Book traversal links for 16. Notices and Other Communications
16. Notices and Other Communications
Effective from Apr 19 2025 - Sep 18 2021
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(a) Any notice or other communication to be given under this Agreement -
(i) shall be in the English language, and except where expressly otherwise provided in this Agreement, shall be in writing;
(ii) may be given in any manner described in sub-paragraphs (b) and (c) below,
(iii) shall be sent to the party to whom it is to be given at the address or number, or in accordance with the electronic messaging details, set out in Annex I
(b) Subject to sub-paragraph (c) below, any such notice or other communication shall be effective -
(i) if in writing and delivered in person or by courier, on the date when it is delivered;
(ii) if sent by facsimile transmission, on the date when the transmission 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);
(iii) if sent by certified or registered mail (airmail, if overseas) or the equivalent (return receipt requested), on the date that mail is delivered or its delivery is attempted; or
(iv) if sent by Electronic Messaging System, on the date that electronic message is received;
except that any notice or communication which is received, or delivery of which is attempted, after close of business on the date of receipt or attempted delivery or on a day which is not a day on which commercial banks are open for business in the place where that notice or other communication is to be given shall be treated as given at the opening of business on the next following day which is such a day.
(c) lf-
(i) there occurs in relation to either party an Event of Default; and
(ii) the non-Defaulting Party, having made all practicable efforts to do so, including having attempted to use at least two of the methods specified in sub-paragraph (b)(ii), (iii) or (iv) above, has been unable to serve a Default Notice by one of the methods specified in those sub-paragraphs (or such of those methods as are normally used by the non-Defaulting Party when communicating with the Defaulting Party),
the non-Defaulting Party may sign a written notice (a “Special Default Notice”) which -
(A) specifies the relevant event referred to in paragraph 12(a) which has occurred in relation to the Defaulting Party;
(B) specifies the Early Termination Date designated in the Default Notice;
(C) states that the non-Defaulting Party, having made all practicable efforts to do so, including having attempted to use at least two of the methods specified in sub-paragraph (b)(ii), (iii) or (iv) above, has been unable to serve a Default Notice by one of the methods specified in those sub- paragraphs (or such of those methods as are normally used by the non-Defaulting Party when communicating with the Defaulting Party); and
(D) specifies the date on which, and the time at which, the Special Default Notice is signed by the non-Defaulting Party.
On the signature of a Special Default Notice the Early Termination Date shall occur as designated in the Default Notice. A Special Default Notice shall be given to the Defaulting Party as soon as practicable after it is signed.
(d) Either party may by notice to the other change the address or facsimile number or Electronic Messaging System details at which notices or other communications are to be given to it.