Common use of 3Notices Clause in Contracts

3Notices. All notices and other communications required or permitted to be given or made pursuant to this Agreement shall be in writing signed by the sender and shall be deemed duly given (a) on the date delivered, if personally delivered, (b) on the Business Day after being sent by Federal Express or another recognized overnight mail service which utilizes a written form of receipt for next day or next Business Day delivery, (c) three (3) Business Days after mailing, if mailed by U.S. postage-prepaid certified or registered mail, return receipt requested, in each case addressed to the applicable party at the address set forth below or (d) upon transmission if sent via e-mail, with an additional copy being sent promptly by Federal Express or another recognized overnight mail service which utilizes a written form of receipt for next day or next Business Day delivery; provided that a party may change its address for receiving notice by the proper giving of notice hereunder: If to Seller, to: Insys Therapeutics, Inc. ▇▇▇ ▇. ▇▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇▇▇, AZ 85224 Attention: General Counsel with a copy (which shall not constitute notice) to: Weil, Gotshal & ▇▇▇▇▇▇ LLP ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇ ▇▇▇▇, ▇▇ ▇▇▇▇▇ Attention: ▇▇▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ Email: ▇▇▇▇▇▇▇▇▇.▇▇▇▇▇@▇▇▇▇.▇▇▇ ▇▇▇▇▇.▇▇▇▇▇▇▇▇▇@▇▇▇▇.▇▇▇ if to Buyer, to: Hikma Pharmaceuticals USA Inc. ▇▇▇ ▇▇▇▇▇▇▇▇▇▇ ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇-▇▇▇▇ Attention: Vice President, Business Development with a copy (which shall not constitute notice) to: Hikma Pharmaceuticals USA Inc. ▇▇▇ ▇▇▇▇▇▇▇▇▇▇ ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇-▇▇▇▇ Attention: U.S. General Counsel

3Notices. All notices and notices, demands, requests, consents, approvals, or other communications (collectively, “Notices” ) required or permitted to be given hereunder or made pursuant which are given with respect to this Agreement shall be in writing signed by the sender and shall be personally served, delivered by reputable air courier service with charges prepaid, or transmitted by hand delivery, telegram, telex, or facsimile, addressed as set forth below, or to such other address as such party shall have specified most recently by written notice. Notice shall be deemed duly given (a) on the date delivered, of service or transmission if personally deliveredserved or transmitted by telegram, (b) telex, or facsimile; provided, that if such service or transmission is not on a business day or is after normal business hours, then such notice shall be deemed given on the Business Day after being next business day. Notice otherwise sent by Federal Express or another recognized overnight mail as provided herein shall be deemed given on the next business day following timely delivery of such notice to a reputable air courier service which utilizes a written form of receipt for next day or next Business Day delivery, (c) three (3) Business Days after mailing, if mailed by U.S. postage-prepaid certified or registered mail, return receipt requested, in each case addressed to the applicable party at the address set forth below or (d) upon transmission if sent via e-mail, with an additional copy being sent promptly by Federal Express or another recognized overnight mail service which utilizes a written form of receipt order for next next-day or next Business Day delivery; provided that a party may change its address