close of business at the recipient’s location or on a day that is not a Business Day, on the next Business Day thereafter to the fax number set forth below (provided that a paper copy is mailed on the same day as aforesaid) or (4) if e-mailed, upon the sender’s receipt of an acknowledgement from the intended recipient (such as by the “return receipt requested” function, as available, return e-mail or other written acknowledgement), provided that if any such faxed or emailed Every notice or other communication is not sent during required or contemplated by this Agreement by either party shall be delivered either by (i) personal delivery, (ii) postage prepaid return receipt requested registered or certified mail or the normal business hours equivalent of registered or certified mail under the laws of the recipientcountry where mailed, (iii) nationally recognized overnight courier, such as Federal Express or UPS, or (iv) facsimile with a confirmation copy sent simultaneously by postage prepaid, return receipt requested, registered or certified mail, in each case addressed to the Company or each Purchaser as the case may be at the following address: To the Company: Hollywood Entertainment Corporation 25600 S.W. Parkway Centex Xx. Xxxxxxxxxxx, XX 00000 Attn: General Counsel Facsimile: (503) 570-1701 Wixx x xxxx xx xhe same address to the attention of the General Counsel and Secretary. To each Purchaser at its respective address listed on Exhibit A. With a copy to: Venture Law Group A Professional Corporation 2775 Sand Hill Road Xxxxx Xxxx, Xxxxxxxxxx 00000 Attn.: Joshua L. Green Facsimile: (415) 233-8386 or at sxxx xxxxx xxxxess as the intended recipient previously shall have designated by written notice to the other party (with copies to counsel as may be indicated on the signature page). Notice by registered or communication certified mail shall be effective on the date it is officially recorded as delivered to the intended recipient by return receipt or equivalent, and in the absence of such record of delivery, the effective date shall be presumed to have been the fifth (5th) business day after it was deposited in the mail. All notices delivered in person or sent by courier shall be deemed to have been sent at delivered to and received by the opening of business addressee and shall be effective on the next business day for the recipient, and (5) date of personal delivery; notices delivered by facsimile with simultaneous confirmation copy by registered or communications posted to an internet or intranet website certified mail shall be deemed delivered to and received upon the “receipt” by the intended recipient at its e-mail address as described addressee and effective on the date sent. Notice not given in clause (4) above writing shall be effective only if acknowledged in writing by a duly authorized representative of notification that such notice or communication is available and identifying the website address therefor: If party to the Seller: DHI Mortgage Company, Ltd. 00000 Xxxxx Xxxx Xxxx. Xxxxx 000 Xxxxxx, Xxxxx 00000 Attention: Xxxx Xxxxxx / Xxxx Xxxxxxx Telephone: (000) 000-0000 Fax: (000) 000-0000 email: xxxxxxx@xxxxxxxxxxx.xxx / xxxxxxxx@xxxxxxxxxxx.xxx with a copy to: X.X. Xxxxxx, Inc. 000 Xxxxxxxx Xxxxxx, Xxxxx 000 Xxxx Xxxxx, Xxxxx 00000 Attention: Xxx Xxxxxxx or Xxxx Xxxxxxx Telephone: (000) 000-0000 If to U.S. Bank as a Buyer or the Administrative Agent: U.S. Bank National Association 800 Nicollet Mall Mail Station: BC-MN-H03B Xxxxxxxxxxx, XX 00000 Attention: Xxxxx Xxxxxxx Telephone: (000) 000-0000 Fax: (000) 000-0000 email: xxxxx.xxxxxxx@xxxxxx.xxx If to the other Buyers, at the addresses shown on Schedule 23whom it was given.

Notices and Other Communications. All notices, demands, consents, requests (a) Except in the case of notices and other communications required or expressly permitted to be given or made hereunder (collectivelyby telephone, “Notices”), except as otherwise specifically all notices and other communications provided in this Agreement, for herein shall be in writing and shall be either (a) delivered in personby hand or overnight courier service, mailed by certified or registered mail or sent by facsimile or sent by email to the address(es), facsimile number or email address specified for the Borrower, the Administrative Agent, the P1 Collateral Agent, or the Senior Lenders, as applicable, on Schedule 12.11. |US-DOCS\143711048.26|| (b) mailedNotices sent by hand or overnight courier service, or mailed by certified, certified or registered or express mail, postage prepaid, addressed to the respective parties hereto at their respective addresses specified below, or (c) sent in a prepaid overnight delivery envelope via a nationally-recognized courier service (such as Federal Express, United Parcel Service or DHL Worldwide Express) that provides weekday next-Business Day delivery service to the addressee’s location, (d) faxed to their respective fax numbers (with a paper copy mailed the same day as aforesaid) as hereinafter set forth or (e) emailed (with a confirming fax for any funding request) and/or posted to an Internet or intranet website and acknowledged as received as hereinafter set forth; provided that any party may change its address for notice by designating such party’s new address in a Notice to the other parties given at least five Business Days before it shall become effective. All Notices shall be conclusively deemed to have been properly given or served when received in person, regardless of how sent. Regardless of when received, all Notices ; and notices sent by facsimile shall be conclusively deemed to have been properly given or served when sent (except that, if addressed in accordance with this Section 23 and (1) if mailednot given during normal business hours for the recipient, on they shall be deemed to have been given at the second Business Day after being deposited in the mails, or (2) if sent by nationally-recognized courier service, opening of business on the next Business Day or (3) if faxed before the close of business at for the recipient’s location on a Business Day). Notices delivered through electronic communications shall be effective as provided in Schedule 12.11. (c) Unless otherwise prescribed, when faxed or if faxed after the close of business at the recipient’s location or on a day that is not a Business Day, on the next Business Day thereafter (i) notices and other communications sent to the fax number set forth below (provided that a paper copy is mailed on the same day as aforesaid) or (4) if an e-mailed, mail address shall be deemed received upon the sender’s receipt of an acknowledgement from the intended recipient (such as by the “return receipt requested” function, as available, return e-mail or other written acknowledgement); provided, provided that if any such faxed or emailed notice or other communication is not sent received during the normal business hours of the recipient, such notice or communication shall be deemed to have been sent received at the opening of business on the next business day Business Day for the recipient, and (5ii) notices or communications posted to an internet or intranet website shall be deemed received upon the “receipt” deemed receipt by the intended recipient at its e-mail address as described in clause (4) above Schedule 12.11 of notification that such notice or communication is available and identifying the website address therefor: If . Notwithstanding the above, all notices delivered by the Borrower to the Seller: DHI Mortgage CompanyAdministrative Agent through electronic communications shall be followed by the delivery of a