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mail. Without limiting the foregoing, first-class mail, facsimile transmission and commercial courier service are hereby agreed to as acceptable methods for giving Notices. Regardless of the manner in which provided, Notices may be sent to a party's address as set forth above or to such other address as any party may give to the other for such purpose in accordance with this section. 10. Notices Given By Contracting Party. Assignor shall request Contracting Party to provide a copy of any notice given by Contracting Party to the Assignor to the Lender and shall promptly provide a copy of any notice it receives that has not been forwarded to Lender by the Contracting Party. 11. Preservation of Rights. No delay or omission on the Lender's part to exercise any right or power arising hereunder will impair any such right or power or be considered a waiver of any such right or power, nor will the Lender's action or inaction impair any such right or power. The Lender's rights and remedies hereunder are cumulative and not exclusive of any other rights or remedies that the Lender may have under other agreements, at law or in equity. 12. Illegality. If any provision contained in this Collateral Assignment should be invalid, illegal or unenforceable in any respect, it shall not affect or impair the validity, legality and enforceability of the remaining provisions of this Collateral Assignment. 13. Changes in Writing. No modification, amendment or waiver of, or consent to any departure by the Assignor from, any provision of this Collateral Assignment will be effective unless made in a writing signed by the Lender, and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given. No notice to or demand on the Assignor will entitle the Assignor to any other or further notice or demand in the same, similar or other circumstance. 14. Successors and Assigns. This Collateral Assignment will be binding upon and inure to the benefit of the Assignor and the Lender and their respective successors and assigns, provided, however, that the Assignor may not assign this Collateral Assignment, in whole or in part, without the Lender's prior written consent and the Lender, at any time, may assign this Collateral Assignment in whole or in part. In the event of foreclosure by the Lender, Assignor expressly agrees that the Lender may assign all its rights under this Collateral Assignment to its successor. 15. Interpretation. In this Collateral Assignment, unless the Lender and the Assignor otherwise agree in writing, the singular includes the plural and the plural the singular; words importing any gender include the other genders; references to statutes are to be construed as including all statutory provisions consolidating, amending or replacing the statute referred to; the word"or" shall be deemed to include"and/or", the words"including", "includes"and"include" shall be deemed to be followed by the words"without limitation"; references to articles, sections(or subdivisions of sections) or exhibits are to those of this Collateral Assignment; and references to agreements and other contractual instruments shall be deemed to include all subsequent amendments and other modifications to such instruments, but only to the extent such amendments and other modifications are not prohibited by the terms of this Collateral Assignment. Section headings in this Collateral Assignment are included for convenience of reference only and shall not constitute a part of this Collateral Assignment for any other purpose. If this Collateral Assignment is executed by more than one party as Assignor, the obligations of such persons or entities will be joint and several. 16. Governing Law and Jurisdiction. This Collateral Assignment will be interpreted and the rights and liabilities of the Assignor and the Lender determined in accordance with the laws of the State of Indiana, excluding its conflict of laws rules. The Assignor hereby irrevocably consents to the -4-