for receiving notice by . ​ To the proper giving of notice hereunderCompany before the Closing: If to Seller​ DiamondHead Holdings Corp. ▇▇▇ ▇▇▇▇ ▇▇▇., to▇▇▇ Floor New York, New York 10177 Attention: Insys Therapeutics, Inc. ▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇ Email: ▇▇, AZ 85224 Attention: General Counsel ▇▇▇▇▇▇@▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇; ▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇ ​ ​ with a copy (which shall not constitute notice) to: Weil, Gotshal ​ ▇▇▇▇▇▇▇▇ & ▇▇▇▇▇▇▇▇ LLP ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇ ▇▇▇▇New York, ▇▇ ▇▇▇▇▇ New York 10004 Attention: ▇▇▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇ E-mail: ▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇.▇▇▇ ▇▇▇▇▇▇@▇▇▇▇▇▇▇▇.▇▇▇ ​ To the Company after the Closing: ​ Great Southern Homes, Inc. ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇ Irmo, South Carolina 29063 Attention: ▇▇▇ ▇’▇▇▇▇▇, Chief Administrative Officer ▇▇▇▇▇ ▇▇▇▇▇▇, Executive Vice President and General Counsel Email: ▇▇▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇ ▇▇▇▇▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇ ​ with a copy to: ​ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇ & ▇▇▇▇▇▇▇▇▇▇▇ LLP ▇▇▇ ▇▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇, ▇▇▇▇▇ ▇▇▇ Washington, D.C., 20001 Attention: ▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇ Email: ▇▇▇▇.▇▇▇▇▇▇@▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇ ▇▇▇▇.▇▇▇▇▇▇▇▇▇@▇▇▇▇.▇▇▇ if to Buyer, to: Hikma Pharmaceuticals USA Inc. ▇▇▇ @▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇.▇▇▇ ▇▇▇▇ ​ To a Holder, to the address set forth below such ▇▇▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇-▇▇▇▇ Attention: Vice President, Business Development with a copy (which shall not constitute notice) to: Hikma Pharmaceuticals USA Inc. ▇▇▇ ▇▇▇▇▇▇▇▇▇▇ ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇-▇▇▇▇ Attention: U.S. General Counsel’s name on Exhibit A hereto. ​

3Notices. All notices and other communications required or permitted to be given or made pursuant to this Agreement shall be in writing signed by the sender and shall be deemed duly given (a) on the date delivered, if personally delivered, (b) on the Business Day after being sent by Federal Express or another recognized overnight mail service which utilizes a written form of receipt for next day or next Business Day delivery, (c) three (3) Business Days after mailing, if mailed by U.S. postage-prepaid certified or registered mail, return receipt requested, in each case addressed to the applicable party at the address set forth below or (d) upon transmission if sent via e-mail, with an additional copy being sent promptly by Federal Express or another recognized overnight mail service which utilizes a written form of receipt for next day or next Business Day delivery; provided that a party may change its address for receiving notice by the proper giving of notice hereunder: If to Seller, to: Insys Therapeutics, Inc. ▇▇41▇ ▇. ▇▇▇▇▇▇ ▇▇a▇▇ ▇▇▇▇▇▇▇▇, AZ 85224 Attention: General Counsel with a copy (which shall not constitute notice) to: Weil, Gotshal & ▇▇Ma▇▇▇▇ LLP ▇▇LP 76▇ ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇ ▇▇▇▇, ▇▇ ▇▇▇▇▇ Attention▇ttention: ▇▇Fr▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇ ▇▇o▇▇▇ ▇▇▇▇▇▇▇▇▇ Email: ▇▇Fr▇▇▇▇▇▇▇.▇▇▇▇▇@▇▇▇▇.▇▇▇ ▇▇Ro▇▇▇.▇▇▇▇▇▇▇▇▇@▇▇▇▇.