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201005433 <br />omission of Developer, its agents, employees and contractors, far 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, UPS, <br />Airborne) and, in the case of courier service, shall be effective as of the date of <br />delivery to the intended recipient as shown on the courier's records, and in the <br />case of mail, shall be effective three (3) days (excluding weekends and holidays) <br />after mailing, delivery shall be deemed to have been made if the postal service or <br />courier was not able to deliver due to change of address for which no Notice was <br />given. Notices shall be addressed as shown below or to such other address as may <br />be specified from time to time in writing by either party: <br />To Developer: Allen 281 LLC <br />1115 West 2°d Street <br />P.O. Box 987 <br />Hastings, Nebraska 68902 <br />Attention: Kristin M. Allen, Manager <br />To Owner: Custard Cats, LLC <br />520 McCall Rd. <br />Manhattan, Kansas 66505 <br />Attention: David L. Dreiling <br />B. The provisions of this Agreement are not intended to create, nor <br />shall they in any way be interpreted to create, a joint venture, a partnership, or any <br />other similar relationship between the parties. <br />C. The captions heading the various paragraphs of this Agreement are <br />for convenience and identification only, and shall not be deemed to limit or define <br />the contents of their respective paragraphs. <br />D. This Agreement, and all of its exhibits and incorporated. <br />documents, constitutes the entire integrated agreement between Owner and <br />Developer relating to the items described herein, and supersedes all prior <br />negotiations, representations, understandings and agreements, either written or <br />oral. <br />E. This Agreement shall be interpreted according to Nebraska law. <br />The invalidity of any provision of this Agreement shall not affect the remaining <br />6 <br />