hard copy. (d) Each of the Borrower, Ltd. 00000 Xxxxx Xxxx Xxxxthe Administrative Agent and the P1 Collateral Agent may change its address, facsimile, email address or telephone number for notices and other communications hereunder by notice to the other parties hereto. Xxxxx 000 XxxxxxEach Senior Lender may change its address, Xxxxx 00000 Attention: Xxxx Xxxxxx / Xxxx Xxxxxxx Telephone: facsimile, email address or telephone number for notices and other communications hereunder by notice to the Borrower, the Administrative Agent and the P1 Collateral Agent. (000e) 000-0000 Fax: The Administrative Agent, the P1 Collateral Agent, and the Senior Lenders shall be entitled to rely and act upon any written notices purportedly given by or on behalf of the Borrower even if (000i) 000-0000 email: xxxxxxx@xxxxxxxxxxx.xxx / xxxxxxxx@xxxxxxxxxxx.xxx with such notices were not made in a copy to: X.X. Xxxxxxmanner specified herein, Inc. 000 Xxxxxxxx Xxxxxxwere incomplete or were not preceded or followed by any other form of notice specified herein, Xxxxx 000 Xxxx Xxxxxor (ii) the terms thereof, Xxxxx 00000 Attention: Xxx Xxxxxxx or Xxxx Xxxxxxx Telephone: (000) 000-0000 If to U.S. Bank as a Buyer or understood by the recipient, varied from any confirmation thereof. The Borrower shall indemnify the Administrative Agent: U.S. Bank National Association 800 Nicollet Mall Mail Station: BC, the P1 Collateral Agent, the Senior Lenders, and the Related Parties of each of them for all losses, costs, expenses and liabilities resulting from the reliance by such Person on each notice purportedly given by or on behalf of the Borrower. All telephonic notices to and other telephonic communications with the Administrative Agent, the P1 Collateral Agent, the Senior Lenders by the Borrower may be recorded by the Administrative Agent the P1 Collateral Agent, the Senior Lenders, as applicable, and each of the parties hereto hereby consents to such recording. |US-MN-H03B XxxxxxxxxxxDOCS\143711048.26|| (f) Notwithstanding the above, XX 00000 Attention: Xxxxx Xxxxxxx Telephone: nothing herein shall prejudice the right of the Administrative Agent, the P1 Collateral Agent, any of the Senior Lenders to give any notice or other communication pursuant to any Financing Document in any other manner specified in such Financing Document. (000g) 000-0000 Fax: (000) 000-0000 email: xxxxx.xxxxxxx@xxxxxx.xxx If the Borrower hereby agrees that it will provide to the Administrative Agent all information, documents and other Buyersmaterials that it is obligated to furnish to the Administrative Agent pursuant to the Financing Documents, including all notices, requests, financial statements, financial and other reports, certificates and other information materials, but excluding any such communication that (i) relates to any Senior Loan Borrowing, (ii) relates to the payment of any principal or other amount due under this Agreement prior to the scheduled date therefor, (iii) provides notice of any Default or Event of Default, or (iv) is required to be delivered to satisfy any condition precedent to any Senior Loan Borrowing (all such non-excluded communications being referred to herein collectively as “Communications”), by transmitting the Communications in an electronic/soft medium in a format acceptable to the Administrative Agent at the email addresses shown specified in Schedule 12.11. In addition, the Borrower agrees to continue to provide the Communications to the Administrative Agent in the manner specified in the Financing Documents but only to the extent requested by the Administrative Agent. (h) the Borrower further agrees that the Administrative Agent may make the Communications available to the Senior Lenders by posting the Communications on Schedule 23an internet website that may, from time to time, be notified to the Senior Lenders or a substantially similar electronic transmission system (the “Platform”). The costs and expenses incurred by the Administrative Agent in creating and maintaining the Platform shall be paid by Borrower in accordance with Section 12.6. (i) THE PLATFORM IS PROVIDED “AS IS” AND “AS AVAILABLE”. THE ADMINISTRATIVE AGENT DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE COMMUNICATIONS OR THE ADEQUACY OF THE PLATFORM AND EXPRESSLY DISCLAIMS LIABILITY FOR ERRORS OR OMISSIONS IN THE COMMUNICATIONS. NO WARRANTY OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS OR FREEDOM FROM VIRUSES OR OTHER CODE DEFECTS, IS MADE BY THE ADMINISTRATIVE AGENT IN CONNECTION WITH THE COMMUNICATIONS OR THE PLATFORM. IN NO EVENT SHALL THE ADMINISTRATIVE AGENT OR ANY AFFILIATE THEREOF OR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, ADVISORS OR REPRESENTATIVES (COLLECTIVELY, “AGENT PARTIES”) HAVE ANY |US-DOCS\143711048.26|| LIABILITY TO THE BORROWER, ANY SENIOR LENDER, OR ANY OTHER PERSON OR ENTITY FOR DAMAGES OF ANY KIND, INCLUDING DIRECT OR INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOSSES OR EXPENSES (WHETHER IN TORT, CONTRACT OR OTHERWISE) ARISING OUT OF THE BORROWER’S OR ANY AGENT PARTY’S TRANSMISSION OF COMMUNICATIONS THROUGH THE INTERNET, EXCEPT TO THE EXTENT THE LIABILITY OF ANY AGENT PARTY IS FOUND IN A FINAL NON-APPEALABLE JUDGMENT BY A COURT OF COMPETENT JURISDICTION TO HAVE RESULTED PRIMARILY FROM SUCH AGENT PARTY’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT.

Notices and Other Communications. All notices, demands, consents, requests (a) Except in the case of notices and other communications required or expressly permitted to be given or made hereunder (collectivelyby telephone, “Notices”), except as otherwise specifically all notices and other communications provided in this Agreement, for herein shall be in writing and shall be either (a) delivered in personby hand or overnight courier service, mailed by certified or registered mail or sent by facsimile or, except with respect to any notice of Default or Event of Default, sent by email to the address(es), facsimile number or email address specified for the Borrower, the KEXIM Facility Agent, the Common Security Trustee or KEXIM, as applicable, on Schedule 10.11. (b) mailedNotices sent by hand or overnight courier service, or mailed by certified, certified or registered or express mail, postage prepaid, addressed to the respective parties hereto at their respective addresses specified below, or (c) sent in a prepaid overnight delivery envelope via a nationally-recognized courier service (such as Federal Express, United Parcel Service or DHL Worldwide Express) that provides weekday next-Business Day delivery service to the addressee’s location, (d) faxed to their respective fax numbers (with a paper copy mailed the same day as aforesaid) as hereinafter set forth or (e) emailed (with a confirming fax for any funding request) and/or posted to an Internet or intranet website and acknowledged as received as hereinafter set forth; provided that any party may change its address for notice by designating such party’s new address in a Notice to the other parties given at least five Business Days before it shall become effective. All Notices shall be conclusively deemed to have been properly given or served when received in person, regardless of how sent. Regardless of when received, all Notices ; and notices sent by facsimile shall be conclusively deemed to have been properly given or served when sent (except that, if addressed in accordance with this Section 23 and (1) if mailednot given during normal business hours for the recipient, on shall be deemed to have been given at the second Business Day after being deposited in the mails, or (2) if sent by nationally-recognized courier