Addresses and Delivery Methods. All notices (other than Opt-out Notices), requests, demands, submittals, waivers and other communications required or permitted to be given by one Party to another Party under this Agreement (each, a “Communication”) shall, unless expressly specified otherwise, be in writing and shall be addressed, except as otherwise stated herein, to the addressees and addresses set out in Appendix D, as the same may be modified from time to time by Communication from the respective Party to the other Parties. All other Communications required by this Agreement shall be sent by regular first class U.S. mail, registered or certified U.S. mail (postage paid return receipt requested), overnight courier delivery, or electronic mail. Such Communications will be deemed effective and given upon receipt by the addressee, except that Communications transmitted by electronic mail shall be deemed effective and given on the day (if a Business Day and, if not, on the next following Business Day) on which it is transmitted if transmitted before 17:00 Prevailing Mountain Time, and if transmitted after that time, on the following Business Day, provided that Communications transmitted by electronic mail must be confirmed as received by the recipient or followed up by Communications by other means as provided for in this Section to be effective. If any Communication sent by regular first class U.S. mail, registered or certified U.S. mail postage paid return receipt requested, or overnight courier delivery is tendered to an addressee set out in Appendix D, as the same may be modified from time to time by Communication from the respective Party to the other Party, and the delivery thereof is refused by such addressee, then such Communication shall be deemed given and effective upon such tender. In addition, Communication of termination of this Agreement under Section 10.5 must contain the information required by Section 10.5 and, where Company is the Defaulting Party, must be sent to the attention of the then-current President and General Counsel of Company.
Appears in 5 contracts
Samples: Community Renewable Energy Program Agreement, Utility Agreement, Utility Agreement
Addresses and Delivery Methods. All notices (other than Opt-out Notices)notices, requests, demands, submittals, waivers and other communications required or permitted to be given by one Party to another Party under this Agreement (each, a “CommunicationNotice”) shall, unless expressly specified otherwise, be in writing and shall be addressed, except as otherwise stated herein, to the addressees and addresses set out in Appendix DExhibit L, as the same may be modified from time to time by Communication Notice from the respective Party to the other PartiesParty. All other Communications Notices required by this Agreement shall be sent by regular first class U.S. mail, registered or certified U.S. mail (postage paid return receipt requested), overnight courier delivery, or electronic mail. Such Communications Notices will be deemed effective and given upon receipt by the addressee, except that Communications Notices transmitted by electronic mail shall be deemed effective and given on the day (if a Business Day and, if not, on the next following Business Day) on which it is transmitted if transmitted before 17:00 Prevailing Mountain 16:00 Local Time, and if transmitted after that time, on the following Business Day, provided that Communications Notices transmitted by electronic mail must be confirmed as received by the recipient or followed up by Communications Notice by other means as provided for in this Section to be effective. If any Communication Notice sent by regular first class U.S. mail, registered or certified U.S. mail postage paid return receipt requested, or overnight courier delivery is tendered to an addressee set out in Appendix DExhibit L, as the same may be modified from time to time by Communication Notice from the respective Party to the other Party, and the delivery thereof is refused by such addressee, then such Communication Notice shall be deemed given and effective upon such tender. In addition, Communication Notice of termination of this Agreement under Section 10.5 11.3 must contain the information required by Section 10.5 11.3 and, where Company PacifiCorp is the Defaulting Party, must be sent to the attention of the then-current President and General Counsel of CompanyPacifiCorp as required to by Section 11.3.2.
Appears in 5 contracts
Samples: Power Purchase Agreement, Power Purchase Agreement, Power Purchase Agreement
Addresses and Delivery Methods. All notices (other than Opt-out Notices)notices, requests, demands, submittals, waivers and other communications required or permitted to be given by one Party to another Party under this Agreement (each, a “CommunicationNotice”) shall, unless expressly specified otherwise, be in writing and shall be addressed, except as otherwise stated herein, to the addressees and addresses set out in Appendix DExhibit L, as the same may be modified from time to time by Communication Notice from the respective Party to the other PartiesParty. All other Communications Notices required by this Agreement shall be sent by regular first class U.S. mail, registered or certified U.S. mail (postage paid return receipt requested), overnight courier delivery, or electronic mail. Such Communications Notices will be deemed effective and given upon receipt by the addressee, except that Communications Notices transmitted by electronic mail shall be deemed effective and given on the day (if a Business Day and, if not, on the next following Business Day) on which it is transmitted if transmitted before 17:00 Prevailing Mountain 16:00 Local Time, and if transmitted after that time, on the following Business Day, provided that Communications Notices transmitted by electronic mail must be confirmed as received by the recipient or followed up by Communications Notice by other means as provided for in this Section to be effective. If any Communication Notice sent by regular first class U.S. mail, registered or certified U.S. mail postage paid return receipt requested, or overnight courier delivery is tendered to an addressee set out in Appendix DExhibit L, as the same may be modified from time to time by Communication Notice from the respective Party to the other Party, and the delivery thereof is refused by such addressee, then such Communication Notice shall be deemed given and effective upon such tender. In addition, Communication Notice of termination of this Agreement under Section 10.5 11.3 must contain the information required by Section 10.5 11.3 and, where Company PacifiCorp is the Defaulting Party, must be sent to the attention of the then-current President and General Counsel of CompanyPacifiCorp as required by (and subject to the terms of) Section 11.3.2, and where Seller is the Defaulting Party, must be sent to the attention of the then-current [President and General Counsel] of Seller and Xxxxxxx as required by (and subject to the terms of) Section 11.3.2.
