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This Operating Agreement shall be deemed and construed to be a "net- net -net obligation" and User hereby agrees that the User Payments shall annually be an absolute net return to the Authority, free and clear of any expenses, charges or set -offs whatsoever. Section 6.09. California Law. This Operating Agreement shall be construed and governed in accordance with the laws of the State of California. Section 6.10. Notices. Any notice, request, complaint, demand or other communication under this Operating Agreement shall be given by first class mail or personal delivery to the party entitled thereto at its address as set forth below, or by facsimile transmission or other form of telecommunication, at its number set forth below. Notice shall be effective either (a) upon transmission by facsimile transmission or other form of telecommunication, (b) forty -eight (48) hours after deposit in the United States of America first class mail, postage prepaid, or (c) in the case of personal delivery to any person, upon actual receipt. User, the Authority or the Trustee may, by written notice to the other parties, from time to time modify the address or number to which communications are to be given hereunder. Authority: East Bay Regional Communications System Authority Alameda County Office of Homeland Security and Emergency Services 4985 Broder Boulevard Dublin California 94568 Facsimile: (925) Attention: William J McCammon, Executive Director User: [Name, Address and Facsimile Number Attention: [City Manager and/or Finance Department and/or User Department] Trustee: [Name, Address and Facsimile Number] Section 6.11. Effective Date. This Operating Agreement shall become effective upon its execution and delivery, and shall terminate as set forth in Section 2.03 hereof. Section 6.12. Execution in Counterparts. This Operating Agreement may be executed in several counterparts, each of which shall be deemed an original, and all of which shall constitute but one and the same instrument. Section 6.13. Amendments. Project Operating Agreement 090910 - 22 -