service, opening of business on the next Business Day or (3) if faxed before the close of business at for the recipient’s location on a Business Day). Notices delivered through electronic communications shall be effective as provided in Section 10.11(c). (c) Unless otherwise prescribed, when faxed or if faxed after the close of business at the recipient’s location or on a day that is not a Business Day, on the next Business Day thereafter (i) notices and other communications sent to the fax number set forth below (provided that a paper copy is mailed on the same day as aforesaid) or (4) if an e-mailed, mail address shall be deemed received upon the sender’s receipt of an acknowledgement from the intended recipient (such as by the “return receipt requested” function, as available, return e-mail or other written acknowledgement); provided that, provided that if any such faxed or emailed notice or other communication is not sent received during the normal business hours of the recipient, such notice or communication shall be deemed to have been sent received at the opening of business on the next business day Business Day for the recipient, and (5ii) notices or communications posted to an internet or intranet website shall be deemed received upon the “receipt” deemed receipt by the intended recipient at its e-mail address as described in clause (4) above Schedule 10.11 of notification that such notice or communication is available and identifying the website address therefor: If . Notwithstanding the above, all notices delivered by the Borrower to the Seller: DHI Mortgage CompanyKEXIM Facility Agent through electronic communications shall be followed by the delivery of a hard copy. (d) Each of the Borrower, Ltd. 00000 Xxxxx Xxxx Xxxx. Xxxxx 000 Xxxxxxthe KEXIM Facility Agent and the Common Security Trustee may change its address, Xxxxx 00000 Attention: Xxxx Xxxxxx / Xxxx Xxxxxxx Telephone: (000) 000-0000 Fax: (000) 000-0000 email: xxxxxxx@xxxxxxxxxxx.xxx / xxxxxxxx@xxxxxxxxxxx.xxx with a copy to: X.X. Xxxxxx, Inc. 000 Xxxxxxxx Xxxxxx, Xxxxx 000 Xxxx Xxxxx, Xxxxx 00000 Attention: Xxx Xxxxxxx facsimile or Xxxx Xxxxxxx Telephone: (000) 000-0000 If to U.S. Bank as a Buyer or the Administrative Agent: U.S. Bank National Association 800 Nicollet Mall Mail Station: BC-MN-H03B Xxxxxxxxxxx, XX 00000 Attention: Xxxxx Xxxxxxx Telephone: (000) 000-0000 Fax: (000) 000-0000 email: xxxxx.xxxxxxx@xxxxxx.xxx If telephone number for notices and other communications hereunder by notice to the other Buyersparties hereto. KEXIM may change its address, facsimile or telephone number for notices and other communications hereunder by notice to the Borrower, the KEXIM Facility Agent and the Common Security Trustee. (e) The KEXIM Facility Agent, the Common Security Trustee and KEXIM shall be entitled to rely and act upon any written notices purportedly given by or on behalf of the Borrower even if (i) such notices were not made in a manner specified herein, were incomplete or were not preceded or followed by any other form of notice specified herein, or (ii) the terms thereof, as understood by the recipient, varied from any confirmation thereof. The Borrower shall indemnify the KEXIM Facility Agent, the Common Security Trustee, KEXIM and the Related Parties of each of them for all losses, costs, expenses and liabilities resulting from the reliance by such Person on each notice purportedly given by or on behalf of the Borrower. All telephonic notices to and other telephonic communications with the KEXIM Facility Agent, Common Security Trustee and KEXIM by the Borrower may be recorded by the KEXIM Facility Agent, Common Security Trustee and KEXIM, as applicable, and each of the parties hereto hereby consents to such recording. (f) The KEXIM Facility Agent agrees that the receipt of the communications by the KEXIM Facility Agent at its e-mail addresses set forth in Schedule 10.11 shall constitute effective delivery to the KEXIM Facility Agent for purposes of the Financing Documents. KEXIM agrees to notify the KEXIM Facility Agent in writing (including by electronic communication) from time to time of KEXIM’s e-mail address(es) to which the notices may be sent by electronic transmission and that such notices may be sent to such e-mail address(es). (g) Notwithstanding the above, nothing herein shall prejudice the right of the KEXIM Facility Agent, the Common Security Trustee and KEXIM to give any notice or other communication pursuant to any Financing Document in any other manner specified in such Financing Document. (h) So long as KEB NY Financial Corp. is the KEXIM Facility Agent, the Borrower hereby agrees that it will provide to the KEXIM Facility Agent all information, documents and other materials that it is obligated to furnish to the KEXIM Facility Agent pursuant to the Financing Documents, including all notices, requests, financial statements, financial and other reports, certificates and other information materials, but excluding any such communication that (i) relates to any KEXIM Direct Facility Loan Borrowing, (ii) relates to the payment of any principal or other amount due under this Agreement prior to the scheduled date therefor, (iii) provides notice of any Default or Event of Default or (iv) is required to be delivered to satisfy any condition precedent to any KEXIM Direct Facility Loan Borrowing (all such non-excluded communications being referred to herein collectively as “Communications”), by transmitting the Communications in an electronic/soft medium in a format acceptable to the KEXIM Facility Agent at the email addresses shown specified in Schedule 10.11. In addition, the Borrower agrees to continue to provide the Communications to the KEXIM Facility Agent in the manner specified in the Financing Documents but only to the extent requested by the KEXIM Facility Agent. (i) So long as KEB NY Financial Corp. is the KEXIM Facility Agent, the Borrower further agrees that the KEXIM Facility Agent may make the Communications available to KEXIM by posting the Communications on Schedule 23an internet website that may, from time to time, be notified to KEXIM (or any replacement or successor thereto) or a substantially similar electronic transmission system (the “Platform”). The costs and expenses incurred by the KEXIM Facility Agent in creating and maintaining the Platform shall be paid by Borrower in accordance with Section 10.06 (Costs and Expenses). (j) THE PLATFORM IS PROVIDED “AS IS” AND “AS AVAILABLE”. THE KEXIM FACILITY AGENT DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE COMMUNICATIONS, OR THE ADEQUACY OF THE PLATFORM AND EXPRESSLY DISCLAIMS LIABILITY FOR ERRORS OR OMISSIONS IN THE COMMUNICATIONS. NO WARRANTY OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS OR FREEDOM FROM VIRUSES OR OTHER CODE DEFECTS, IS MADE BY THE KEXIM FACILITY AGENT IN CONNECTION WITH THE COMMUNICATIONS OR THE PLATFORM. IN NO EVENT SHALL THE KEXIM FACILITY AGENT OR ANY AFFILIATE THEREOF OR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, ADVISORS OR REPRESENTATIVES (COLLECTIVELY, “AGENT PARTIES”) HAVE ANY LIABILITY TO THE BORROWER, KEXIM OR ANY OTHER PERSON OR ENTITY FOR DAMAGES OF ANY KIND, INCLUDING DIRECT OR INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOSSES OR EXPENSES (WHETHER IN TORT, CONTRACT OR OTHERWISE) ARISING OUT OF THE BORROWER’S OR ANY AGENT PARTY’S TRANSMISSION OF COMMUNICATIONS THROUGH THE INTERNET, EXCEPT TO THE EXTENT THE LIABILITY OF ANY AGENT PARTY IS FOUND IN A FINAL NON-APPEALABLE JUDGMENT BY A COURT OF COMPETENT JURISDICTION TO HAVE RESULTED PRIMARILY FROM SUCH AGENT PARTY’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT.