Appears in 2 contracts
Addresses and Delivery Methods. All notices (other than Opt-out Notices)notices, requests, demands, submittals, waivers and other communications required or permitted to be given by one Party to another Party under this Agreement (each, a “CommunicationNotice”) shall, unless expressly specified otherwise, be in writing and shall be addressed, except as otherwise stated herein, to the addressees and addresses set out in Appendix DExhibit L, as the same may be modified from time to time by Communication Notice from the respective Party to the other PartiesParty. All other Communications Notices required by this Agreement shall be sent by regular first class U.S. mail, registered or certified U.S. mail (postage paid return receipt requested), overnight courier delivery, or electronic mail. Such Communications Notices will be deemed effective and given upon receipt by the addressee, except that Communications Notices transmitted by electronic mail shall be deemed effective and given on the day (if a Business Day and, if not, on the next following Business Day) on which it is transmitted if transmitted before 17:00 Prevailing Mountain 16:00 Local Time, and if transmitted after that time, on the following Business Day, provided that Communications Notices transmitted by electronic mail must be confirmed as received by the recipient or followed up by Communications Notice by other means as provided for in this Section to be effective. If any Communication Notice sent by regular first class U.S. mail, registered or certified U.S. mail postage paid return receipt requested, or overnight courier delivery is tendered to an addressee set out in Appendix DExhibit L, as the same may be modified from time to time by Communication Notice from the respective Party to the other Party, and the delivery thereof is refused by such addressee, then such Communication Notice shall be deemed given and effective upon such tender. In addition, Communication Notice of termination of this Agreement under Section 10.5 11.3 must contain the information required by Section 10.5 11.3 and, where Company PacifiCorp is the the Defaulting Party, must be sent to the attention of the then-current President and General Counsel of CompanyPacifiCorp as required by (and subject to the terms of) Section 11.3.2, and where Seller is the Defaulting Party, must be sent to the attention of the then-current [President and General Counsel] of Seller and Lenders as required by (and subject to the terms of) Section 11.3.2.
Appears in 1 contract
Samples: Energy Storage Agreement
Addresses and Delivery Methods. All notices (other than Opt-out Notices)notices, requests, demands, submittals, waivers and other communications required or permitted to be given by one Party to another Party under this Agreement (each, a “CommunicationNotice”) shall, unless expressly specified otherwise, be in writing and shall be addressed, except as otherwise stated herein, to the addressees and addresses set out in Appendix DExhibit L, as the same may be modified from time to time by Communication Notice from the respective Party to the other PartiesParty. All other Communications Notices required by this Agreement shall be sent by regular first class U.S. mail, registered or certified U.S. mail (postage paid return receipt requested), overnight courier delivery, or electronic mail. Such Communications Notices will be deemed effective and given upon receipt by the addressee, except that Communications Notices transmitted by electronic mail shall be deemed effective and given on the day (if a Business Day and, if not, on the next following Business Day) on which it is transmitted if transmitted before 17:00 Prevailing Mountain 16:00 Local Time, and if transmitted after that time, on the following Business Day, provided that Communications Notices transmitted by electronic mail must be confirmed as received by the recipient or followed up by Communications Notice by other means as provided for in this Section to be effective. If any Communication Notice sent by regular first class U.S. mail, registered or certified U.S. mail postage paid return receipt requested, or overnight courier delivery is tendered to an addressee set out in Appendix DExhibit L, as the same may be modified from time to time by Communication Notice from the respective Party to the other Party, and the delivery thereof is refused by such addressee, then such Communication Notice shall be deemed given and effective upon such tender. In addition, Communication Notice of termination of this Agreement under Section 10.5 11.3 must contain the information required by Section 10.5 11.3 and, where Company PacifiCorp is the Defaulting Party, must be sent to the attention of the then-current President and General Counsel of Company.PacifiCorp as required by (and subject to the terms of) Section 11.3.2, and where Seller is the Defaulting Party, must be sent to the attention of the then-current [President and General Counsel] of Seller and Xxxxxxx as required by (and subject to the terms of) Section 11.3.2.
Appears in 1 contract
Samples: Power Purchase Agreement