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in addition to any other rights or remedies available to it, to collect from the non-prevailing
party or parties the reasonable costs and expenses incurred in the investigation preceding
such action and the prosecution of such action, including but not limited to reasonable
attorneys’ fees and court costs.
9.03 Notices. Whenever, under the provisions of the Act or other law, the Articles
or this Operating Agreement, notice is required to be given to any Person, it shall not be
construed to mean exclusively personal notice unless otherwise specifically provided, but
such notice may be given in writing, by mail, addressed to the Company at its principal
office from time to time and to any other Person at his address as it appears on the records
of the Company from time to time, with postage thereon prepaid. Any such notice shall
be deemed to have been given at the time it is deposited in the United States mail. Notice
to a Person may also be given personally or by telegram or telecopy sent to his address
as it appears on the records of the Company. The addresses of the initial Members as
shown on the records of the Company shall originally be those set forth in Article III hereof.
Any Person may change his address as shown on the records of the Company by
delivering written notice to the Company in accordance with this Section.
9.04 Application of Virginia Law. This Operating Agreement, and the
interpretation hereof, shall be governed exclusively by its terms and by the laws of the
Commonwealth of Virginia, without reference to its choice of law provisions, and
specifically the Act.
9.05 Amendments. No amendment or modification of this Operating Agreement
shall be effective except upon the written consent of a majority of the Membership Interest
of the Members.
9.06 Construction. Whenever the singular number is used in this Operating
Agreement and when required by the context, the same shall include the plural, and the
masculine gender shall include the feminine and neuter genders, and vice versa.
9.07 Headings. The headings in this Operating Agreement are inserted for
convenience only and are in no way intended to describe, interpret, define, or limit the
scope, extent or intent of this Operating Agreement or any provision hereof.
9.08 Waivers. The failure of any party to seek redress for violation of or to insist
upon the strict performance of any covenant or condition of this Operating Agreement
shall not prevent a subsequent act, which would have originally constituted a violation,
from having the effect of an original violation.
9.09 Rights and Remedies Cumulative. The rights and remedies provided by this
Operating Agreement are cumulative and the use of any one right or remedy by any party
shall not preclude or waive the right to use any or all other remedies. Such rights and
remedies are given in addition to any other rights the parties may have by law, statute,
ordinance or otherwise.Jump to an indexed page (65 of 65)