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200501143 trust deed made in good faith and for value as to any part of the Shopping Center. However, such limitation shall not affect in any manner any other rights or remedies which a Party may have hereunder by reason of any such breach. 11.7 No Waiver. The failure of any Party to insist upon strict performance of any of the terms, covenants or conditions hereof shall not be deemed a waiver of any rights or remedies which that Party may have hereunder, at law or in equity and shall not be deemed a waiver of any subsequent breach or default in any of such terms, covenants or conditions. No waiver by any Party of any default under this OEA shall be effective or binding on such Party unless made in writing by such Party and no such waiver shall be implied from any omission by a Party to take action in respect to such default. No express written waiver of any default shall affect any other default or cover any other period of time other than any default and /or period of time specified in such express waiver. One or more written waivers or any default under any provision of this OEA shall not be deemed to be a waiver of any subsequent default in the performance or the same provision or any other term or provision contained in this OEA. ARTICLE 12 MISCELLANEOUS 12.1 Notices. (a) All notices, demands, statements and requests (collectively, "notices ") required or permitted to be given under this OEA must be in writing and shall be delivered by one of the following methods of delivery: (i) personal service, in which event the notice shall be deemed to have been given upon actual receipt; (ii) Fed Ex, Airborne Express or another nationally recognized overnight courier service, in which event the notice shall be deemed to have been given on the first business day after the notice is deposited with the courier service (or the next business day thereafter if the notice is deposited with the courier service on a day other than a business day); (iii) United States registered or certified mail, postage prepaid and return receipt requested, in which event the notice shall be deemed to have been given three (3) business days after the notice is deposited with the United States Postal Service; or (iv) facsimile transmission, in which event the notice shall be deemed to have been given upon confirmation of the facsimile transmission provided that the original counterpart of the notice is sent by (i), (ii) or (iii) above on the same day. Notwithstanding the foregoing, a notice sent by first class mail shall be effective and deemed to have been given on the date received by the Person to whom it was sent. GALEGAL \STORES \NE \GRAND ISLAND \OEA4.WPD 11/16/04 35