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deemed received on the next business day if it is received after <br /> 5:00 p.m. (recipients time) or on a nonbusiness day. <br /> 6. E -mail transmission. When sent by e-mail using software that <br /> provides unmodifiable proof (i) that the message was sent, (ii) that <br /> the message was delivered to the recipients information processing <br /> system, and (iii) of the time and date the message was delivered to <br /> the recipient along with a verifiable electronic record of the exact <br /> content of the message sent. <br /> Addresses for the purpose of giving notice are as shown in Paragraph B.(1) of this <br /> Agreement. <br /> (b) Any correctly addressed notice that is refused, unclaimed, or <br /> undeliverable because of an act or omission of the party to be notified <br /> shall be deemed effective as of the first date that said notice was refused, <br /> unclaimed, or deemed undeliverable by the postal authorities, messenger <br /> or overnight delivery service. <br /> (c) Any party may change its address, telex, fax number, or e-mail address by <br /> giving the other party notice of the change in any manner permitted by this <br /> Agreement. <br /> (d) All notices, requests, demands, amendments, modifications or other <br /> communications under this Agreement shall be in writing. Notice shall be <br /> sufficient for all such purposes if personally delivered, sent by first class, <br /> registered or certified mail, return receipt requested, delivery by courier <br /> with receipt of delivery, facsimile transmission with written confirmation of <br /> receipt by recipient, or e -mail delivery with verifiable and unmodifiable <br /> proof of content and time and date of sending by sender and delivery to <br /> recipient. Notice is effective on confirmed receipt by recipient or 3 <br /> business days after sending, whichever is sooner. <br /> (4) Modification <br /> This Agreement may be supplemented, amended, or modified only by the mutual <br /> agreement of the parties. No supplement, amendment, or modification of this <br /> Agreement shall be binding unless it is in writing and signed by the party to be charged. <br /> (5) Survival <br /> All representations, warranties, and covenants contained in this Agreement, or in any <br /> instrument, certificate, exhibit, or other writing intended by the parties to be a part of <br /> their Agreement shall survive the termination of this Agreement until such time as all <br /> amounts in Employer's Prefunding Account have been disbursed. <br /> Rev 6/23/2010 9 <br />