Notices from Hazardous Materials Indemnity Agreement
THIS HAZARDOUS MATERIALS INDEMNITY AGREEMENT (the "Agreement") is made as of June 30, 2017, by THE PARTIES LISTED ON SCHEDULE I attached hereto (collectively, the "Borrowers"), and HEALTHCARE TRUST OPERATING PARTNERSHIP, L.P., a Delaware limited partnership ("Principal") (together with Borrowers, individually and collectively, the "Indemnitor"), for the benefit of CAPITAL ONE, NATIONAL ASSOCIATION, a national banking association, as administrative agent for the Lenders under the hereinafter described Loan Agreement (together with its successors and permitted assigns in such capacity, "Administrative Agent"), for the benefit of the Lenders.
Notices. Any notice required or permitted to be given under this Agreement shall be in writing and shall be mailed by certified mail, postage prepaid, return receipt requested, or sent by overnight air courier service, or personally delivered to a representative of the receiving party, or sent by telecopy (provided an identical notice is also sent simultaneously by mail, overnight courier, or personal delivery as otherwise provided in this Section 11). All such communications shall be mailed, sent or delivered, addressed to the party for whom it is intended at its address set forth below: If to Indemnitor: c/o Healthcare Trust Operating Partnership, L.P. 405 Park Avenue, 4th Floor New York, New York 10022 Attention: Healthcare General Counsel with a copy to Arnold & Porter Kaye Scholer LLP 250 W 55th Street Attention: John J. Busillo, Esq. Facsimile: (212) 836-6445 To Administrative Agent: Capital One, National Association 77 W. Wacker Drive, 10TH Floor Chicago, Illinois 60601 Attention: Jeffrey Muchmore, Credit Executive Facsimile: (855) 332-1699 Reference: HTI/MOB Portfolio With a copy to: Capital One, National Association 5804 Trailridge Drive Austin, Texas 78731 Attention: Diana Pennington, Senior Director, Associate General Counsel Facsimile: (855) 438-1132 Reference: HTI/MOB Portfolio And a copy to: Capital One, National Association 77 W. Wacker Drive, 10th Floor Chicago, Illinois 60601 Attention: Dan Eppley, Senior Director Facsimile: (855) 544-4044 Reference: HTI/MOB Portfolio ENVIRONMENTAL INDEMNITY AGREEMENT - Page 10HTI MOB Portfolio And a copy to: Capital One, National Association 77 W. Wacker Drive, 10th Floor Chicago, Illinois 60601 Attention: Jason LaGrippe, Vice President Facsimile: (312) 739-3870 Reference: HTI/MOB Portfolio Any communication so addressed and mailed shall be deemed to be given on the earliest of (1) when actually delivered, (2) on the first Business Day after deposit with an overnight air courier service, or (3) on the third Business Day after deposit in the United States mail, postage prepaid, in each case to the address of the intended addressee, and any communication so delivered in person shall be deemed to be given when receipted for by, or actually received by Lender or Indemnitor, as the case may be, or (4) if given by telecopy, when transmitted to the party's telecopy number specified above and confirmation of complete receipt is received by the transmitting party during normal business hours or on the next Business Day if not confirmed during normal business hours, and an identical notice is also sent simultaneously by mail, overnight courier, or personal delivery as otherwise provided in this Section 10. Any party may designate a change of address by written notice to the other by giving at least ten (10) days prior written notice of such change of address.
Notices from Strategic Alliance Agreement
THIS STRATEGIC ALLIANCE AGREEMENT (this Agreement), dated as of June 8, 2010 (the Effective Date), is entered into between ACCURAY INCORPORATED, a Delaware corporation (Accuray), and SIEMENS AKTIENGESELLSCHAFT, a corporation formed under the laws of the Federal Republic of Germany (Siemens). Accuray and Siemens may be referred to in this Agreement individually as a Party or collectively as Parties.
Notices. All notices and other communications hereunder shall be in writing and shall be deemed duly given (a) on the date of delivery if delivered personally, (b) if by facsimile, upon written or electronic confirmation of receipt (if sent during business hours of the recipient, otherwise on the next business day following such confirmation), (c) on the first business day following the date of dispatch if delivered utilizing a next-day service by a recognized next-day courier, (d) on the earlier of confirmed receipt or the fifth business day following the date of mailing if delivered by registered or certified mail, return receipt requested, postage prepaid. All notice hereunder shall be delivered to the addresses set forth below: If to Accuray: Accuray Incorporated 1310 Chesapeake Terrace Sunnyvale, CA 94089 USA Attn: General Counsel Facsimile: +1 (408) 789-4205 with a copy (which shall not constitute notice) to: Gibson, Dunn & Crutcher LLP 1881 Page Mill Road Palo Alto, California 94304 USA Attn: Joseph Barbeau If to Siemens: Siemens AG Henkestr. 127 91054 Erlangen Germany Attn: Healthcare General Counsel, Ritva Sotamaa Facsimile: + 49/### - ## - #### with a copy (which shall not constitute notice) to: