Template:ISDA Master Agreement 2002 12: Difference between revisions
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{{isdaprov|12}}. '''{{isdaprov|Notices}}''' <br> | {{isdaprov|12}}. '''{{isdaprov|Notices}}''' <br> | ||
{{isdaprov|12(a)}} '''{{isdaprov|Effectiveness}}'''. Any notice or other communication in respect of this {{isdaprov|Agreement}} may be given in any manner | {{isdaprov|12(a)}} '''{{isdaprov|Effectiveness}}'''. Any notice or other communication in respect of this {{isdaprov|Agreement}} may be given in any manner described below (except that a notice or other communication under Section {{isdaprov|5}} or {{isdaprov|6}} may not be given by [[electronic messaging system]] or [[e-mail]]) to the address or number or in accordance with the [[electronic messaging system]] or [[e-mail]] details provided (see the {{isdaprov|Schedule}}) and will be deemed effective as indicated:― <br> | ||
:(i) if in writing and delivered in person or by courier, on the date it is delivered; <br> | :(i) if in writing and delivered in person or by courier, on the date it is delivered; <br> | ||
:(ii) if sent by telex, on the date the recipient’s answerback is received; <br> | :(ii) if sent by telex, on the date the recipient’s answerback is received; <br> | ||
:(iii) if sent by facsimile transmission, on the date it is received by a responsible employee of the | :(iii) if sent by facsimile transmission, on the date it is received by a responsible employee of the recipient in legible form (it being agreed that the burden of proving receipt will be on the sender and will not be met by a transmission report generated by the sender’s facsimile machine); <br> | ||
:(iv) if sent by certified or registered mail (airmail, if overseas) or the equivalent (return receipt | :(iv) if sent by certified or registered mail (airmail, if overseas) or the equivalent (return receipt requested), on the date it is delivered or its delivery is attempted; <br> | ||
:(v) if sent by electronic messaging system, on the date it is received; or <br> | :(v) if sent by electronic messaging system, on the date it is received; or <br> | ||
:(vi) if sent by e-mail, on the date it is delivered,<br> | :(vi) if sent by e-mail, on the date it is delivered,<br> | ||
unless the date of that delivery (or attempted delivery) or that receipt, as applicable, is not a {{isdaprov|Local Business Day}} or | unless the date of that delivery (or attempted delivery) or that receipt, as applicable, is not a {{isdaprov|Local Business Day}} or that communication is delivered (or attempted) or received, as applicable, after the close of business on a {{isdaprov|Local Business Day}}, in which case that communication will be deemed given and effective on the first following day that is a {{isdaprov|Local Business Day}}. <br> | ||
{{isdaprov|12(b)}} '''{{isdaprov|Change of Details}}'''. Either party may by notice to the other change the address, telex or facsimile number or | {{isdaprov|12(b)}} '''{{isdaprov|Change of Details}}'''. Either party may by notice to the other change the address, telex or facsimile number or {{isdaprov|electronic messaging system}} or {{isdaprov|e-mail}} details at which notices or other communications are to be given to it. <br> |
Latest revision as of 12:46, 13 March 2017
12. Notices
12(a) Effectiveness. Any notice or other communication in respect of this Agreement may be given in any manner described below (except that a notice or other communication under Section 5 or 6 may not be given by electronic messaging system or e-mail) to the address or number or in accordance with the electronic messaging system or e-mail details provided (see the Schedule) and will be deemed effective as indicated:―
- (i) if in writing and delivered in person or by courier, on the date it is delivered;
- (ii) if sent by telex, on the date the recipient’s answerback is received;
- (iii) if sent by facsimile transmission, on the date it is received by a responsible employee of the recipient in legible form (it being agreed that the burden of proving receipt will be on the sender and will not be met by a transmission report generated by the sender’s facsimile machine);
- (iv) if sent by certified or registered mail (airmail, if overseas) or the equivalent (return receipt requested), on the date it is delivered or its delivery is attempted;
- (v) if sent by electronic messaging system, on the date it is received; or
- (vi) if sent by e-mail, on the date it is delivered,
unless the date of that delivery (or attempted delivery) or that receipt, as applicable, is not a Local Business Day or that communication is delivered (or attempted) or received, as applicable, after the close of business on a Local Business Day, in which case that communication will be deemed given and effective on the first following day that is a Local Business Day.
12(b) Change of Details. Either party may by notice to the other change the address, telex or facsimile number or electronic messaging system or e-mail details at which notices or other communications are to be given to it.