Notices Contract Clauses (104,236)

Notices. Any notice that you or the Company is are required to or may desire to give you the other under this Agreement shall be given by personal delivery, recognized overnight courier service, email, telecopy or registered or certified mail, return receipt requested, addressed in your case to you at your last address of record with the Company, or at such other place as you may from time to time designate in writing. Any notice that you are required or may desire to give writing, and, in the case of... the Company, to the Company hereunder shall be given by personal delivery, recognized overnight courier service, email, telecopy or by registered or certified mail, return receipt requested, addressed to the Company's General Counsel at its principal office, or at such other office as the Company may from time to time designate in writing. The date of actual delivery of any notice under this Section 13 9 shall be deemed to be the date of delivery receipt thereof. View More

Notices. Any notice, consent, request, bill, demand or statement hereunder (each, a "Notice") by either party to the other party shall be in writing and shall be deemed to have been duly given when either delivered by hand or by nationally recognized overnight courier (in either case with evidence of delivery or refusal thereof) addressed as follows: 56 If to Landlord: King 87 CPD 4 Hartwell Place, LLC c/o King Street Properties 200 CambridgePark Cambridge Park Drive Cambridge, MA 02140 Attention:... Stephen D. Lynch With a copy to: Goulston & Storrs PC 400 Atlantic Avenue Boston, MA 02110 Attention: King Street PAGE 42 If Raymond M. Kwasnick, Esquire if to Tenant prior Tenant: Prior to the Term Commencement Date, to the address set forth in the Lease Summary Sheet. If to Tenant following Date: Bicycle Therapeutics, Inc. 200 Cambridge Park Drive, 2nd Floor Cambridge, MA 02140 Attention: Ros Deegan After the Term Commencement Date: Dicerna Pharmaceuticals, Inc. 87 CambridgePark Drive Cambridge, MA 02140 The Premises Attention: Jim Weissman Ros Deegan With a copy to: Faber Daeufer & Itrato PC 950 Winter Street, Suite 4500 Waltham, MA 02451 Attn: Brian Connelly Dechert LLP 1095 Avenue of the Americas New York, NY 10036 Attention: Francois Quintard-Morenas, Esquire Notwithstanding the foregoing, any notice from Landlord to Tenant regarding ordinary business operations (e.g., exercise of a right of access to the Premises, maintenance activities, invoices, etc.) etc., but expressly not a default or any notice which may materially impact Tenant's rights hereunder) may also be given by written notice delivered by facsimile to any person at the Premises whom Landlord reasonably believes is authorized to receive such notice on behalf of Tenant without copies as specified above. Either party may at any time change the address or specify an additional address for such Notices by delivering or mailing, as aforesaid, to the other party a notice stating the change and setting forth the changed or additional address, provided such changed or additional address is within the United States. Notices shall be effective upon the date of receipt or refusal thereof. View More

Notices. Any notice, consent, request, bill, demand or statement hereunder (each, a "Notice") by either party to the other party shall be in writing and shall be deemed to have been duly given when either delivered by hand or by nationally recognized overnight courier (in either case with evidence of delivery or refusal thereof) addressed as follows: If to Landlord: King 87 200 CPD LLC c/o King Street Properties 200 CambridgePark Drive Cambridge, MA 02140 Attention: Stephen D. Lynch With a copy to:... Goulston & Storrs PC 400 Atlantic Avenue Boston, MA 02110 Attention: King Street PAGE 42 With a copy to: Capital One, National Association 90 Park Avenue, 4th Floor New York, New York 10016 Attn: Commercial Real Estate Banking and to: Morrison & Foerster LLP 250 West 55th Street New York, New York 10019 Attn: Jeffrey Temple, Esq If to Tenant prior to the Term Commencement Date, to the address set forth in the Lease Summary Sheet. If to Tenant following the Term Commencement Date: Dicerna Pharmaceuticals, Inc. 87 Tenant: Unum Therapeutics 200 CambridgePark Drive Cambridge, MA 02140 Attention: Jim Weissman With a copy to: Faber Daeufer & Itrato PC 950 Winter Street, Suite 4500 Waltham, MA 02451 Attn: Brian M. Connelly Tenant's Designated Personnel (for the purposes of Section 2.4): PAGE 60 Email Address: Email Address: Notwithstanding the foregoing, any notice from Landlord to Tenant regarding ordinary business operations (e.g., exercise of a right of access to the Premises, maintenance activities, invoices, etc.) may also be given by written notice delivered to any person at the Premises whom Landlord reasonably believes is authorized to receive such notice on behalf of Tenant without copies as specified above. Either party may at any time change the address or specify an additional address for such Notices by delivering or mailing, as aforesaid, to the other party a notice stating the change and setting forth the changed or additional address, provided such changed or additional address is within the United States. Notices shall be effective upon the date of receipt or refusal thereof. View More

