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' .\ ` 11✓ r. � . . ' . \ 1/ ' � 99 106376 Allen: Robert M. Allen Family Limited Partnership 1115 West Second Street P.O. Box 987 Hastings, NE 68902-0987 Fax No.: 402/330-3109 Attention: Robert Allen Co�icurrent copy to: John Q. Bachman, Esq. Gaines, Mullen, Pansing & Hogan 10050 Regency Circle, Suite 200 Omaha, NE 68114 Fax No.: 402/397-4853 and to: The Lerner Company 10855 West Dodge Road Omaha, NE 68154 " Attention: Salvadore Carta The person and address to which notices are to be given may be changed at any time by any party upon written notice to the other party. Any party giving notice hereunder by telefacsimile transmission shall also immediately send a hard copy of said notice to the party to whom the notice is directed, by regular mail, with a notation thereon to the effect that it was previously telecopied. All notices given pursuant to this Declaration shall be deemed given upon receipt. (b) Receiut. For the purpose of this Declaration, the term "receipt" shall mean the earlier of any of the following: (i) the date of delivery of the notice or other document to the address specified pursuant to subparagraph (a) above as shown on the return receipt, (ii) the date of actual receipt of the notice or other document by the person or entity specified pursuant to subparagraph (a) above, (iii) in the case of a telefacsiinile transmission, the date and time of receipt as shown on the confirmation of the telefacsimile transmission, or (iv) in the case of refusal to accept delivery or inability to deliver the notice or other document, the earlier of (A) the date of the attempted delivery or refusal to accept delivery, (B) the date of the postmark on the return receipt, (C) the date of receipt of notice of refusal or notice of nondelivery by the sending party. 8.11 Waiver. The failure of a person to insist upon strict performance of any of the Restrictions contained herein shall not be deemed a waiver of any rights or remedies that said person may have, and shall not be deemed a waiver of any subsequent breach or default in the performance of any of the Restrictions contained herein by the same or any other person. 8.12 Attorney's Fees. In the event either party initiates or defends any legal action or proceeding in any way connected with this Declaration, the prevailing party in any such action or proceeding (in addition to any other relief which may be granted, whether legal or equitable), shall be entitled to recover from the losing party in any such action or proceeding its reasonable costs and attorney's fees (including, without limitation, its reasonable costs and attorney's fees on any appeal). All such costs and attorney's fees shall be deemed to have accrued on �.7