Notices and Other Communications. All noticesEvery notice, demandsconsent, consents, requests and approval or other communications communication required or permitted to be given or made hereunder (collectively, “Notices”), except as otherwise specifically provided in contemplated by this Agreement, Agreement by either party shall be in writing and shall be either (a) delivered in person, or (b) mailedby postage prepaid mail, by certifiedovernight courier service, registered by facsimile or express mail, postage prepaid, by electronic messaging addressed to the respective parties hereto party for whom intended at their respective addresses the address specified below, below or (c) sent in a prepaid overnight delivery envelope via a nationally-recognized courier service (at such other address as Federal Express, United Parcel Service or DHL Worldwide Express) that provides weekday next-Business Day delivery service to the addressee’s location, (d) faxed to their respective fax numbers (with a paper copy mailed the same day as aforesaid) as hereinafter set forth or (e) emailed (with a confirming fax for any funding request) and/or posted to an Internet or intranet website and acknowledged as received as hereinafter set forth; provided that any party may change its address for intended recipient previously shall have designated by written notice by designating such party’s new address in a Notice to the other parties party; provided, however, that any notices with respect to ASR's status as such may not be given at least five Business Days before by electronic messaging. Where specifically required, notices shall be by certified or registered mail. Unless otherwise provided in this Agreement, notice by mail shall be effective on the date it is officially recorded as delivered by return receipt or equivalent, and, in the absence of such record of delivery, it shall become effective. All Notices shall be conclusively deemed presumed to have been properly given delivered the fifth day, or served when received in personnext business day thereafter, regardless of how sent. Regardless of when received, all Notices shall be conclusively deemed to have been properly given or served if addressed in accordance with this Section 23 and (1) if mailed, on the second Business Day after being it was deposited in the mails, or (2) if sent . Notice given by nationally-recognized overnight courier service, service shall be effective on the next Business Day or (3) if faxed before the close of business at the recipient’s location on a Business Day, when faxed or if faxed after the close of business at the recipient’s location or on a day that date it is not a Business Day, recorded by such courier service as delivered. Notice given by facsimile shall be effective on the next Business Day thereafter to the fax number set forth below (provided that a paper copy is mailed date noted on the same day facsimile log as aforesaid) or (4) if e-mailedthe date sent. Notice given by electronic messaging shall be effective on the date sent, upon the sender’s receipt of an acknowledgement from the intended recipient (such as indicated by the “return receipt requested” functionelectronic messaging system. Except for notice given by electronic messaging, as available, return e-mail or other written acknowledgement), provided that notice not given in writing shall be effective only if any such faxed or emailed notice or other communication is not sent during the normal business hours acknowledged in writing by a duly authorized officer of the recipientparty to whom it was given. To: ASR: Alloy LLC To: Company: 1100 Peachtree Street, such notice or communication shall be deemed to have been sent at the opening of business on the next business day for the recipientSuite 1000 C/O SBC Communications Ixx. Xxxxxxx, and (5) notices or communications posted to an internet or intranet website shall be deemed received upon the “receipt” by the intended recipient at its e-mail address as described in clause (4) above of notification that such notice or communication is available and identifying the website address therefor: If to the Seller: DHI Mortgage Company, Ltd. Xxxxxxx 00000 Xxxxx Xxxx Xxxx. Xxxxx 000 Xxxxxx, Xxxxx 00000 Attention: Xxxx Xxxxxx / Xxxx Xxxxxxx Telephone: (000) 000-0000 Fax: (000) 000-0000 email: xxxxxxx@xxxxxxxxxxx.xxx / xxxxxxxx@xxxxxxxxxxx.xxx with a copy to: X.X. Xxxxxx, Inc. 000 Xxxxxxxx Xxxxxx, Xxxxx 000 Xxxx Xxxxx, Xxxxx 00000 Attention: Xxx Xxxxxxx or Xxxx Xxxxxxx Telephone: (000) 000-0000 If to U.S. Bank as a Buyer or the Administrative Agent: U.S. Bank National Association 800 Nicollet Mall Mail Station: BC-MN-H03B Xxxxxxxxxxx175 E. Houston San Xxxxxxx, XX 00000 Attention00205 Attn: Xxxxx Xxxxxxx TelephoneChief Executive Officer Attn: (000) 000Senior Executive Vice President-0000 Fax: (000) 000-0000 email: xxxxx.xxxxxxx@xxxxxx.xxx If to the other Buyers, at the addresses shown on Schedule 23.General Counsel

Notices and Other Communications. All notices, demands, consents, requests (a) Except in the case of notices and other communications required or expressly permitted to be given or made hereunder (collectivelyby telephone, “Notices”), except as otherwise specifically all notices and other communications provided in this Agreement, for herein shall be in writing and shall be either (a) delivered in personby hand or overnight courier service, mailed by certified or registered mail or sent by facsimile or, except with respect to any notice of Default or Event of Default, sent by email to the address(es), facsimile number or email address specified for the Borrower, the KEXIM Facility Agent, the Common Security Trustee or the KEXIM Covered Facility Lenders, as applicable, on Schedule 11.11. (b) mailedNotices sent by hand or overnight courier service, or mailed by certified, certified or registered or express mail, postage prepaid, addressed to the respective parties hereto at their respective addresses specified below, or (c) sent in a prepaid overnight delivery envelope via a nationally-recognized courier service (such as Federal Express, United Parcel Service or DHL Worldwide Express) that provides weekday next-Business Day delivery service to the addressee’s location, (d) faxed to their respective fax numbers (with a paper copy mailed the same day as aforesaid) as hereinafter set forth or (e) emailed (with a confirming fax for any funding request) and/or posted to an Internet or intranet website and acknowledged as received as hereinafter set forth; provided that any party may change its address for notice by designating such party’s new address in a Notice to the other parties given at least five Business Days before it shall become effective. All Notices shall be conclusively deemed to have been properly given or served when received in person, regardless of how sent. Regardless of when received, all Notices ; and notices sent by facsimile shall be conclusively deemed to have been properly given or served when sent (except that, if addressed in accordance with this Section 23 and (1) if mailednot given during normal business hours for the recipient, on shall be deemed to have been given at the second Business Day after being deposited in the mails, or (2) if sent by nationally-recognized courier service, opening of business on the next Business Day or (3) if faxed before the close of business at for the recipient’s location on a Business Day). Notices delivered through electronic communications shall be effective as provided in Section 11.11(c). (c) Unless otherwise prescribed, when faxed or if faxed after the close of business at the recipient’s location or on a day that is not a Business Day, on the next Business Day thereafter (i) notices and other communications sent to the fax number set forth below (provided that a paper copy is mailed on the same day as aforesaid) or (4) if an e-mailed, mail address shall be deemed received upon the sender’s receipt of an acknowledgement from the intended recipient (such as by the “return receipt requested” function, as available, return e-mail or other written acknowledgement); provided that, provided that if any such faxed or emailed notice or other communication is not sent received during the normal business hours of the recipient, such notice or communication shall be deemed to have been sent received at the opening of business on the next business day Business Day for the recipient, and (5ii) notices or communications posted to an internet or intranet website shall be deemed received upon the “receipt” deemed receipt by the intended recipient at its e-mail address as described in clause (4) above Schedule 11.11 of notification that such notice or communication is available and identifying the website address therefor: If . Notwithstanding the above, all notices delivered by the Borrower to the Seller: DHI Mortgage CompanyKEXIM Facility Agent through electronic communications shall be followed by the delivery of a hard copy. (d) Each of the Borrower, Ltd. 00000 Xxxxx Xxxx Xxxx. Xxxxx 000 Xxxxxxthe KEXIM Facility Agent and the Common Security Trustee may change its address, Xxxxx 00000 Attention: Xxxx Xxxxxx / Xxxx Xxxxxxx Telephone: (000) 000-0000 Fax: (000) 000-0000 email: xxxxxxx@xxxxxxxxxxx.xxx / xxxxxxxx@xxxxxxxxxxx.xxx