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IDA at: c/o Portsmouth Department of Economic Development <br /> ATTN: Director <br /> 200 High Street, Suite 200 <br /> Portsmouth, Virginia 23704 <br /> <br /> (c) All notices, demands or requests from IDA to City shall be given to: <br /> <br /> City at: G. Timothy Oksman, City Attorney <br /> City of Portsmouth <br /> Civic Center, 801 Crawford Parkway <br /> Portsmouth, Virginia 23704 <br /> <br /> (d) Either party may change its address for notices from time to time by <br />giving notice of its new address to the other party pursuant to this Section. <br /> <br /> 4.2 Assignment. Neither the City nor IDA shall have the right to assign or transfer its <br />respective rights, liabilities and obligations under this Cooperation Agreement to any person <br />without the prior written consent of the other party. This Cooperation Agreement shall be <br />binding upon, inure to the benefit of and be enforceable by the City and IDA and their respective <br />successors and permitted assigns. <br /> <br /> 4.3 No Third Partv Beneficiaries. Except as permitted by Section 5.2, no person, <br />including without limitation the Lessor or Lessors construction or permanent Lender, shall be a <br />third party beneficiary of this Cooperation Agreement. <br /> <br /> 4.4 Entire Agreement: Amendments. This Cooperation Agreement constitutes the <br />entire understanding between the parties with respect to the subject matter hereof and supersedes <br />all prior negotiations, representations, statements or agreements, whether written or oral, between <br />the parties hereto. This Cooperation Agreement may be amended only by a written agreement <br />executed and delivered by each party hereto and consented to in writing by Lessor and the <br />Lessors construction or permanent lender pursuant to Section 5.2. <br /> <br /> 4.5 Relevant Law. This Cooperation Agreement shall be governed by Virginia law. <br />All actions relating to this Cooperation Agreement shall be instituted and litigated in state or <br />federal courts sitting in Virginia. <br /> <br /> 4.6 Partial Invalidity. If any term or provision of this Cooperation Agreement or the <br />application thereof to any person or circumstance shall to any extent be held invalid or <br />unenforceable by a court of competent jurisdiction, the other provisions of this Cooperation <br />Agreement, or the application of such provisions to persons or circumstances other than those to <br />which it is held invalid or unenforceable, shall not be affected thereby and each provision of this <br />Cooperation Agreement shall be valid and be enforced to the fullest extent permitted by law. <br /> <br />DRAFT December 31,1999 4 <br /> <br /> <br />