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<br />Section 6. <br /> <br />Notices. <br /> <br />Any notices required or permitted under this Agreement shall be given in writing, and <br />shall be deemed to be received upon receipt or refusal after mailing of the same in the United <br />States Mail by certified mail, postage fully pre-paid or by overnight courier (refusal shall mean <br />return of certified mail not accepted by the addressee): <br /> <br />ifto the Company, to: <br /> <br />APM Terminals Virginia, Inc. <br />1000 APM Terminals Boulevard <br />Portsmouth, Virginia 23708 <br />Attention: Terminal Manager <br /> <br />if to the Locality, to: <br /> <br />City of Portsmouth <br />801 Crawford Street <br />Portsmouth, Virginia 23704 <br />Attention: City Manager <br /> <br />copy to: <br /> <br />City of Portsmouth <br />801 Crawford Street <br />Portsmouth, Virginia 23704 <br />Attention: City Attorney <br /> <br />Section 7. <br /> <br />Miscellaneous. <br /> <br />(a) Entire Agreement; Amendments: This Agreement constitutes the entire agreement <br />between the parties hereto as to the subject matter contained herein and may not be amended or <br />modified, except in writing, signed by each of the parties hereto. This Agreement shall be <br />binding upon and inure to the benefit of the parties hereto and their respective successors and <br />assigns. The Company may not assign its rights and obligations under this Agreement without <br />the prior written consent of the Locality and VEDP. <br /> <br />(b) Governing Law; Venue: This Agreement is made, and is intended to be <br />performed, in the Commonwealth and shall be construed and enforced by the laws of the <br />Commonwealth. Jurisdiction and venue for any litigation arising out of or involving this <br />Agreement shall lie in the Circuit Court of the City of Portsmouth, and such litigation shall be <br />brought only in such court. <br /> <br />-5- <br />