Delivery and Effectiveness of Communication - ISDA Give-Up provision: Difference between revisions

(a) '''{{prov|{{igu}}|Delivery and Effectiveness of Communication}}'''.  All notices, requests and other communications in respect of the operation of this {{prov|{{igu}}|Agreement}} other than {{prov|{{igu}}|Trade Notice}}s and termination notices (a “{{prov|{{igu}}|Communication}}”) shall be delivered by: (i) certified or registered mail (airmail, if overseas) or the equivalent (return receipt requested) or courier or in person (provided that an acknowledgement of delivery is obtained) and deemed effective on the date it is delivered or its delivery is attempted; (ii) facsimile transmission and deemed effective 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); or (iii) electronic messaging system or e-mail and deemed effective on the date it is received.  A Communication shall be given to the address or number or in accordance with the electronic messaging system or e-mail details specified in Part 6 of the Schedule.  

Each party may rely on any Communication relating to this Agreement which it reasonably believes to have come from the other party or from a person authorized to act on behalf of the other party.