Res 2014-097/Agreement with Texas CLASS to serve as an investment pool provider

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10.4 Gender, Headings and Table of Contents. (a) Words of the masculine gender shall mean and include correlative words of the feminine and neuter genders and words importing the singular number shall mean and include the plural number and vice versa. (b) Any- headings preceding the texts of the several Articles and Sections of this Agreement and any table of contents or marginal notes appended to copies hereof, shall be solely for convenience of reference and shall neither constitute a part of this Agreement nor affect its meaning, construction or effect. 10.5 No Assignment. No party hereto may sell, assign, pledge or otherwise transfer any of its rights or benefits under this Agreement to any other Person, and any purported sale, assignment, pledge or other transfer shall be null and void. 10.6 No Partnership. Other than the creation of the Trust by the Participants hereunder, no provision of this Agreement shall create or constitute an association of two or more Persons to carry on as co- owners a business for profit, and none of the parties intends this Agreement to constitute a partnership or any other joint venture or association. 10.7 Notice. Unless oral notice is otherwise allowed in this Agreement, all notices required to be sent under this Agreement: (a) shall be in writing; (b) shall be deemed to be sufficient if given by (i) depositing the same in the United States mail, postage prepaid, or (ii) electronically transmitting such notice by any means such as by facsimile transmission, telegraph, telex or computer hookup; or (iii) by depositing the same with a courier delivery service, addressed to the person entitled thereto at his address or phone number as it appears on the records maintained by the Program Administrator; (c) shall be deemed to have been given on the day of such mailing, transmission or deposit; and (d) any of the methods specified in Section 10.7(b) shall be sufficient to deliver any notice required hereunder, notwithstanding that one or more of such methods may not be specifically listed in the sections hereunder requiring such notice. 10.8 Entire Agreement. Except with respect to the letter described in Exhibit G between the Custodian and the Program Administrator, this Agreement shall constitute the entire agreement of the parties with respect to the subject matter and shall supersede all prior oral or written agreements in regard thereto. 10.9 Confidentiality. (a) All information and recommendations furnished by the Program Administrator to the Participants or the Board of Trustees that is marked confidential and all NQ #4350219.1