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BUT ANYWAY. | BUT ANYWAY. | ||
====Fax transmission==== | |||
Just what “including a writing evidenced by a facsimile transmission” adds we are not entirely sure. What even is “a” writing? | |||
From here things get only worse. ''Then'' it says “'''AND''' executed by each of the parties” — so what, are you saying you have to get them to sign your fax copy, or re-transmit it over a [[telex]]? | |||
And note, ''[[email]] does not count as an [[electronic messaging system]]''. I know it seems odd, but that is the unambiguous text in the definition of “[[electronic messaging system]]”. So a waiver of a [[NAV trigger|NAV Trigger]] by email, even by an exchange of emails, is not strictly enforceable. Though, of course, waivers unsupported by consideration are generally revocable on fair notice under English law anyway. | |||
As a result, {{icds}} can pat itself on the back for having inserted as long ago as 1992 what, at the time, was an unnecessary clause but which turned out to anticipate a rather woeful decision of the Supreme Court in 2018. | |||
{{no oral modification capsule}} |