Notices. Any notice, consent, request, bill, demand or statement hereunder (each, a "Notice") by either party to the other party shall be in writing and shall be deemed to have been duly given when either delivered by hand or by nationally recognized overnight courier (in either case with evidence of delivery or refusal thereof) addressed as follows: If to Landlord: King 87 Landlord:King 200 CPD LLC c/o King Street Properties 200 CambridgePark Drive Cambridge, MA 02140 Attention: Stephen D. Lynch With a... copy to: Goulston to:Goulston & Storrs PC 400 Atlantic Avenue Boston, MA 02110 Attention: King Street PAGE 42 If if to Tenant prior Tenant:(Prior to Commencement Date): Enumeral Biomedical Holdings, Inc. One Kendall Square Building 400, 4th Floor Cambridge, MA 02139 Attention: Arthur H. Tinkelenberg (Following the Term Commencement Date, to the address set forth in the Lease Summary Sheet. If to Tenant following the Term Commencement Date: Dicerna Pharmaceuticals, Date): Enumeral Biomedical Holdings, Inc. 87 200 CambridgePark Drive Cambridge, MA 02140 Attention: Jim Weissman With a copy to: Faber Daeufer & Itrato PC 950 Winter Street, Suite 4500 Waltham, MA 02451 Attn: Brian Connelly Arthur H. Tinkelenberg PAGE 46 Notwithstanding the foregoing, any notice from Landlord to Tenant regarding ordinary business operations (e.g., exercise of a right of access to the Premises, maintenance activities, invoices, etc.) may also be given by written notice delivered by facsimile to any person at the Premises whom Landlord reasonably believes is authorized to receive such notice on behalf of Tenant without copies as specified above. Either party may at any time change the address or specify an additional address for such Notices by delivering or mailing, as aforesaid, to the other party a notice stating the change and setting forth the changed or additional address, provided such changed or additional address is within the United States. Notices shall be effective upon the date of receipt or refusal thereof. View More

Notices. Any notice required or permitted to be given under this Agreement is sufficient if in writing and is considered given (i) (a) when mailed by certified mail (return receipt requested), postage prepaid, or (ii) (b) on the date of actual delivery by hand or overnight delivery, with receipt acknowledged, as follows: if to Columbia, to: Executive Director Columbia Technology Ventures Columbia University 80 Claremont Avenue, #4F, Mail Code 9606 New York, NY 10027-5712 copy to: General Counsel... Columbia University 412 Low Memorial Library 535 West 116th Street, Mail Code 4308 New York, New York 10027 if to the Company, to: Tonix Pharmaceuticals Holding Corp. Pharmaceuticals, Inc.. 509 Madison Avenue Suite 306 1608 New York, NY 10022 Attn: Seth Lederman 24 copy to (which shall not constitute notice): Lowenstein Sandler LLP One Lowenstein Drive Roseland, New Jersey 07068 Attn: Michael J. Lerner, Esq. provided, further, except for notices of breach, Columbia may send correspondence related to the Patents in accordance with Section 11 to the following email address: jessica.morris@tonixpharma.com; or to such other address as a party may specify by notice hereunder. under this Agreement. View More

