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<br />~ <br /> <br />l> <br /> <br />any specific default be construed or treated as a waiver ofthe rights of the City with respect to any <br />other default under this Agreement or with respect to that particular default, except to the extent <br />specifically waived in writing. <br /> <br />ARTICLE XII: NOTICE <br /> <br />12.1 Method of Notice. All notices, requests, consents or other communications <br />hereunder shall be in writing and shall be personally delivered, sent by overnight courier for next <br />day delivery, shipping charges prepaid, or sent by facsimile, the sender of the facsimile maintaining <br />a copy of a printout that documents the date, time and telephone number to which the facsimile was <br />sent. All notices, requests, consents or other communications hereunder shall be addressed as <br />follows (or to such other address as either party may designate by written notice served upon the <br />other party in accordance herewith): <br /> <br />Ifto Seller: PORT CENTER ONE ASSOCIATES, LLC <br />5801 Harbour View Boulevard <br />Suffolk, Virginia 23435 <br />Attention: Robert T. Williams, President <br />facsimile: (757) 484-9836 <br /> <br />with copy to: COOPER, SPONG & DAVIS, P.C. <br />200 High Street <br />Suite 500 <br />Portsmouth, Virginia 23704 <br />Attn: David R. Tynch <br />facsimile: (757) 397-8167 <br /> <br />If to the City: THE CITY OF PORTSMOUTH, VIRGINIA <br />Portsmouth City Hall <br />801 Crawford Street <br />Portsmouth, Virginia 23704 <br />Attention: Kenneth L. Chandler, City Manager <br />facsimile: (757) 393-5241 <br /> <br />with copy to: CITY ATTORNEY'S OFFICE <br />Portsmouth City Hall <br />80 I Crawford Street <br />Portsmouth, Virginia 23704 <br />Attn: G. Timothy Oksman, City Attorney <br />facsimile: (757) 393-5062 <br /> <br />12.2 Receipt of Notice. Any such request, consent or other communication shall be <br />deemed received at such time as is personally delivered or upon receipt if it is mailed, sent by <br /> <br />-23- <br /> <br />Draft #4.1 <br />