▇▇▇ if to Buyer, to: Hikma Pharmaceuticals USA Inc. ▇BTcP PHARMA, LLC c/o Pauls Reinfelds, PhD, JD 10▇▇ ▇▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇ ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇ ▇▇▇ Telephone: 84▇-▇▇▇-▇▇▇▇ AttentionFacsimile: Vice President, Business Development 22▇-▇▇▇-▇▇▇▇ with a copy (which shall not constitute notice) to: Hikma Pharmaceuticals USA Inc. Ho▇▇▇▇ & Ho▇▇▇▇ ▇ttorneys PLLC 20▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇ ▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇, ▇▇▇▇▇▇ ▇▇▇▇▇ Attention: Ju▇▇ ▇. ▇▇▇▇▇▇▇▇ Telephone: (3▇▇) ▇▇▇-▇▇▇▇ Attention: U.S. General CounselFacsimile (3▇▇) ▇▇▇-▇▇▇▇

3Notices. All notices and other communications required or permitted to be given or made pursuant to this Agreement shall be in writing signed by the sender and shall be deemed duly given (a) on the date delivered, if personally delivered, (b) on the Business Day after being sent by Federal Express or another recognized overnight mail service which utilizes a written form of receipt for next day or next Business Day delivery, (c) three (3) Business Days after mailing, if mailed by U.S. postage-prepaid certified or registered mail, return receipt requested, in each case addressed to the applicable party Party at the address set forth below or (d) upon transmission if sent via e-mail, with an additional copy being sent promptly by Federal Express or another recognized overnight mail service which utilizes a written form of receipt for next day or next Business Day delivery; provided that a party Party may change its address for receiving notice by the proper giving of notice hereunder: If to Seller, to: Insys Therapeutics, Inc. ▇▇▇ 410 ▇. ▇▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇▇▇, AZ ▇Z 85224 Attention: General Counsel with a copy (which shall not constitute notice) to: Weil, Gotshal & ▇▇▇Man▇▇▇ LLP ▇▇▇ P 767 ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇ ▇▇▇▇, ▇▇ ▇▇▇▇▇ Attention: ▇▇▇tention: Fre▇▇▇▇▇▇ ▇. ▇▇▇▇▇ ▇▇▇n▇▇ ▇▇▇▇▇▇▇▇▇ Email: ▇▇▇ail: Fre▇▇▇▇▇▇.▇▇▇▇▇@▇▇▇▇.▇▇▇ ▇▇▇Ron▇▇.▇▇▇▇▇▇▇▇▇@▇▇▇▇.▇▇▇ if ▇f to Buyer, to: Hikma Pharmaceuticals USA Inc. Renaissance Lakewood, LLC 120▇ ▇▇▇▇ ▇▇▇ ▇▇▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇ ▇ttention: Ser▇▇ ▇▇▇▇▇▇▇, ▇hief Executive Officer Email: Ser▇▇.▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇.▇▇▇ ▇nd Renaissance SSA, LLC 172▇ ▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇, ▇, ▇▇ ▇▇▇▇▇-▇ ▇▇▇▇▇ Attention▇ttention: Vice PresidentRob▇▇▇ ▇▇▇▇▇▇, Business Development with ▇hief Financial Officer Email: Rob▇▇▇.▇▇▇▇▇▇@▇▇▇▇▇▇▇▇.▇▇▇ ▇ith a copy (which shall not constitute notice) to: Hikma Pharmaceuticals USA Inc. Dyk▇▇▇ ▇▇s▇▇▇▇ ▇▇LC 10 ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇ ▇, Suite 2300 Chicago, Illinois 60606 Attention: Jon▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇-▇▇▇▇ Attentionmail: U.S. General CounselJaberman@dykemacom

3Notices. All notices and other communications required or permitted to be given or made pursuant to this Agreement shall be in writing signed by the sender and shall be deemed duly given (a) on the date delivered, if personally delivered, (b) on the Business Day after being sent by Federal Express or another recognized overnight mail service which utilizes a written form of receipt for next day or next Business Day delivery, (c) three (3) Business Days after mailing, if mailed by U.S. postage-prepaid certified or registered mail, return receipt requested, in each case addressed to the applicable party at the address set forth below or (d) upon transmission if sent via e-mail, with an