Notices. Any notice required or permitted to be given under this Agreement is shall be sufficient if in writing and is shall be considered given (i) when mailed by certified mail (return receipt requested), postage prepaid, or (ii) on the date of actual delivery by hand or overnight delivery, with receipt acknowledged, as follows: or (iii) by facsimile or electronic transmission, with written receipt of delivery: if to Columbia, to: Executive to:Executive Director Columbia Technology Ventures Columbia... University 80 Claremont Avenue, #4F, Mail Code 9606 New York, NY 10027-5712 copy to: General to:General Counsel Columbia University 412 Low Memorial Library 535 West 116th Street, Mail Code 4308 New York, New York 10027 if to the Company, to: Tonix Pharmaceuticals Holding Corp. 509 Madison Avenue Suite 306 New York, NY 10022 Attn: Seth Lederman 24 copy to (which shall not constitute notice): Lowenstein Sandler LLP to:Vixen Pharmaceuticals, Inc. c/o Sills Cummis & Gross P.C. One Lowenstein Drive Roseland, Riverfront Plaza Newark, New Jersey 07068 Attn: Michael J. Lerner, 07102 Attention: Lori M. Waldron, Esq. or to such other address as a party may specify by notice hereunder. View More

Notices. 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 receipted for by the party to whom said notice or other communication shall have been directed, on such delivery, or (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: (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: GigCapital5, Inc. 1731 Embarcadero Rd., Suite 200 Palo Alto, CA 94303 EQ Health Acquisition Corp. 4611 Bee Cave Road, Ste. 213 Austin, TX 78746 Attention: Dr. Raluca Dinu Scott Ellyson With a copy, which shall not constitute notice, to DLA Piper LLP (US) 555 Mission Street, Ste. 2400 San Francisco CA 94105 Attn: Jeffrey C. Selman, Esq. Fax No. : (415) 659-7465 or to any other address as may have been furnished to Indemnitee in writing by the Company. View More

Notices. 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 receipted for by the party to whom said notice or other communication shall have been directed, on such delivery, or (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: (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: GigCapital5, GigCapital4, Inc. 1731 Embarcadero Rd., Suite 200 Palo Alto, CA 94303 Attention: Dr. Raluca Dinu 13 With a copy, which shall not constitute notice, to DLA Piper LLP (US) 555 Mission Street, Ste. 2400 San Francisco CA 94105 Attn: Jeffrey C. Selman, Esq. Fax No. : (415) 659-7465 or to any other address as may have been furnished to Indemnitee in writing by the Company. View More