with a copy to: X.X. Xxxxxx, Inc. 000 Xxxxxxxx Xxxxxx, Xxxxx 000 Xxxx Xxxxx, Xxxxx 00000 Attention: Xxx Xxxxxxx facsimile or Xxxx Xxxxxxx Telephone: (000) 000-0000 If to U.S. Bank as a Buyer or the Administrative Agent: U.S. Bank National Association 800 Nicollet Mall Mail Station: BC-MN-H03B Xxxxxxxxxxx, XX 00000 Attention: Xxxxx Xxxxxxx Telephone: (000) 000-0000 Fax: (000) 000-0000 email: xxxxx.xxxxxxx@xxxxxx.xxx If telephone number for notices and other communications hereunder by notice to the other Buyersparties hereto. Any KEXIM Covered Facility Lender may change its address, facsimile or telephone number for notices and other communications hereunder by notice to the Borrower, the KEXIM Facility Agent and the Common Security Trustee. (e) The KEXIM Facility Agent, the Common Security Trustee and the KEXIM Covered Facility Lenders shall be entitled to rely and act upon any written notices purportedly given by or on behalf of the Borrower even if (i) such notices were not made in a manner specified herein, were incomplete or were not preceded or followed by any other form of notice specified herein, or (ii) the terms thereof, as understood by the recipient, varied from any confirmation thereof. The Borrower shall indemnify the KEXIM Facility Agent, the Common Security Trustee, the KEXIM Covered Facility Lenders and the Related Parties of each of them for all losses, costs, expenses and liabilities resulting from the reliance by such Person on each notice purportedly given by or on behalf of the Borrower. All telephonic notices to and other telephonic communications with the KEXIM Facility Agent, the Common Security Trustee and the KEXIM Covered Facility Lenders by the Borrower may be recorded by the KEXIM Facility Agent, the Common Security Trustee and the KEXIM Covered Facility Lenders, as applicable, and each of the parties hereto hereby consents to such recording. (f) The KEXIM Facility Agent agrees that the receipt of the communications by the KEXIM Facility Agent at its e-mail addresses set forth in Schedule 11.11 shall constitute effective delivery to the KEXIM Facility Agent for purposes of the Financing Documents. Each KEXIM Covered Facility Lender agrees to notify the KEXIM Facility Agent in writing (including by electronic communication) from time to time of such KEXIM Covered Facility Lender’s e-mail address(es) to which the notices may be sent by electronic transmission and that such notices may be sent to such e-mail address(es). (g) Notwithstanding the above, nothing herein shall prejudice the right of the KEXIM Facility Agent, the Common Security Trustee and any of the KEXIM Covered Facility Lenders to give any notice or other communication pursuant to any Financing Document in any other manner specified in such Financing Document. (h) So long as Shinhan Bank New York Branch is the KEXIM Facility Agent, the Borrower hereby agrees that it will provide to the KEXIM Facility Agent all information, documents and other materials that it is obligated to furnish to the KEXIM Facility Agent pursuant to the Financing Documents, including all notices, requests, financial statements, financial and other reports, certificates and other information materials, but excluding any such communication that (i) relates to any KEXIM Covered Facility Loan Borrowing, (ii) relates to the payment of any principal or other amount due under this Agreement prior to the scheduled date therefor, (iii) provides notice of any Default or Event of Default or (iv) is required to be delivered to satisfy any condition precedent to any KEXIM Covered Facility Loan Borrowing (all such non-excluded communications being referred to herein collectively as “Communications”), by transmitting the Communications in an electronic/soft medium in a format acceptable to the KEXIM Facility Agent at the email addresses shown specified in Schedule 11.11. In addition, the Borrower agrees to continue to provide the Communications to the KEXIM Facility Agent in the manner specified in the Financing Documents but only to the extent requested by the KEXIM Facility Agent. (i) So long as Shinhan Bank New York Branch is the KEXIM Facility Agent, the Borrower further agrees that the KEXIM Facility Agent may make the Communications available to the KEXIM Covered Facility Lenders by posting the Communications on Schedule 23an internet website that may, from time to time, be notified to the KEXIM Covered Facility Lenders (or any replacement or successor thereto) or a substantially similar electronic transmission system (the “Platform”). The costs and expenses incurred by the KEXIM Facility Agent in creating and maintaining the Platform shall be paid by Borrower in accordance with Section 11.06 (Costs and Expenses). (j) THE PLATFORM IS PROVIDED “AS IS” AND “AS AVAILABLE”. THE KEXIM FACILITY AGENT DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE COMMUNICATIONS OR THE ADEQUACY OF THE PLATFORM AND EXPRESSLY DISCLAIMS LIABILITY FOR ERRORS OR OMISSIONS IN THE COMMUNICATIONS. NO WARRANTY OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS OR FREEDOM FROM VIRUSES OR OTHER CODE DEFECTS, IS MADE BY THE KEXIM FACILITY AGENT IN CONNECTION WITH THE COMMUNICATIONS OR THE PLATFORM. IN NO EVENT SHALL THE KEXIM FACILITY AGENT OR ANY AFFILIATE THEREOF OR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, ADVISORS OR REPRESENTATIVES (COLLECTIVELY, “AGENT PARTIES”) HAVE ANY LIABILITY TO THE BORROWER, ANY KEXIM COVERED FACILITY LENDER OR ANY OTHER PERSON OR ENTITY FOR DAMAGES OF ANY KIND, INCLUDING DIRECT OR INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOSSES OR EXPENSES (WHETHER IN TORT, CONTRACT OR OTHERWISE) ARISING OUT OF THE BORROWER’S OR ANY AGENT PARTY’S TRANSMISSION OF COMMUNICATIONS THROUGH THE INTERNET, EXCEPT TO THE EXTENT THE LIABILITY OF ANY AGENT PARTY IS FOUND IN A FINAL NON-APPEALABLE JUDGMENT BY A COURT OF COMPETENT JURISDICTION TO HAVE RESULTED PRIMARILY FROM SUCH AGENT PARTY’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT.

Notices and Other Communications. All notices, demands, consents, requests (a) Except in the case of notices and other communications required or expressly permitted to be given or made hereunder (collectivelyby telephone, “Notices”), except as otherwise specifically all notices and other communications provided in this Agreement, for herein shall be in writing and shall be either (a) delivered in personby hand or overnight courier service, mailed by certified or registered mail or sent by facsimile or sent by email to the address(es), facsimile number or email address specified for the Borrower, Total Holdings, the TCF Administrative Agent, the P1 Collateral Agent, or the Senior Lenders, as applicable, on Schedule 14.11. (b) mailedNotices sent by hand or overnight courier service, or mailed by certified, certified or registered or express mail, postage prepaid, addressed to the respective parties hereto at their respective addresses specified below, or (c) sent in a prepaid overnight delivery envelope via a nationally-recognized courier service (such as Federal Express, United Parcel Service or DHL Worldwide Express) that provides weekday next-Business Day delivery service to the addressee’s location, (d) faxed to their respective fax numbers (with a paper copy mailed the same day as aforesaid) as hereinafter set forth or (e) emailed (with a confirming fax for any funding request) and/or posted to an Internet or intranet website and acknowledged as received as hereinafter set forth; provided that any party may change its address for notice by designating such party’s new address in a Notice to the other parties given at least five Business Days before it shall become effective. All Notices shall be conclusively deemed to have been properly given or served when received in person, regardless of how sent. Regardless of when received, all Notices ; and notices sent by facsimile shall be conclusively deemed to have been properly given or served when sent (except that, if addressed in accordance with this Section 23 and (1) if mailednot given during normal business hours for the recipient, on they shall be deemed to have been given at the second Business Day after being deposited in the mails, or (2) if sent by nationally-recognized courier service, opening of business on the next Business Day or (3) if faxed before the close of business at for the recipient’s location on a Business Day). Notices delivered through electronic communications shall be effective as provided in Schedule 14.11. (c) Unless otherwise prescribed, when faxed or if faxed after the close of business at the recipient’s location or on a day that is not a Business Day, on the next Business Day thereafter (i) notices and other communications sent to the fax number set forth below (provided that a paper copy is mailed on the same day as aforesaid) or (4) if an e-mailed, mail address shall be deemed received upon the sender’s receipt of an acknowledgement from the intended recipient (such as by the “return receipt requested” function, as available, return e-mail or other written acknowledgement); provided, provided that if any such faxed or emailed notice or other communication is not sent |US-DOCS\145399031.8|| received during the normal business hours of the recipient, such