Limited Liability Company Agreement
3.4 notices, etc. all notices and other communications required or permitted hereunder shall be in writing and shall be deemed effectively given: (i) upon personal delivery to the party to be notified, (ii) when sent by confirmed telex, facsimile or email if sent during normal business hours of the recipient, if not, then on the next business day, (iii) five (5) days after having been sent by registered or certified mail, return receipt requested, postage prepaid, or (iv) one (1) day after deposit with a nationally recognized overnight courier, special next day delivery, with verification of receipt. all communications shall be sent to the company at _________ and to a stockholder at the address reflected in the company's stock ledger or at such other address as such stockholder shall have furnished to the company in writing.
3.5 delays or omissions. no delay or omission to exercise any right, power or remedy accruing to any stockholder under this agreement shall impair any such right, power or remedy of such stockholder nor shall it be construed to be a waiver of any such breach or default, or an acquiescence therein, or of or in any similar breach or default thereafter occurring; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. any waiver, permit, consent or approval of any kind or character on the part of any stockholder of any breach or default under this agreement or any waiver on the part of any stockholder of any provisions or conditions of this agreement must be made in writing and shall be effective only to the extent specifically set forth in such writing. all remedies, either under this agreement or by law or otherwise afforded to any stockholder, shall be cumulative and not alternative.
3.6 severability. unless otherwise expressly provided herein, a stockholder's rights hereunder are several rights, not rights jointly held with any of the other stockholders. in case any provision of the agreement shall be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby.
3.7 counterparts. this agreement may be executed in any number of counterparts, each of which shall be an original, but all of which together shall constitute one instrument.
3.8 specific enforcement. any holder of investor stock or management stock shall be entitled to specific enforcement of its rights under this agreement. the parties acknowledge that money damages would be an inadequate remedy for a breach of this agreement and consent to an action for specific performance or other injunctive relief in the event of any such breach.