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5. Notice. Except as otherwise expressly provided in this Agreement, any <br /> communications between the parties hereto or notices to be given hereunder shall be given in <br /> writing by personal delivery, facsimile, or mailing the same, postage prepaid, to CITY OF <br /> EUGENE or the CITY OF SPRINGFIELD at the address or number set forth on the signature <br /> page of this Agreement, or to such other addresses or numbers as either party may hereafter <br /> indicate pursuant to this Section. Any communication or notice so addressed and mailed shall be <br /> deemed to be given five (5) days after mailing. Any communication or notice delivered by <br /> facsimile shall be deemed to be given when receipt of the transmission is generated by the <br /> transmitting machine. Any communication or notice by personal delivery shall be deemed to be <br /> given when actually delivered. <br /> 6. Entire Agreement. THIS AGREEMENT CONSTITUTES THE ENTIRE AGREEMENT <br /> BETWEEN CITY OF EUGENE AND THE CITY OF SPRINGFIELD ON THE SUBJECT MATTER <br /> HEREOF. NO WAIVER, CONSENT, MODIFICATION OR CHANGE OF TERMS OF THIS <br /> AGREEMENT SHALL BIND EITHER PARTY UNLESS IN WRITING AND SIGNED BY BOTH <br /> CITY OF EUGENE AND THE CITY OF SPRINGFIELD. SUCH WAIVER, CONSENT, <br /> MODIFICATION OR CHANGE, IF MADE, SHALL BE EFFECTIVE ONLY IN THE SPECIFIC <br /> INSTANCE AND FOR THE SPECIFIC PURPOSE GIVEN. THERE ARE NO <br /> UNDERSTANDINGS, AGREEMENTS, OR REPRESENTATIONS, ORAL OR WRITTEN, NOT <br /> SPECIFIED HEREIN REGARDING THIS AGREEMENT. THE DELAY OR FAILURE OF EITHER <br /> PARTY TO ENFORCE ANY PROVISION OF THIS AGREEMENT SHALL NOT CONSTITUTE A <br /> WAIVER BY THE OTHER PARTY OF THAT PROVISION OR ANY OTHER PROVISION. EACH <br /> PARTY BY THE SIGNATURE BELOW OF ITS AUTHORIZED REPRESENTITIVE, HEREBY <br /> ACKNOWLEGES THAT IT HAS READ THIS AGREEMENT, UNDERSTANDS IT, AND AGREES <br /> TO BE BOUND BY ITS TERMS AND CONDITIONS. <br /> CITY OF SPRINGFIELD CITY OF EUGENE <br /> By: By: <br /> Gino Grimaldi John Ruiz <br /> Title: City Manager Title: City Manger <br /> Date: Date: <br /> Address for Notice: Address for Notice: <br /> APPROVED AS TO FORM APPROVED AS TO FORM <br /> Date City of Springfield Date City of Eugene <br /> OFFICE OF LEGAL COUNSEL OFFICE OF LEGAL COUNSEL <br />