delivery, personal email with return receipt requested, facsimile with confirmation of receipt, overnight delivery, or first class mail, certified or registered with return receipt requested, with postal or delivery charges prepaid, and shall be deemed to have been duly given when delivered personally, emailed, or three days after mailing first class, certified or registered with return receipt requested.
Section 6.8 Entire Plan. The 2016 LTIP supersedes any and all other agreements either oral or written, between the parties hereto with respect to the subject matter hereof. In addition, it shall be a condition to participating in the 2016 LTIP that a Participant waive all rights and benefits the Participant may have had under the Prior LTIP. In no event shall any Participant be entitled to payment under the 2016 LTIP and the Prior LTIP.
Section 6.9 Severability and Waiver. If any provision contained in the 2016 LTIP shall be held to be invalid, illegal or unenforceable under present or future laws effective during the term hereof, such provision shall be fully severable; the 2016 LTIP shall be construed and enforced as if such illegal, invalid, or unenforceable provision had never comprised a part hereof; and the remaining provisions hereof shall remain in full force and effect and shall not be affected by the illegal, invalid, or unenforceable provision or by its severance herefrom. Furthermore, in lieu of such illegal, invalid, or unenforceable provision, there shall be added automatically by the parties as a part hereof a provision as similar in terms to such illegal, invalid or unenforceable provision as may be possible and be legal, valid and enforceable, and the parties hereby agree to such provision. Waiver by any party of any breach of the 2016 LTIP or failure to exercise any right hereunder shall not be deemed to be a waiver of any other breach or right. The failure of any party to take action by reason of such breach or to exercise any such right shall not deprive the party of the right to take action at any time while or after such breach or condition giving rise to such rights continues.
Section 6.10 Modifications. No change or modification of the 2016 LTIP shall be valid or binding upon the parties hereto, nor shall any waiver of any term or condition be so binding, unless such change or modification or waiver shall be in writing and signed by the Company. No such change or modification to the 2016 LTIP shall apply to outstanding Award Agreements except to the extent necessary to confirm the terms of the 2016 LTIP to the requirements of Internal Revenue Code Section 409A or other applicable tax laws.
Section 6.11 Binding Effect. The 2016 LTIP shall be binding upon and inure to the benefit of (i) each Participant and Participants executors, administrators, personal representatives and heirs, and (ii) the Company, its successors and assigns.
Section 6.12 Headings and Interpretation. Headings are for convenience only and arc not deemed to be part of the 2016 LTIP. Unless otherwise indicated, any reference to a Section herein is a reference to a Section of the 2016 LTIP.
Section 6.13 No Guarantee of Tax Consequences. No person connected with the 2016 LTIP in any capacity, including, but not limited to, the Company or any Affiliate and their respective members, partners, directors, officers, agents and employees, makes any representation, commitment or guarantee that any tax treatment, including, but not limited to, federal, state and local income, estate and gift tax treatment, will be applicable with respect to