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With a Copy to: Thompson Hine LLP <br />41 South High Street, Suite 1700 <br />Columbus, Ohio 43215-6101 <br />Attn: Carolyn S. Flahive <br />Telephone: (614) 469-3200 <br />Facsimile: (614) 469-3361 <br />Email: Carolyn.Flahive@ThompsonHine.com <br />If to Village: Village of Mayfield, Ohio <br />6622 Wilson Mills Road <br />Mayfield Village, Ohio 44143 <br />Attn: Mayor and Finance Director <br />Telephone: (440) 461-2210 <br />.Facsimile: (440) 461-7349 <br />Email: mbetsa@mayfieldvillage.com <br />With a Copy to: Joseph W. Diemert, Jr. & Associates Co., LPA <br />Attn: Joseph W. Diemert, Jr. Director of Law <br />1360 S.O.M. Center Road <br />Cleveland, Ohio 44124 <br />Telephone: (440) 442-6800 <br />Facsimile: (440) 442-0825 <br />Email: Receptionist@diemertlaw.com <br />Either Party may, by proper notice to the other Party, designate any other address for the giving <br />of notice. Any notice will be deemed to have been given on (a) actual delivery or refusal to <br />accept delivery, (b) the day of mailing by registered or certified mail, or (c) the day facsimile <br />transmission is verified. <br />14.4 Force Majeure. With the exception of payment of fees and charges due under this <br />Agreement, a Party will be excused from performance if its performance is prevented by acts or <br />events beyond the Party's control, including but not limited to, severe weather and storms; <br />earthquakes or other natural occurrences; strikes or other labor unrest; nuclear or other civil or <br />military emergencies; or acts of legislative, judicial, executive, or administrative authorities. <br />14.5 Severability. If any provision(s) of this Agreement will be determined to be void by any <br />court of competent jurisdiction, then such determination will not affect any other provision of <br />this Agreement and all such other provisions will remain in full force and effect and will be valid <br />and enforceable to the fullest extent permitted by law. <br />14.6 Modifications. No modification, release, discharge, or waiver of any provision(s) of this <br />Agreement will be of any force, effect or value unless in writing signed by both Parties or their <br />duly authorized agent or attorney. <br />14.7 Waiver. The failure of either Party to enforce or insist upon compliance with any of the <br />provisions of this Agreement or the. waiver thereof in any instance will not be construed by the <br />15 As of 01/29/2009 <br />