additional copy being sent promptly by Federal Express or another recognized overnight mail service which utilizes a written form of receipt for next day or next Business Day delivery; provided that a party may change its address for receiving notice by the proper giving of notice hereunder: If to Seller, to: Insys Therapeutics, Inc. ▇▇▇ ▇. ▇▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇▇▇, AZ 85224 Attention: General Counsel with a copy (which shall not constitute notice) to: Weil, Gotshal & ▇▇▇▇▇▇ LLP ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇ ▇▇▇▇, ▇▇ ▇▇▇▇▇ Attention: ▇▇▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ Email: ▇▇▇▇▇▇▇▇▇.▇▇▇▇▇@▇▇▇▇.▇▇▇ ▇▇▇▇▇.▇▇▇▇▇▇▇▇▇@▇▇▇▇.▇▇▇ if to Buyer, to: Hikma Pharmaceuticals USA Chilion Group Holdings US, Inc. ▇▇▇ ▇▇▇▇▇▇▇▇▇▇ ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇-▇ ▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇▇▇▇▇ Attention: Vice President, Business Development ▇▇▇▇▇▇▇ ▇▇▇▇ Email: ▇▇▇▇▇▇▇.▇▇▇▇@▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇ with a copy (which shall not constitute notice) to: Hikma Pharmaceuticals USA Inc. ▇▇▇▇▇▇ & ▇▇▇▇▇▇▇▇▇ LLP ▇▇▇▇ ▇. ▇▇▇▇▇ ▇▇▇▇▇., ▇▇▇▇▇ ▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇▇ Attention: ▇▇▇▇ ▇▇▇▇▇▇▇▇ Email: ▇▇, ▇▇ ▇.▇▇▇▇▇-▇▇▇▇ Attention: U.S. General Counsel@▇▇▇▇▇.▇▇▇

3Notices. All notices and other communications required or permitted to be given or made pursuant to this Agreement shall be in writing signed by the sender and shall be deemed duly given (a) on the date delivered, if personally delivered, (b) on the Business Day after being sent by Federal Express or another recognized overnight mail service which utilizes a written form of receipt for next day or next Business Day delivery, (c) three (3) Business Days after mailing, if mailed by U.S. postage-prepaid certified or registered mail, return receipt requested, in each case addressed to the applicable party at the address set forth below or (d) upon transmission if sent via e-mail, with an additional copy being sent promptly by Federal Express or another recognized overnight mail service which utilizes a written form of receipt for next day or next Business Day delivery; provided that a party may change its address for receiving notice by the proper giving of notice hereunder: If to Seller, to: Insys Therapeutics, Inc. ▇▇41▇ ▇. ▇▇▇▇▇▇ ▇▇a▇▇ ▇▇▇▇▇▇▇▇, AZ 85224 Attention: General Counsel with a copy (which shall not constitute notice) to: Weil, Gotshal & ▇▇Ma▇▇▇▇ LLP ▇▇LP 76▇ ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇ ▇▇▇▇, ▇▇ ▇▇▇▇▇ Attention▇ttention: ▇▇Fr▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇ ▇▇o▇▇▇ ▇▇▇▇▇▇▇▇▇ Email▇mail: ▇▇Fr▇▇▇▇▇▇▇.▇▇▇▇▇@▇▇▇▇.▇▇▇ ▇▇Ro▇▇▇.▇▇▇▇▇▇▇▇▇@▇▇▇▇.▇▇▇ if to Buyer, to: Hikma Pharmaceuticals USA Pharmbio Korea, Inc. 36 Cheomdansaneop 9-▇▇, ▇▇▇▇▇▇▇▇-▇▇▇▇▇ ▇▇▇▇▇▇▇-▇▇, ▇▇▇▇▇▇▇▇▇▇▇▇▇▇-▇▇, ▇▇▇▇▇ ▇▇▇▇▇ Attention: Wan Ju ▇▇▇ E-mail: wa▇-▇▇.▇▇▇@▇▇▇▇▇▇▇▇.▇▇.▇▇ Telephone: +(▇▇) ▇ ▇▇▇ ▇▇▇▇ Facsimile: +(▇▇) ▇ ▇▇▇ ▇▇▇▇ with copies (which shall not constitute notice) to: Ch▇▇▇▇▇ & Cu▇▇▇▇ ▇LP 1270 Avenue of the Am▇▇▇▇▇▇, ▇▇▇▇ ▇▇▇▇▇ ▇▇▇ ▇▇▇▇, ▇▇ ▇▇▇▇▇-▇▇▇▇ Attention: Vice PresidentJo▇▇ ▇. ▇▇▇▇, Business Development with a copy Esq. E-mail: jo▇▇▇▇▇▇@▇▇▇▇▇▇▇.▇▇▇ Telephone: (which shall not constitute notice2▇▇) to▇▇▇ ▇▇▇▇ Facsimile: Hikma Pharmaceuticals USA Inc. (2▇▇) ▇▇▇ ▇▇▇▇ - and – Le▇ & Ko Hajin Bu▇▇▇▇▇▇ ▇▇ ▇▇▇▇▇▇▇▇▇▇-▇▇, ▇▇▇▇-▇▇ ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇-▇▇▇▇ Attention: U.S. General CounselBy▇▇▇ ▇w▇ ▇▇▇, Esq.