notice or communication shall be deemed to have been sent received at the opening of business on the next business day Business Day for the recipient, and (5ii) notices or communications posted to an internet or intranet website shall be deemed received upon the “receipt” deemed receipt by the intended recipient at its e-mail address as described in clause (4) above Schedule 14.11 of notification that such notice or communication is available and identifying the website address therefor: If . Notwithstanding the above, all notices delivered by the Borrower to the Seller: DHI Mortgage CompanyTCF Administrative Agent through electronic communications shall be followed by the delivery of a hard copy. (d) Each of the Borrower, Ltd. 00000 Xxxxx Xxxx Xxxx. Xxxxx 000 Xxxxxxthe TCF Administrative Agent and the P1 Collateral Agent may change its address, Xxxxx 00000 Attention: Xxxx Xxxxxx / Xxxx Xxxxxxx Telephone: (000) 000-0000 Fax: (000) 000-0000 email: xxxxxxx@xxxxxxxxxxx.xxx / xxxxxxxx@xxxxxxxxxxx.xxx with a copy to: X.X. Xxxxxxfacsimile, Inc. 000 Xxxxxxxx Xxxxxx, Xxxxx 000 Xxxx Xxxxx, Xxxxx 00000 Attention: Xxx Xxxxxxx email address or Xxxx Xxxxxxx Telephone: (000) 000-0000 If to U.S. Bank as a Buyer or the Administrative Agent: U.S. Bank National Association 800 Nicollet Mall Mail Station: BC-MN-H03B Xxxxxxxxxxx, XX 00000 Attention: Xxxxx Xxxxxxx Telephone: (000) 000-0000 Fax: (000) 000-0000 email: xxxxx.xxxxxxx@xxxxxx.xxx If telephone number for notices and other communications hereunder by notice to the other Buyersparties hereto. Each Senior Lender may change its address, facsimile, email address or telephone number for notices and other communications hereunder by notice to the Borrower, the TCF Administrative Agent and the P1 Collateral Agent. (e) The TCF Administrative Agent, the P1 Collateral Agent, and the Senior Lenders shall be entitled to rely and act upon any written notices purportedly given by or on behalf of the Borrower even if (i) such notices were not made in a manner specified herein, were incomplete or were not preceded or followed by any other form of notice specified herein, or (ii) the terms thereof, as understood by the recipient, varied from any confirmation thereof. The Borrower shall indemnify the TCF Administrative Agent, the P1 Collateral Agent, the Senior Lenders, and the Related Parties of each of them for all losses, costs, expenses and liabilities resulting from the reliance by such Person on each notice purportedly given by or on behalf of the Borrower. All telephonic notices to and other telephonic communications with the TCF Administrative Agent, the P1 Collateral Agent, the Senior Lenders by the Borrower may be recorded by the TCF Administrative Agent the P1 Collateral Agent, the Senior Lenders, as applicable, and each of the parties hereto hereby consents to such recording. (f) Notwithstanding the above, nothing herein shall prejudice the right of the TCF Administrative Agent, the P1 Collateral Agent, any of the Senior Lenders to give any notice or other communication pursuant to any TCF Financing Document in any other manner specified in such TCF Financing Document. (g) the Borrower hereby agrees that it will provide to the TCF Administrative Agent all information, documents and other materials that it is obligated to furnish to the TCF Administrative Agent pursuant to the TCF Financing Documents, including all notices, requests, financial statements, financial and other reports, certificates and other information materials, but excluding any such communication that (i) relates to any Construction/Term Loan Borrowing, (ii) relates to the payment of any principal or other amount due under this Agreement prior to the scheduled date therefor, (iii) provides notice of any Default or Event of Default, or (iv) is required to be delivered to satisfy any condition precedent to any Construction/Term Loan Borrowing (all such non-excluded communications being referred to herein collectively as “Communications”), by transmitting the Communications in an electronic/soft medium in a format acceptable to the TCF Administrative Agent at the email addresses shown specified in Schedule 14.11. In addition, the |US-DOCS\145399031.8|| Xxxxxxxx agrees to continue to provide the Communications to the TCF Administrative Agent in the manner specified in the TCF Financing Documents but only to the extent requested by the TCF Administrative Agent. (h) the Borrower further agrees that the TCF Administrative Agent may make the Communications available to the Senior Lenders by posting the Communications on Schedule 23an internet website that may, from time to time, be notified to the Senior Lenders or a substantially similar electronic transmission system (the “Platform”). The costs and expenses incurred by the TCF Administrative Agent in creating and maintaining the Platform shall be paid by Borrower in accordance with Section 14.6. (i) THE PLATFORM IS PROVIDED “AS IS” AND “AS AVAILABLE”. THE TCF ADMINISTRATIVE AGENT DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE COMMUNICATIONS OR THE ADEQUACY OF THE PLATFORM AND EXPRESSLY DISCLAIMS LIABILITY FOR ERRORS OR OMISSIONS IN THE COMMUNICATIONS. NO WARRANTY OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS OR FREEDOM FROM VIRUSES OR OTHER CODE DEFECTS, IS MADE BY THE TCF ADMINISTRATIVE AGENT IN CONNECTION WITH THE COMMUNICATIONS OR THE PLATFORM. IN NO EVENT SHALL THE TCF ADMINISTRATIVE AGENT OR ANY AFFILIATE THEREOF OR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, ADVISORS OR REPRESENTATIVES (COLLECTIVELY, “AGENT PARTIES”) HAVE ANY LIABILITY TO THE BORROWER, ANY SENIOR LENDER, OR ANY OTHER PERSON OR ENTITY FOR DAMAGES OF ANY KIND, INCLUDING DIRECT OR INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOSSES OR EXPENSES (WHETHER IN TORT, CONTRACT OR OTHERWISE) ARISING OUT OF THE BORROWER’S OR ANY AGENT PARTY’S TRANSMISSION OF COMMUNICATIONS THROUGH THE INTERNET, EXCEPT TO THE EXTENT THE LIABILITY OF ANY AGENT PARTY IS FOUND IN A FINAL NON-APPEALABLE JUDGMENT BY A COURT OF COMPETENT JURISDICTION TO HAVE RESULTED PRIMARILY FROM SUCH AGENT PARTY’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT.

Notices and Other Communications. All notices, demands, consents, requests (a) Except in the case of notices and other communications required or expressly permitted to be given or made hereunder by telephone (collectively, “Notices”and except as provided in Section 11.11(b)), except as otherwise specifically all notices and other communications provided in this Agreement, for herein shall be in writing and shall be either delivered by hand or overnight courier service, mailed by certified or registered mail or sent by telecopier or electronic mail as follows, and all notices and other communications expressly permitted hereunder to be given by telephone shall be made to the applicable telephone number, as follows: (ai) delivered if to the Borrower or any Agent, to the address, telecopier number, electronic mail address or telephone number specified for such Person on Schedule 11.11(a); (ii) if to any Lender, to the address, telecopier number, electronic mail address or telephone number specified in personits administrative questionnaire; and (iii) if to any Interest Rate Protection Provider, to the address, telecopier, number, electronic mail address or telephone number specified on Schedule 11.11(a). (b) mailed, by certified, registered or express mail, postage prepaid, addressed to the respective parties hereto at their respective addresses specified below, or (c) sent in a prepaid overnight delivery envelope via a nationally-recognized courier service (such as Federal Express, United Parcel Service or DHL Worldwide Express) that provides weekday next-Business Day delivery service to the addressee’s location, (d) faxed to their respective fax numbers (with a paper copy mailed the same day as aforesaid) as hereinafter set forth or (e) emailed (with a confirming fax for any funding request) and/or posted to an Internet or intranet website and acknowledged as received as hereinafter set forth; provided that any party may change its address for notice by designating such party’s new address in a Notice to the other parties given at least five Business Days before it shall become effective. All Notices shall be conclusively deemed to have been properly given or served when received in person, regardless of how sent. Regardless of when received, all Notices shall be conclusively deemed to have been properly given or served if addressed in accordance with this Section 23 and (1) if mailed, on the second Business Day after being deposited in the mails, or (2) if sent by nationally-recognized hand or overnight courier service, on the next Business Day or (3) if faxed before the close of business at the recipient’s location on a Business Daymailed by certified or registered mail, when faxed or if faxed after the close of business at the recipient’s location or on a day that is not a Business Day, on the next Business Day thereafter to the fax number set forth below (provided that a paper copy is mailed on the same day as aforesaid) or (4) if e-mailed, upon the sender’s receipt of an acknowledgement from the intended recipient (such as by the “return receipt requested” function, as