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<br />e <br /> <br />e <br /> <br />5.13.3 All written notices, statements and payments required or permitted to be given <br /> <br />under this Agreement shall be deemed given by the third day following the deposit in a United <br /> <br />States Postal Service mailbox or receptacle, of certified or registered mail, return receipt <br /> <br />requested, with proper postage affixed ~ereto, addressed as set forth above or at such other <br /> <br />address as shall be designated by written notice. <br /> <br />5.14 Parties in Interest <br /> <br />This Agreement shall be for the sole and exclusive benefit of the Participants and shall <br /> <br />not be construed to confer any rights upon any other party. The Participants shall never be <br /> <br />subject to any liability in damage to any customer of the others with rights hereunder for any <br /> <br />failure to perform under this Agreement. <br /> <br />5.15 Dispute Resolution and Remedies <br /> <br />5.15.1 The Participants agree that if disputes arise regarding the tenns or performance of <br /> <br />this Agreement or any review or approval called for hereunder, the respective Participants or <br /> <br />their Directors agree to meet and use their best efforts to resolve same. <br /> <br />5.15.2 It is not intended hereby to specify an exclusive remedy for any dispute or default, <br /> <br />but all remedies existing at law or in equity, including specific perfonnance, may be utilized by <br /> <br />Participants and shall be cumulative. Provided, however, as a necessary condition for declaration <br /> <br />of default under this Agreement, the non-defaulting Participant shall give the defaulting <br /> <br />Participant at least thirty (30) days' notice of default with the opportunity to cure during the <br /> <br />notice period. <br /> <br />A:\EWBI097S.RVI <br />L.O. Fil~ No. 80-99146-01 <br /> <br />F~bruary 10,2000 <br /> <br />36 <br /> <br />of <br />