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it <br /> CONCENTRIC <br /> I N T E G R AT I O N <br /> 16.3 Notices. All notices, requests, consents, claims, demands, waivers, and other communications under this <br /> Agreement have binding legal effect only if in writing and addressed to a party as follows(or to such other address or such <br /> other person that such party may designate from time to time in accordance with this Section 16.3): <br /> If to Consultant: Concentric Integration, LLC <br /> 8678 Ridgefield Rd. <br /> Crystal Lake, IL 60012 <br /> Attn: Mike Klein <br /> Facsimile: (815)455-0450 <br /> E-mail: mklein@goconcentric.com <br /> If to Customer: At the addresses and to the attention as specified in the Signed Acceptance <br /> Document. <br /> Notices sent in accordance with this Section 16.3 will be deemed effectively given: (a) when received, if delivered by <br /> hand, with signed confirmation of receipt; (b)when received, if sent by a nationally recognized overnight courier,signature <br /> required; (c) when sent, if by facsimile or e-mail, (in each case, with confirmation of transmission), if sent during the <br /> addressee's normal business hours,and on the next business day, if sent after the addressee's normal business hours;and <br /> (d)on the third (31d)day after the date mailed by certified or registered mail, return receipt requested, postage prepaid. <br /> 16.4 Interpretation.For purposes of this Agreement,(a)the words"include,""includes"and"including"are deemed <br /> to be followed by the words "without limitation;" (b)the word "or" is not exclusive; (c)the words"herein," "hereof," "hereby," <br /> "hereto"and "hereunder" refer to this Agreement as a whole; (d) words denoting the singular have a comparable meaning <br /> when used in the plural, and vice-versa; and (e) words denoting any gender include all genders. The parties intend this <br /> Agreement to be construed without regard to any presumption or rule requiring construction or interpretation against the <br /> party drafting an instrument or causingany instrument to be drafted.Any exhibits,attachments,and riders referred to herein <br /> are an integral part of this Agreement to the same extent as if they were set forth verbatim herein. The headings in this <br /> Agreement are for reference only and do not affect the interpretation of this Agreement. <br /> 16.5 Entire Agreement:Amendment and Modification;Waiver.This Agreement,together with any other documents <br /> incorporated herein by reference,constitutes the sole and entire agreement of the parties with respect to the subject matter <br /> of this Agreement and supersedes all prior and contemporaneous understandings, agreements, representations and <br /> warranties, both written and oral,with respect to such subject matter. No amendment to or modification of this Agreement <br /> is effective unless it is in writing and signed by each party. No waiver by any party of any of the provisions hereof shall be <br /> effective unless explicitly set forth in writing and signed by the party so waiving. Except as otherwise set forth in this <br /> Agreement, no failure to exercise, or delay in exercising, any rights, remedy, power,or privilege arising from this Agreement <br /> shall operate or be construed as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power, or <br /> privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power, or <br /> privilege <br /> 16.6 Assignment.Customer shall not assign or otherwise transfer any of its rights,or delegate or otherwise transfer <br /> any of its obligations or performance, under this Agreement, in each case whether voluntarily, involuntarily, by operation of <br /> law,or otherwise, without Consultant's prior written consent. No delegation or other transfer will relieve Customer of any of <br /> its obligations or performance under this Agreement. Any purported assignment, delegation, or transfer in violation of this <br /> Section 16.6 is void. This Agreement is binding upon and inures to the benefit of the parties hereto and their respective <br /> permitted successors and assigns. <br /> 16.7 No Third-Party Beneficiaries.This Agreement is for the sole benefit of the parties hereto and their respective <br /> permitted successors and permitted assigns and nothing herein,express or implied, is intended to or shall confer upon any <br /> other Person any legal or equitable right,benefit,or remedy of any nature whatsoever,under or by reason of this Agreement. <br /> 16.8 Severability. If any provision of this Agreement is invalid, illegal, or unenforceable in any jurisdiction, such <br /> invalidity, illegality or unenforceability shall not affect any other provision of this Agreement or invalidate or render <br /> unenforceable such provision in any other jurisdiction. Upon such determination that any provision is invalid, illegal, or <br /> unenforceable,the parties hereto shall negotiate in good faith to modify this Agreement so as to effect the original intent of <br /> Concentric Integration,LLC I Standard Terms and Conditions v10.1 <br /> Page 13 of 14 <br />