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If to Allen: Paul G. Allen do William D. Savoy B Vulcan Northwest 110 110th Avenue Northwest Bellevue, Washington 98004 Telecopy: (425) 453.1985 with a copy to: Irell & Maaella LLP 1800 Avenue of the Stars, Suite 900 Los Angeles, California 90067-0276 Attention: Alvin G. Segel Telecup1':(310) 203.7199 Any such notice or other communication shall be deemed to have been given and received on the day no which it is delivered or nelecopied (or, if such day is not a business day or if the notice or other communication is not telecepied during business boors, at the place of receipt, on the next following business day); provided, however, that any such notice or other communication shall be deemed to have been given and received on the day on which it is sent if delivery thereof is refused or if delivery thereof in the manner described above is not possible because of the intended recipient's failure to advise the sending party ofa change in the intended recipient's address or telecopy number. 8.4 No Third -Party Benefits. Noneofthepmvisiomofthis Agreementshall be for the benefit of, or enforceable by, any person or entity that is not a party to this Agreement, other than any Permitted Transforms of the Holder. 8.5 Waivers Strictly Construed. With regard to any power, remedy or right provided herein or otherwise available to any party hereunder (a) no waiver or extension of time shall be effective unless expressly contained in a writing signed by the waiving party; and (b) no alternation, modification or impairment shall be implied by reason of any previous waiver, extension of time, delay or omission in exercise or other indulgence. 8.6 Severability. The validity, legality or enforceability of the remainder of this Agreement shall not be affected even if one or more of the provisions of this Agreement shall be held to be invalid, illegal or unenforceable in any respect. 8.7 Undertakings. All authority herein conferred or agreed to be conferred upon a party to this Agreement and all agreements of a party contained herein shall survive the death or incapacity of such party (or any of them). 8.8 Successors and Assigns. Except as provided herein to the contrary, this Agreement shall be binding upon and shall inure to the benefit of the parties, their respective t. heirs, estates, personal representatives, conservators, successors and permitted assigns. ocueout324M.5 6