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0 <br />• <br />(d) the Transfer Date has not occurred and payment in full <br />received, together with accrued interest, if any, by October 31, <br />2000. <br />The following shall be considered remedies upon default: <br />(a) It is not intended hereby to specify (and this Agreement <br />shall not be construed as specifying) an exclusive remedy for any <br />default, but all remedies existing at law or in equity (including <br />specific performance) may be availed of by either party and shall <br />be cumulative. <br />(b) Seller may declare Purchaser's Down Payment forfeited, <br />and Seller may declare this contract null and void. <br />IV. <br />Seller or Purchaser may terminate this Agreement by notice in <br />writing if the City of Houston elects not to construct the <br />expansion contemplated in the "Cost Sharing Agreement Southeast <br />Water Purification Plant" (restated and amended). If either party <br />terminates this Agreement pursuant to this Article IV, Seller shall <br />immediately refund the Down Payment paid by Purchaser plus accrued <br />interest thereon at five and one-half percent (5.5%) per annum <br />calculated on a year of 360 days from date of down payment to date <br />of refund. <br />V. <br />Addresses and Notice. Unless otherwise provided in this <br />Agreement, any notice, communication, request, reply, or advice <br />(herein severally and collectively, for convenience, called <br />"Notice") herein provided or permitted to be given, made, or <br />accepted by either party to the other must be in writing and may be <br />given or be served by (i) depositing the same in the United States <br />mail postpaid and registered or certified and addressed to the <br />party to be notified, with return receipt requested, (ii) by <br />delivering the same to an officer of such party, or (iii) by <br />overnight delivery, receipt of which is confirmed by the sender by <br />prepaid telegram, when appropriate, addressed to the party to be <br />notified. Notice shall be conclusively deemed to be effective upon <br />receipt. Notice given in any other manner shall be effective only <br />when received by the party to be notified. For the purpose of <br />Notice, the addresses of the parties shall, until changed as <br />hereinafter provided, be as follows: <br />If to Seller: La Porte Area Water Authority <br />P.O. Box 1115 <br />La Porte, TX 77572 <br />Attn: Robert T. Herrera <br />General Manager <br />