Notices. All notices will be in writing and will be effective when delivered in person or sent via U.S. Mail or private carrier or via facsimile or email and confirmed by letter, to the party to whom it is addressed at the following addresses or such other address as such party may advise the other in writing: To the Company: APPlife Digital Solutions Dr. Robert T. McNally President & Chief Executive Officer GeoVax Labs, Inc. 555 California Street, 1900 Lake Park Drive Suite 4925 San Francisco, CA 94104... Attention: Matthew Reid 380 Atlanta, Georgia 30080 Telephone: (678) 384-7220 Facsimile: Email: rmcnally@geovax.com Members FINRA & SIPC 405 Lexington Ave. * New York, NY 10174 * tel (212) 895-3500 * (800) 724-0761 * fax (212) 895-3783 * www.maximgrp.com February 14, 2018 GeoVax Labs, Inc. With an electronic a copy sent to: legal@applifedigital.com Mark W. Reynolds Chief Financial Officer GeoVax Labs, Inc. 1900 Lake Park Drive Suite 380 Atlanta, Georgia 30080 Telephone: (678) 384-7220 Facsimile: (678) 384-7281 Email: mreynolds@geovax.com And T. Clark Fitzgerald III Womble Bond Dickinson (US) LLP 271 17th Street NW Suite 271 Atlanta, GA 30363-1017 Telephone: (404) 879-2455 Facsimile: Email: clark.fitzgerald@wbd-us.com To Maxim:James Maxim: James Siegel, Esq. Maxim Group LLC 405 Lexington Avenue New York, NY 10174 Telephone: (212) 895-3508 Facsimile: (212) 895-3888 895-3860 Email: Mr. Clifford Teller Maxim Group LLC 405 Lexington Avenue New York, NY 10174 10.Governing Law; Arbitration. Email: 10. Governing Law. This Agreement shall be enforced, governed by and construed in accordance with the laws of New York without regard to principles of conflict of laws. Any controversy between the parties to this Agreement, or arising out of the Agreement, Agreement shall be resolved by arbitration before the American Arbitration Association ("AAA") in New York City. The following arbitration agreement should be read in conjunction with these disclosures: Members FINRA & SIPC 405 Lexington Ave. * New York, NY 10174 * tel (212) 895-3500 * (800) 724-0761 * fax (212) 895-3783 * www.maximgrp.com New York, NY * Long Island, NY * Redbank, NJ APPlife Digital Solutions Inc. April 2020 (a)ARBITRATION disclosure. ARBITRATION IS FINAL AND BINDING ON THE PARTIES; (b)THE (b) THE PARTIES ARE WAIVING THEIR RIGHT TO SEEK REMEDIES IN COURT, INCLUDING THE RIGHT TO JURY TRIAL; (c)PRE-ARBITRATION (c) PRE-ARBITRATION DISCOVERY IS GENERALLY MORE LIMITED THAN AND DIFFERENT FROM COURT PROCEEDING; AND (d)THE (d) THE ARBITRATORS' AWARD IS NOT REQUIRED TO INCLUDE FACTUAL FINDING OR LEGAL REASONING AND ANY PARTY'S RIGHT TO APPEAL OR TO SEEK MODIFICATION OF RULINGS BY THE ARBITRATORS IS STRICTLY LIMITED. Members FINRA & SIPC 405 Lexington Ave. * New York, NY 10174 * tel (212) 895-3500 * (800) 724-0761 * fax (212) 895-3783 * www.maximgrp.com February 14, 2018 GeoVax Labs, Inc. ARBITRATION AGREEMENT. ANY AND ALL CONTROVERSIES, DISPUTES OR CLAIMS BETWEEN MAXIM THE UNDERSIGNED AND YOU OR YOUR AGENTS, REPRESENTATIVES, EMPLOYEES, DIRECTORS, OFFICERS OR CONTROL PERSONS, ARISING OUT OF, IN CONNECTION WITH, FROM OR WITH RESPECT TO (a) ANY PROVISIONS OF OR THE VALIDITY OF THIS AGREEMENT OR ANY RELATED AGREEMENTS, (b) THE RELATIONSHIP OF THE PARTIES HERETO, OR (c) ANY CONTROVERSY ARISING OUT OF YOUR BUSINESS SHALL BE CONDUCTED BY THE AMERICAN ARBITRATION ASSOCIATION UNDER ITS COMMERCIAL ARBITRATION RULES. ARBITRATION MUST BE COMMENCED BY SERVICE OF A WRITTEN DEMAND FOR ARBITRATION OR A WRITTEN NOTICE OF INTENTION TO ARBITRATE. IF YOU ARE A PARTY TO SUCH ARBITRATION, TO THE EXTENT PERMITTED BY THE RULES OF THE APPLICABLE ARBITRATION TRIBUNAL, THE ARBITRATION SHALL BE CONDUCTED IN NEW YORK, NEW YORK. THE DECISION AND AWARD OF THE ARBITRATORS(S) SHALL BE CONCLUSIVE AND BINDING UPON ALL PARTIES, AND ANY JUDGMENT UPON ANY AWARD RENDERED MAY BE ENTERED IN THE STATE OR FEDERAL COURTS LOCATED IN NEW YORK, NEW YORK, OR ANY OTHER COURT HAVING JURISDICTION THEREOF, AND NEITHER PARTY SHALL OPPOSE SUCH ENTRY. View More