3Notices. All notices Unless otherwise provided for in this Agreement, all notices, instructions and other communications required hereunder or permitted to be given or made pursuant to this Agreement in connection herewith shall be in writing signed writing, shall be sent to the address specified in this Section 12.3 and shall be: (a) delivered personally; (b) transmitted by the sender and facsimile; (c) sent by registered or certified mail, return receipt requested, postage prepaid; or (d) sent via a reputable international overnight delivery service. Any such notice, instruction or communication shall be deemed duly given to have been delivered (ai) upon receipt if delivered by hand or when transmitted with electronic confirmation of receipt, if transmitted by facsimile (if such transmission is on a Business Day; otherwise, on the date delivered, if personally delivered, (b) on the Business Day after being sent by Federal Express or another recognized overnight mail service which utilizes a written form of receipt for next day or next Business Day deliveryfollowing such transmission), provided that an original document is sent via an internationally recognized overnight delivery service (receipt requested), (cii) three (3) Business Days after mailing, if mailed it is sent by U.S. postage-prepaid registered or certified or registered mail, return receipt requested, in each case addressed to the applicable party at the address set forth below postage prepaid, or (diii) upon transmission if one (1) Business Day after it is sent via e-mail, with an additional copy being sent promptly by Federal Express or another recognized a reputable international overnight mail service which utilizes a written form of receipt for next day or next Business Day delivery; provided that a party may change its address for receiving notice by the proper giving of notice hereunder: delivery service. If to SellerCara, to: Insys :Cara Therapeutics, Inc. ▇▇▇ ▇. ▇▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇▇▇, AZ 85224 Attention: General Counsel with a copy (which shall not constitute notice) to: Weil, Gotshal & ▇▇▇▇▇▇ LLP ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇ ▇▇▇▇, ▇▇ ▇▇▇▇▇ Attention: ▇▇▇▇▇▇▇▇▇ ▇. ▇▇, ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇▇, ▇▇ Email▇▇▇▇▇ Attention: Chief Executive Officer ​ ​ Facsimile: +▇ (▇▇▇) ▇▇▇-▇▇▇▇ with a copies to:Cara Therapeutics, Inc. ▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇ ▇▇▇ ▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇ Attention: Office of the General Counsel Facsimile: +▇ (▇▇▇) ▇▇▇-▇▇▇▇ and:▇▇▇▇▇▇ LLP ▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇. ▇▇▇▇ ▇▇▇▇, ▇▇ ▇▇▇▇▇ ▇▇▇ Attn: ▇▇▇▇▇ ▇▇▇▇▇▇▇▇, Esq. If to VFMCRP, to:Vifor Fresenius Medical Care Renal Pharma Ltd ▇▇▇▇▇▇▇▇▇.▇▇▇▇ ▇▇ ▇▇▇▇ ▇▇. ▇▇▇▇▇@▇▇▇▇.▇▇▇ ▇▇▇▇▇.▇▇▇▇▇▇▇▇▇@▇▇ Attn: CEO Fax: +▇▇ ▇▇ ▇▇▇ ▇▇▇▇ Vifor Pharma Management Ltd with a copy ▇▇:▇▇▇▇.▇▇▇▇▇▇▇▇▇▇ if to Buyer, to: Hikma Pharmaceuticals USA Inc. ▇▇ ▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇ ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇-▇▇▇▇ Attention: Vice President, Business Development with a copy (which shall not constitute notice) to: Hikma Pharmaceuticals USA Inc. ▇▇▇ ▇▇▇▇▇▇▇▇▇▇ Attn: Group General Counsel Fax: +▇▇ ▇▇ ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇-▇▇▇▇ Attention: U.S. General Counselor to such other address as the Party to whom notice is to be given may have furnished to the other Party in writing in accordance herewith.