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1300 I Street,NW <br /> 5th Floor <br /> Washington, DC 20005 <br /> All notices in connection with this Agreement will be deemed to have been delivered: (a) five(5) <br /> days after deposit if delivered by U.S. certified mail; (b) the date delivery is made by personal <br /> delivery or overnight delivery; or (c) the date an attempt to make delivery fails if a party changes <br /> its address without proper notice or refuses to accept delivery after an attempt. The parties may <br /> change the notice addresses above from time-to-time through written notice to the addresses above <br /> or the then-current notice address. <br /> 15.3 ENCROACHER designates the person(s) listed below as its project manager(s) to <br /> coordinate ENCROACHER's Network Facilities engineering,installation,construction,operation <br /> and maintenance, and serve ENCROACHER's respective primary contact person for all such <br /> issues that may arise between the parties in connection with this Agreement. If no person is <br /> designated by ENCROACHER prior to the Effective Date, then ENCROACHER shall designate <br /> a person through a written notice promptly following CITY's written request to do so. The project <br /> manager(s) will have no obligation to personally perform any term or covenant to be performed <br /> under this Agreement.Notices to the project manager(s) alone will not be deemed effective notice <br /> for any purpose under this Agreement. <br /> ENCROACHER's Project Manager(s): <br /> Jason(Jay) Ferguson <br /> Eng III Spec—Ntwk Eng & Ops <br /> jason.fergusonl@verizon.com <br /> SECTION 16 <br /> MISCELLANEOUS <br /> 16.1 This Agreement contains the entire understanding between the parties with respect <br /> to the subject matter herein. There are no representations, agreements or understandings (whether <br /> oral or written)between or among the parties relating to the subject matter of this Agreement which <br /> are not fully expressed herein. This Agreement may be not amended except pursuant to a written <br /> instruction signed by all parties. <br /> 16.2 The failure of either party hereto to enforce any of the provisions of this Agreement, <br /> or the waiver thereof in any instance shall not be construed as a general waiver or relinquishment <br /> on its part of any such provision, but the same shall nevertheless be and remain in full force and <br /> effect. <br /> 16.3 This Agreement may be executed in one or more counterparts, all of which taken <br /> together shall constitute one and the same instrument. <br /> 16.4 Notwithstanding any other provision in this Agreement, in the event that the <br /> Alameda County Assessor or other tax authority determines that this Agreement creates a <br /> {00053614;%1} -18- <br />