Notices. All notices will be in writing and will be effective when delivered in person or sent via U.S. Mail or private carrier or via facsimile and confirmed by letter, to the party to whom it is addressed at the following addresses or such other address as such party may advise the other in writing: Members FINRA & SIPC 405 Lexington Ave * New York, NY 10174 * tel (212) 895-3500 * (800) 724-0761 * fax (212) 895-3783 * www.maximgrp.com New York, NY * Long Island, NY * Redbank, NJ Capnia, Inc. March 4,... 2015 Page 3 To the Company: APPlife Digital Solutions Anish Bhatnagar, M.D. President and Chief Executive Officer Capnia, Inc. 555 California Street, 3 Twin Dolphin Drive Suite 4925 San Francisco, 160 Redwood City, CA 94104 Attention: Matthew Reid With an electronic copy sent to: legal@applifedigital.com 94065 Telephone: (650) 213-8444 To Maxim:James Maxim: James Siegel, Esq. Maxim Group LLC 405 Lexington Avenue New York, NY 10174 Attention: James Siegel Telephone: (212) 895-3508 Facsimile: (212) 895-3888 895-3860 Mr. Clifford Teller Maxim Group LLC 405 Lexington Avenue New York, NY 10174 10.Governing Law; Arbitration. Attention: Clifford Teller Telephone: (212) 895-3773 Facsimile: (212) 895-3860 8. Governing Law: Jurisdiction; Waiver of Jury Trial. This Agreement shall be enforced, governed by and construed in accordance with the laws of New York without regard to principles of conflict of laws. Any controversy between the parties to this Agreement, or arising out of the Agreement, shall be resolved by arbitration before the American Arbitration Association ("AAA") Financial Industry Regulatory Authority ("FINRA") in New York City. The following arbitration agreement should be read in conjunction with these disclosures: Members FINRA & SIPC 405 Lexington Ave. * New York, NY 10174 * tel (212) 895-3500 * (800) 724-0761 * fax (212) 895-3783 * www.maximgrp.com New York, NY * Long Island, NY * Redbank, NJ APPlife Digital Solutions Inc. April 2020 (a)ARBITRATION (a) ARBITRATION IS FINAL AND BINDING ON THE PARTIES; (b)THE (b) THE PARTIES ARE WAIVING THEIR RIGHT TO SEEK REMEDIES IN COURT, INCLUDING THE RIGHT TO JURY TRIAL; (c)PRE-ARBITRATION (c) PRE-ARBITRATION DISCOVERY IS GENERALLY MORE LIMITED THAN AND DIFFERENT FROM COURT PROCEEDING; AND (d)THE (d) THE ARBITRATORS' AWARD IS NOT REQUIRED TO INCLUDE FACTUAL FINDING OR LEGAL REASONING AND ANY PARTY'S RIGHT TO APPEAL OR TO SEEK MODIFICATION OF RULINGS BY THE ARBITRATORS IS STRICTLY LIMITED. LIMITED; AND ARBITRATION AGREEMENT. ANY AND ALL CONTROVERSIES, DISPUTES OR CLAIMS BETWEEN MAXIM THE UNDERSIGNED AND YOU OR YOUR AGENTS, REPRESENTATIVES, EMPLOYEES, DIRECTORS, OFFICERS OR CONTROL PERSONS, ARISING OUT OF, IN CONNECTION WITH, FROM OR WITH RESPECT TO (a) ANY PROVISIONS OF OR THE VALIDITY OF THIS AGREEMENT OR ANY RELATED AGREEMENTS, (b) THE RELATIONSHIP OF THE PARTIES HERETO, OR (c) ANY CONTROVERSY ARISING OUT OF YOUR BUSINESS SHALL BE CONDUCTED BY PURSUANT TO THE AMERICAN CODE OF ARBITRATION ASSOCIATION UNDER ITS COMMERCIAL ARBITRATION RULES. PROCEDURE OF FINRA. ARBITRATION MUST BE COMMENCED BY SERVICE OF A WRITTEN DEMAND FOR ARBITRATION OR A WRITTEN NOTICE OF INTENTION TO ARBITRATE. IF YOU ARE A Members FINRA & SIPC 405 Lexington Ave * New York, NY 10174 * tel (212) 895-3500 * (800) 724-0761 * fax (212) 895-3783 * www.maximgrp.com New York, NY * Long Island, NY * Redbank, NJ Capnia, Inc. March 4, 2015 Page 4 PARTY TO SUCH ARBITRATION, TO THE EXTENT PERMITTED BY THE RULES OF THE APPLICABLE ARBITRATION TRIBUNAL, THE ARBITRATION SHALL BE CONDUCTED IN NEW YORK, NEW YORK. THE DECISION AND AWARD OF THE ARBITRATORS(S) SHALL BE CONCLUSIVE AND BINDING UPON ALL PARTIES, AND ANY JUDGMENT UPON ANY AWARD RENDERED MAY BE ENTERED IN THE STATE OR FEDERAL COURTS LOCATED IN NEW YORK, NEW YORK, OR ANY OTHER A COURT HAVING JURISDICTION THEREOF, AND NEITHER PARTY SHALL OPPOSE SUCH ENTRY. View More

