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DocuSign Envelope ID: BCBF3214- OCEA- 41A3- 96E1- A7CEF7529B79 <br />acts or orders or restrictions, failure of suppliers, or any other reason where failure to perform is beyond <br />the reasonable control of the non - performing Party. <br />11.8 Notices. Any notice, approval, request, authorization, direction or other communication under <br />this Agreement shall be given in writing and shall be deemed to have been delivered and given for all <br />purposes (i) on the delivery date if delivered personally to the Party to whom the same is directed; (ii) <br />one (1) business day after deposit with a nationally recognized overnight carrier, with written <br />verification of receipt, or (iii) five (5) business days after the mailing date whether or not actually <br />received, if sent by U.S. certified mail, return receipt requested, postage and charges pre -paid or any <br />other means of rapid mail delivery for which a receipt is available, to the address of the Party set forth <br />on the applicable Sales Order. Either Party may change its address by giving written notice of such <br />change to the other Party. <br />11.9 No Third Party Beneficiaries. Nothing contained in this Agreement is intended or shall be <br />construed to confer upon any person any rights, benefits or remedies of any kind or character <br />whatsoever, or to create any obligation of a Party to any such person. <br />11.10 Counterpart and Facsimile Execution. This Agreement may be executed in two or more <br />counterparts, each of which shall be deemed to be an original as against any Party whose signature <br />appears thereon, but all of which together shall constitute but one and the same <br />instrument. Signatures to this Agreement transmitted by facsimile, by electronic mail in "portable <br />document format" ( ".pdf "), or by any other electronic means which preserves the original graphic and <br />pictorial appearance of the Agreement, shall have the same effect as physical delivery of the paper <br />document bearing the original signature. <br />11.11 Waiver and Severability. Performance of any obligation required by a Party hereunder may be <br />waived only by a written waiver signed by an authorized representative of the other Party, which waiver <br />shall be effective only with respect to the specific obligation described therein. The failure of either <br />Party to exercise any of its rights under this Agreement will not be deemed a waiver or forfeiture of <br />such rights. The invalidity or unenforceability of one or more provisions of this Agreement will not <br />affect the validity or enforceability of any of the other provisions hereof, and this Agreement will be <br />construed in all respects as if such invalid or unenforceable provision(s) were omitted. <br />