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Notices to the City of Tukwila shall be sent to the following address: <br />City Clerk, City of Tukwila <br />6200 Southcenter Blvd <br />Tukwila, WA 98188 <br />Notices to NG shall be sent to the following address: <br />NovoaGlobal, Inc. <br />8018 Sunport Drive Suite 203 <br />Orlando, FL 32809 <br />12.2. Except as otherwise specified, all notices, payments and reports hereunder shall be <br />deemed given and in effect as of the date of mailing or transmission, as the case <br />may be, when sent by next day delivery or courier service, postage pre -paid, or <br />three (3) days after the date of mailing when sent by first class mail, postage pre- <br />paid, addressed in all such cases to the Parties as set forth in section 12.1, above, in <br />each case to the President of NG or the Mayor of the City. <br />13. ASSIGNMENT. Except as specifically provided in this Agreement, neither Party may <br />assign, or delegate performance of its obligations under, this Agreement, without prior <br />express written consent of the other Party, except that NG may assign or otherwise <br />encumber this Agreement, the License and the Lease for the purpose of obtaining <br />financing; provided, however, that this Agreement may be assigned to any Person that <br />acquires all or substantially all of NG' assets in one transaction. <br />14. AMENDMENT AND MODIFICATION. This Agreement may be modified or amended <br />from time to time by the Parties, provided, however, that no modification or amendment <br />hereto shall be effective unless it is stated in writing, specifically refers to this Agreement <br />and is executed on behalf of both Parties. <br />15. NON WAIVER. The failure of either Party to require performance of any provision of this <br />Agreement shall not affect the right to subsequently require the performance of such <br />provision or any other provision of this Agreement. The waiver of either Party of a breach <br />of any provision shall not be taken or held to be a waiver of any subsequent breach of that <br />provision or any subsequent breach of any other provision of this Agreement. <br />16. FORCE MAJEURE. Neither Party shall be liable to the other for failure or delay in <br />meeting any obligations hereunder which arises in whole or in part from causes which are <br />unforeseen by, or beyond the control of, such Party, including without limitation, acts of <br />God or of a public enemy, acts of terrorism, acts of the Government (other than the City in <br />the case of the City) in either its sovereign or contractual capacity, fires, floods, epidemics, <br />{KZS2229149.DOCX;1/13175.000001/ } <br />13 <br />�7� <br />