Notices. All communications and notices hereunder shall be deemed to have been properly given or served for all purposes when personally delivered to the party to whom it is directed, or in lieu of such personal service, if received by certified or registered United States mail, postage prepaid, at the following addresses: If to Bank at: P.O. at:P.O. Box BW Hagatna, Guam 96932 If to Executive Vice President at: P.O. Employee residence at:138 Agaga AvenueYigo, Guam 96929 If to Employee mailing at:P.O.... Box 92 Hagatna, 218080 Barrigada, Guam 96932 96921 Either party may change the address provided above by giving written notice of such change to the other party as herein provided. View More

Notices. Any notice required to be given or delivered to the Corporation under the terms of this Agreement shall be in writing and addressed to the Corporation at its principal corporate offices and directed to the attention of Stock Plan Administrator. offices. Any notice required to be given or delivered to the Participant Warrantee shall be in writing and addressed to the Participant Warrantee at the most current address then indicated for the Participant Warrantee on the Corporation's employee... records or shall be delivered electronically to the Participant Warrantee through the Corporation's electronic mail system. system or through an on-line brokerage firm authorized by the Corporation to effect Warrant exercises through the internet. All notices shall be deemed effective upon personal delivery or delivery through the Corporation's electronic mail system or upon deposit in the U.S. mail, postage prepaid and properly addressed to the party to be notified. View More

Notices. Any notice required to be given or delivered to the Corporation under the terms of this Agreement shall be in writing and addressed to the Corporation at its principal corporate offices and directed to the attention of the Stock Plan Administrator. Any notice required to be given or delivered to the Participant Optionee shall be in writing and addressed to the Participant Optionee at the most current address then indicated for the Participant Optionee on the Corporation's employee records or shall be delivered electronically to the Participant Optionee through the Corporation's electronic mail system. All notices shall be deemed effective upon personal delivery or delivery through the Corporation's electronic mail system or upon deposit in the U.S. mail, postage prepaid and properly addressed to the party to be notified. View More

Notices. All communications hereunder will be in writing and, if sent to the Underwriters, will be mailed, delivered or telegraphed and confirmed to them at Credit Suisse Securities (USA) LLC at Eleven Madison Avenue, New York, N.Y. 10010-3629, Attention: LCD-IBD; and Morgan Stanley & Co. LLC, 1585 Broadway, New York, New York 10036, Attention: Equity Syndicate Desk, with a copy to the Legal Department, or, if sent to the Company, Company or the Manager, will be mailed, delivered or telegraphed and... confirmed to it at New Media Investment Group Inc. c/o Fortress Investment Group LLC, 1345 Avenue of the Americas, New York, New York 10105; provided, however, that any notice to an Underwriter pursuant to Section 8 will be mailed, delivered or telegraphed and confirmed to such Underwriter. Any such statements, requests, notices or agreements shall take effect at the time of receipt thereof. All communications hereunder shall be deemed to have been duly given if mailed or transmitted by any standard form of telecommunication. View More

