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