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costs or expenses, including, but not limited to, reasonable attorney's fees and all other sums <br />incurred by or threatened against Owner, his agents, employees, members, directors and officers <br />because of any claim or assertion of liability arising or alleged to have arisen out of any act or <br />omission of Developer, its agents, employees and contractors, for any work to be performed by <br />or at the direction of the Developer pursuant to this Agreement. <br />5. Miscellaneous. <br />A. All notices, requests, demands or other communications <br />( "Notices ") hereunder shall be in writing and given by certified mail, return <br />receipt requested or by national overnight courier (e.g., Federal Express or UPS) <br />and, in the case of courier service, shall be effective as of the date of delivery to <br />the intended recipient as shown on the courier's records, and in the case of mail, <br />shall be effective three (3) days (excluding weekends and holidays) after mailing, <br />delivery shall be deemed to have been made if the postal service or courier was <br />not able to deliver due to change of address for which no Notice was given. <br />Notices shall be addressed as shown below or to such other address as may be <br />specified from time to time in writing by either party: <br />To Developer: <br />To Owner: <br />Allen Phase II1 LLC <br />1115 West 2 Street <br />P.O. Box 987 <br />Hastings, Nebraska 68902 <br />Attention: Kristin M. Allen <br />With copy to: John Q. Bachman, Esq. <br />Pansing Hogan Ernst & Bachman LLP <br />10250 Regency Circle, Suite 300 <br />Omaha, Nebraska 68114 <br />Paul J. Younes <br />c/o Joseph G. Sobotka <br />Sobotka, Roper, Schumacher & Co. <br />216 West 38 Street <br />Kearney, Nebraska 68848 <br />With copy to: Larry E. Butler, Esq. <br />Butler, Voigt & Sewart, P.C. <br />2202 Central Avenue, Suite 200 <br />P.O. Box 1184 <br />Kearney, Nebraska 68848 -1184 <br />6 <br />201500495 <br />