available, return e-mail or other written acknowledgement), provided that if any such faxed or emailed notice or other communication is not sent during the normal business hours of the recipient, such notice or communication shall be deemed to have been given when received; notices sent by telecopier shall be deemed to have been given when sent (except that, if not given during normal business hours for the recipient, shall be deemed to have been given at the opening of business on the next business day Business Day for the recipient, ). Notices delivered through electronic communications to the extent provided in Section 11.11(d) shall be effective as provided in Section 11.11(d). (c) Notices and other communications to the Lenders or any Agent hereunder may be delivered or furnished by electronic communication (5) notices or communications posted to an including e-mail and internet or intranet website shall be deemed received upon the “receipt” websites) pursuant to procedures approved by the intended recipient at its e-mail address as described in clause (4) above of notification that such notice or communication is available and identifying the website address therefor: If to the Seller: DHI Mortgage Company, Ltd. 00000 Xxxxx Xxxx Xxxx. Xxxxx 000 Xxxxxx, Xxxxx 00000 Attention: Xxxx Xxxxxx / Xxxx Xxxxxxx Telephone: (000) 000-0000 Fax: (000) 000-0000 email: xxxxxxx@xxxxxxxxxxx.xxx / xxxxxxxx@xxxxxxxxxxx.xxx with a copy to: X.X. Xxxxxx, Inc. 000 Xxxxxxxx Xxxxxx, Xxxxx 000 Xxxx Xxxxx, Xxxxx 00000 Attention: Xxx Xxxxxxx or Xxxx Xxxxxxx Telephone: (000) 000-0000 If to U.S. Bank as a Buyer or the Administrative Agent: U.S. Bank National Association 800 Nicollet Mall Mail Station: BC-MN-H03B Xxxxxxxxxxx, XX 00000 Attention: Xxxxx Xxxxxxx Telephone: (000) 000-0000 Fax: (000) 000-0000 email: xxxxx.xxxxxxx@xxxxxx.xxx If and in the case of notices to the other BuyersCollateral Agent, at by the addresses shown on Schedule 23.Collateral Agent as well; provided that the foregoing shall not apply to notices to any Lender pursuant to ARTICLE II (

Notices and Other Communications. All notices, demands, consents, requests (a) Except in the case of notices and other communications required or expressly permitted to be given or made hereunder by telephone (collectively, “Notices”and except as provided in Section 11.12(b)), except as otherwise specifically all notices and other communications provided in this Agreement, for herein shall be in writing and shall be either delivered by hand or overnight courier service, mailed by certified or registered mail or sent by telecopier or electronic mail as follows, and all notices and other communications expressly permitted hereunder to be given by telephone shall be made to the applicable telephone number, as follows: (ai) delivered if to the Borrowers, the Borrowers' Agent or any Agent, to the address, telecopier number, electronic mail address or telephone number specified for such Person on Schedule 11.12; (ii) if to any Lender, to the address, telecopier number, electronic mail address or telephone number specified in personits administrative questionnaire; and (iii) if to any Interest Rate Protection Provider, to the address, telecopier, number, electronic mail address or telephone number specified on Schedule 11.12. (b) mailedNotices sent by hand or overnight courier service, or mailed by certified, certified or registered or express mail, postage prepaid, addressed to the respective parties hereto at their respective addresses specified below, or (c) sent in a prepaid overnight delivery envelope via a nationally-recognized courier service (such as Federal Express, United Parcel Service or DHL Worldwide Express) that provides weekday next-Business Day delivery service to the addressee’s location, (d) faxed to their respective fax numbers (with a paper copy mailed the same day as aforesaid) as hereinafter set forth or (e) emailed (with a confirming fax for any funding request) and/or posted to an Internet or intranet website and acknowledged as received as hereinafter set forth; provided that any party may change its address for notice by designating such party’s new address in a Notice to the other parties given at least five Business Days before it shall become effective. All Notices shall be conclusively deemed to have been properly given or served when received in person, regardless of how sent. Regardless of when received, all Notices ; notices sent by telecopier shall be conclusively deemed to have been properly given or served when sent (except that, if addressed in accordance with this Section 23 and (1) if mailednot given during normal business hours for the recipient, on shall be deemed to have been given at the second Business Day after being deposited in the mails, or (2) if sent by nationally-recognized courier service, opening of business on the next Business Day for the recipient). Notices delivered through electronic communications to the extent provided in Section 11.12(d) shall be effective as provided in Section 11.12(d). Any notice sent to the Borrowers' Agent shall be deemed to have been given to all Borrowers. (c) Notices and other communications to the Senior Secured Parties hereunder may be delivered or furnished by electronic communication (3including e-mail and internet or intranet websites) pursuant to procedures approved by the Administrative Agent; provided that the foregoing shall not apply to notices to any Lender pursuant to Article II (Commitments and Funding) if faxed before such Lender has notified the close Administrative Agent that it is incapable of business at receiving notices under such Article II (Commitments and Funding) by electronic communication. Each of the recipient’s location on a Business DayAdministrative Agent or the Borrowers may, when faxed or if faxed after the close of business at the recipient’s location or on a day that is not a Business Dayin its discretion, on the next Business Day thereafter agree to the fax number set forth below (accept notices and other communications to it hereunder by electronic communications pursuant to procedures approved by it; provided that a paper copy is mailed on approval of such procedures may be limited to particular notices or communications. (d) Unless the same day as aforesaidAdministrative Agent otherwise prescribes, (i) or (4) if notices and other communications sent to an e-mailed, mail address shall be deemed received upon the sender’s 's receipt of an acknowledgement from the intended recipient (such as by the “"return receipt requested” " function, as available, return e-mail or other written acknowledgement), ; provided that if any such faxed or emailed notice or other communication is not sent received during the normal business hours of the recipient, such notice or communication shall be deemed to have been sent received at the opening of business on the next business day Business Day for the recipient, and (5ii) notices or communications posted to an internet or intranet website shall be deemed received upon the “receipt” deemed receipt by the intended recipient at its e-mail address as described in clause (4Section 11.12(d)(i) above of notification that such notice or communication is available and identifying the website address therefor: If . (e) Each of the Borrowers, the Borrowers' Agent and the Agents may change its address, telecopier or telephone number for notices and other communications hereunder by notice to the Seller: DHI Mortgage Companyother parties hereto. Each Lender and Interest Rate Protection Provider may change its address, Ltd. 00000 Xxxxx Xxxx Xxxxtelecopier or telephone number for notices and other communications hereunder by notice to the Borrowers, the Borrowers' Agent and each Agent. (f) The Senior Secured Parties shall be entitled to rely and act upon any written notices purportedly given by or on behalf of the Borrowers or the Borrowers' Agent even if (i) such notices were not made in a manner specified herein, were incomplete or were not preceded or followed by any other form of notice specified herein, or (ii) the terms thereof, as understood by the recipient, varied from any confirmation thereof. Xxxxx 000 XxxxxxThe Borrowers shall indemnify each Senior Secured Party and the Related Parties of each of them from all losses, Xxxxx 00000 Attention: Xxxx Xxxxxx / Xxxx Xxxxxxx Telephone: costs, expenses and liabilities resulting from the reliance by such Person on each notice purportedly given by or on behalf of the Borrowers or the Borrowers' Agent (000or any one of the Borrowers). All telephonic notices to and other telephonic communications with any Agent may be recorded by such Agent, and each of the parties hereto hereby consents to such recording. (g) 000-0000 Fax: (000) 000-0000 email: xxxxxxx@xxxxxxxxxxx.xxx / xxxxxxxx@xxxxxxxxxxx.xxx with a copy to: X.X. Xxxxxx, Inc. 000 Xxxxxxxx Xxxxxx, Xxxxx 000 Xxxx Xxxxx, Xxxxx 00000 Attention: Xxx Xxxxxxx or Xxxx Xxxxxxx Telephone: (000) 000-0000 If to U.S. Bank So long as a Buyer or WestLB is the Administrative Agent: U.S. Bank National Association 800 Nicollet Mall Mail Station: BC-MN-H03B Xxxxxxxxxxx, XX 00000 Attention: Xxxxx Xxxxxxx Telephone: (000) 000-0000 Fax: (000) 000-0000 email: xxxxx.xxxxxxx@xxxxxx.xxx If each Borrower