Notices. All notices, requests, demands and other communications called for hereunder will be in writing and will be deemed given (i) on the date of delivery if delivered personally, (ii) one (1) day after being sent by a well-established commercial overnight service, or (iii) four (4) days after being mailed by registered or certified mail, return receipt requested, prepaid and addressed to the parties or their successors at the following addresses, or at such other addresses as the parties may later... designate in writing: 5 If to the Company: Life Partners Holdings, Inc. 204 Woodhew Dr. Waco, TX 76712 If to Executive: at the last residential address known by the Company. 6 9. Severability. In the event that any provision hereof becomes or is declared by a court of competent jurisdiction to be illegal, unenforceable or void, this Agreement will continue in full force and effect without said provision. View More

Notices. All notices, requests, demands and other communications called for hereunder will be in writing and will be deemed given (i) on the date of delivery if delivered personally, (ii) one (1) day after being sent by a well-established commercial overnight service, or (iii) four (4) days after being mailed by registered or certified mail, return receipt requested, prepaid and addressed to the parties or their successors at the following addresses, or at such other addresses as the parties may later... designate in writing: If to the Company: Life Partners Holdings, Inc. 204 Woodhew Dr. Waco, TX 76712 Pfenex 10790 Roselle St. San Diego, CA 92121 Attn: Chairman of the Board of Directors If to Executive: at the last residential address known by the Company. 6 9. -12- 14. Severability. In the event that any provision hereof becomes or is declared by a court of competent jurisdiction to be illegal, unenforceable or void, this Agreement will continue in full force and effect without said provision. View More

Notices. Any notice required or permitted hereunder shall be given in writing (unless otherwise specified herein) and shall be deemed effectively given on the earliest of (a) a. the date delivered, if delivered by personal delivery as against written receipt therefor or by confirmed facsimile transmission, (b) b. the fifth (5th) calendar day after deposit, postage prepaid, in the United States Postal Service by registered or certified mail, or (c) c. the third calendar day after mailing by domestic or... international express courier, with delivery costs and fees prepaid, in each case, addressed to each of the other Parties thereunto entitled at the following addresses (or at such other addresses as such Party may designate by ten (10) days' advance written notice similarly given to each of the other Parties hereto): COMPANY: XG Sciences, Inc. Attn: Chief Executive Officer 3101 Grand Oak Drive Lansing, MI 48911 Telephone: 517.703.1110 Facsimile: 517.703.1113 22 with a copy to: to; Matt G. Hrebec Foster Swift Collins & Smith PC 313 South Washington Square Lansing, MI 48933-2193 Telephone: Facsimile: 517.371.8256 Facsimile: 517.367.7356 BUYER: XGS II, LLC Aspen Advanced Opportunity Fund, LP Attn: David G, Pendell 2338 Immokalee, Steven C. Jones 1740 Persimmon Drive, Suite 131 100 Naples, FL 34110-1448 34109 Telephone: 239.450.5097 239.325.2001 Facsimile: _________ 239.325.2004 with a copy to: K&L Gates LLP Attn: Clayton E. Parker 200 S. Biscayne Blvd. Miami, FL 33131 Telephone: 305.539-3306 Facsimile: 305.358.7095 14. SURVIVAL OF REPRESENTATIONS AND WARRANTIES. The Company's and the Buyer's representations and warranties herein shall survive the execution and delivery of this Agreement and the delivery of the Purchased Securities and the payment of the purchase price, for a period of two (2) years after each Closing Date hereunder and shall inure to the benefit of the Buyer and the Company and their respective successors and assigns. View More