|20 || |
MODIFICATION AND WAIVER
No supplement, modification or amendment of this Agreement shall be binding unless executed in writing by the Company and Indemnitee. No waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver of any other provisions of this Agreement nor shall any waiver constitute a continuing waiver.
All notices, requests, demands and other communications under this Agreement shall be in writing and shall be deemed to have been duly given (i) if delivered by hand and received for by the party to whom said notice or other communication shall have been directed, on such delivery, (ii) if mailed by certified or registered mail with postage prepaid, on the third (3rd) business day after the date on which it is so mailed, or (iii) if sent by electronic mail during normal business hours of the recipient, on such delivery, and if sent by electronic mail not sent during normal business hours, then on the recipients next business day.
| ||(a) || |
If to Indemnitee, at the address indicated on the signature page of this Agreement or such other address as Indemnitee shall provide in writing to the Company.
| ||(b) || |
If to the Company, to:
Perception Capital Corp. II
315 Lake Street East, Suite 301
Wayzata, MN 55391
Attn: Rick Gaenzle
With copies, which shall not constitute notice, to:
Skadden, Arps, Slate, Meagher & Flom LLP
525 University Avenue, Suite 1400
Palo Alto, California 94301
Attn: Gregg A. Noel, Esq., and Michael J. Mies, Esq.
or to any other address as may have been furnished to Indemnitee in writing by the Company.