and the Borrowers' Agent hereby agrees that it will provide to the Administrative Agent all information, documents and other Buyersmaterials that it is obligated to furnish to the Administrative Agent pursuant to the Financing Agreements, including all notices, requests, financial statements, financial and other reports, certificates and other information materials, but excluding any such communication that (i) relates to the Funding, (ii) relates to the payment of any principal or other amount due under this Agreement prior to the scheduled date therefor, (iii) provides notice of any Default or Event of Default or (iv) is required to be delivered to satisfy any condition precedent to Funding (all such non-excluded communications being referred to herein collectively as "Communications"), by transmitting the Communications in an electronic/soft medium in a format acceptable to the Administrative Agent to ny_agency xxxxxxxx@xxxxxx.xxx. In addition, each Borrower and the Borrowers' Agent agrees to continue to provide the Communications to the Administrative Agent in the manner specified in the Financing Agreements but only to the extent requested by the Administrative Agent. (h) So long as WestLB is the Administrative Agent, each Borrower and the Borrowers' Agent further agrees that the Administrative Agent may make the Communications available to the Lenders by posting the Communications on http: xxx.xxxxxxxxxx.xxx (or any replacement or successor thereto) or a substantially similar electronic transmission systems (the "Platform"). (i) THE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE". THE AGENTS DO NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE COMMUNICATIONS, OR THE ADEQUACY OF THE PLATFORM AND EXPRESSLY DISCLAIM LIABILITY FOR ERRORS OR OMISSIONS IN THE COMMUNICATIONS. NO WARRANTY OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS OR FREEDOM FROM VIRUSES OR OTHER CODE DEFECTS, IS MADE BY THE AGENTS IN CONNECTION WITH THE COMMUNICATIONS OR THE PLATFORM. IN NO EVENT SHALL THE ADMINISTRATIVE AGENT OR ANY OF ITS AFFILIATES OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, ADVISORS OR REPRESENTATIVES (COLLECTIVELY, "AGENT PARTIES") HAVE ANY LIABILITY TO ANY BORROWER, THE BORROWERS' AGENT, ANY LENDER OR ANY OTHER PERSON OR ENTITY FOR DAMAGES OF ANY KIND, INCLUDING DIRECT OR INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOSSES OR EXPENSES (WHETHER IN TORT, CONTRACT OR OTHERWISE) ARISING OUT OF THE BORROWER'S, THE BORROWERS' AGENTS' OR THE ADMINISTRATIVE AGENT'S TRANSMISSION OF COMMUNICATIONS THROUGH THE INTERNET, EXCEPT TO THE EXTENT THE LIABILITY OF ANY AGENT PARTY IS FOUND IN A FINAL NON-APPEALABLE JUDGMENT BY A COURT OF COMPETENT JURISDICTION TO HAVE RESULTED PRIMARILY FROM SUCH AGENT PARTY'S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. (j) The Administrative Agent agrees that the receipt of the Communications by the Administrative Agent at its e-mail address set forth in Schedule 11.12 shall constitute effective delivery of the addresses shown on Schedule 23Communications to the Administrative Agent for purposes of the Financing Agreements. Each Lender agrees that notice to it (as provided in the next sentence) specifying that the Communications have been posted to the Platform shall constitute effective delivery of the Communications to such Lender for purposes of the Financing Agreements. Each Lender agrees to notify the Administrative Agent in writing (including by electronic communication) from time to time of such Lender's e-mail address to which the foregoing notice may be sent by electronic transmission and that the foregoing notice may be sent to such e-mail address. (k) Notwithstanding clauses (g) to (j) above, nothing herein shall prejudice the right of any Senior Secured Party to give any notice or other communication pursuant to any Financing Document in any other manner specified in such Financing Document.

Notices and Other Communications. All notices, demands, consents, requests (a) Except in the case of notices and other communications required or expressly permitted to be given or made hereunder by telephone (collectively, “Notices”and except as provided in Section 11.12(b)), except as otherwise specifically all notices and other communications provided in this Agreement, for herein shall be in writing and shall be either delivered by hand or overnight courier service, mailed by certified or registered mail or sent by telecopier or electronic mail as follows, and all notices and other communications expressly permitted hereunder to be given by telephone shall be made to the applicable telephone number, as follows: (ai) delivered if to the Borrowers, the Borrowers' Agent or any Agent, to the address, telecopier number, electronic mail address or telephone number specified for such Person on Schedule 11.12; (ii) if to any Lender, to the address, telecopier number, electronic mail address or telephone number specified in personits administrative questionnaire; and (iii) if to any Interest Rate Protection Provider, to the address, telecopier, number, electronic mail address or telephone number specified on Schedule 11.12. (b) mailed, by certified, registered or express mail, postage prepaid, addressed to the respective parties hereto at their respective addresses specified below, or (c) sent in a prepaid overnight delivery envelope via a nationally-recognized courier service (such as Federal Express, United Parcel Service or DHL Worldwide Express) that provides weekday next-Business Day delivery service to the addressee’s location, (d) faxed to their respective fax numbers (with a paper copy mailed the same day as aforesaid) as hereinafter set forth or (e) emailed (with a confirming fax for any funding request) and/or posted to an Internet or intranet website and acknowledged as received as hereinafter set forth; provided that any party may change its address for notice by designating such party’s new address in a Notice to the other parties given at least five Business Days before it shall become effective. All Notices shall be conclusively deemed to have been properly given or served when received in person, regardless of how sent. Regardless of when received, all Notices shall be conclusively deemed to have been properly given or served if addressed in accordance with this Section 23 and (1) if mailed, on the second Business Day after being deposited in the mails, or (2) if sent by nationally-recognized hand or overnight courier service, on the next Business Day or (3) if faxed before the close of business at the recipient’s location on a Business Daymailed by certified or registered mail, when faxed or if faxed after the close of business at the recipient’s location or on a day that is not a Business Day, on the next Business Day thereafter to the fax number set forth below (provided that a paper copy is mailed on the same day as aforesaid) or (4) if e-mailed, upon the sender’s receipt of an acknowledgement from the intended recipient (such as by the “return receipt requested” function, as available, return e-mail or other written acknowledgement), provided that if any such faxed or emailed notice or other communication is not sent during the normal business hours of the recipient, such notice or communication shall be deemed to have been given when received; notices sent by telecopier shall be deemed to have been given when sent (except that, if not given during normal business hours for the recipient, shall be deemed to have been given at the opening of business on the next business day Business Day for the recipient, ). Notices delivered through electronic communications to the extent provided in Section 11.12(d) shall be effective as provided in Section 11.12(d). Any notice sent to the Borrowers' Agent shall be deemed to have been given to all Borrowers. (c) Notices and other communications to the Senior Secured Parties hereunder may be delivered or furnished by electronic communication (5) notices or communications posted to an including e-mail and internet or intranet website shall be deemed received upon the “receipt” websites) pursuant to procedures approved by the intended recipient at its e-mail address as described in clause (4) above of notification that such notice or communication is available and identifying the website address therefor: If to the Seller: DHI Mortgage Company, Ltd. 00000 Xxxxx Xxxx Xxxx. Xxxxx 000 Xxxxxx, Xxxxx 00000 Attention: Xxxx Xxxxxx / Xxxx Xxxxxxx Telephone: (000) 000-0000 Fax: (000) 000-0000 email: xxxxxxx@xxxxxxxxxxx.xxx / xxxxxxxx@xxxxxxxxxxx.xxx with a copy to: X.X. Xxxxxx, Inc. 000 Xxxxxxxx Xxxxxx, Xxxxx 000 Xxxx Xxxxx, Xxxxx 00000 Attention: Xxx Xxxxxxx or Xxxx Xxxxxxx Telephone: (000) 000-0000 If to U.S. Bank as a Buyer or the Administrative Agent: U.S. Bank National Association 800 Nicollet Mall Mail Station: BC-MN-H03B Xxxxxxxxxxx, XX 00000 Attention: Xxxxx Xxxxxxx Telephone: ; provided that the foregoing shall not apply to notices to any Lender pursuant to Article II (000Commitments and Funding) 000-0000 Fax: if such Lender has notified the Administrative Agent that it is incapable of receiving notices under such Article II (000) 000-0000 email: xxxxx.xxxxxxx@xxxxxx.xxx If to the other Buyers, at the addresses shown on Schedule 23.