Common use of Deemed Delivery Clause in Contracts

Deemed Delivery. Unless shown to have been received earlier, such notice, instruction or other instrument shall be deemed to have been delivered, in the case of personal delivery, at the time it is left at the premises of the party, in the case of a registered letter at the expiration of five (5) business days after posting and, in the case of fax or electronic means, immediately on dispatch; provided that, if any document is sent by fax or electronic means outside normal business hours, it shall be deemed to have been received at the next time after delivery when normal business hours commence. Evidence that the notice, instruction, or other instrument was properly addressed, stamped, and put into the post shall be conclusive evidence of posting. In proving the service of notice sent by fax or electronic means it shall be sufficient to prove that the fax or electronic communication was properly transmitted.

Appears in 14 contracts

Samples: Services Agreement (Boston Trust & Walden Funds), Transfer Agency Services Agreement (Victory Portfolios II), Sub Administration and Sub Fund Accounting Services Agreement (Victory Portfolios II)

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Deemed Delivery. Unless shown to have been received earlier, such notice, instruction or other instrument shall be deemed to have been delivered, in the case of personal delivery, at the time it is left at the premises of the partyParty, in the case of a registered letter at the expiration of five (5) business days Business Days after posting and, in the case of fax or electronic means, immediately on dispatch; provided that, that if any document is sent by fax or electronic means outside normal business hours, hours it shall be deemed to have been received at the next time after delivery when normal business hours commence. Evidence that the notice, instruction, or other instrument was properly addressed, stamped, and put into the post shall be conclusive evidence of posting. In proving the service of notice sent by fax or electronic means it shall be sufficient to prove that the fax or electronic communication was properly transmitted.

Appears in 6 contracts

Samples: Compliance Services Agreement (Growth Capital Master Portfolio, LLC), Services Agreement (Growth Capital TEI Portfolio, LLC), Compliance Services Agreement (Growth Capital Portfolio, LLC)

Deemed Delivery. Unless shown to have been received earlier, such a notice, instruction or other instrument shall be deemed to have been delivered, in the case of personal delivery, at the time it is left at the premises of the party, in the case of a registered letter at the expiration of five (5) business days after posting and, in the case of fax or electronic means, immediately on dispatch; provided that, if any document is sent by fax or electronic means outside normal business hours, it shall be deemed to have been received at the next time after delivery when normal business hours commence. Evidence that the notice, instruction, or other instrument was properly addressed, stamped, and put into the post shall be conclusive evidence of posting. In proving the service of notice sent by fax or electronic means it shall be sufficient to prove that the fax or electronic communication was properly transmitted.

Appears in 4 contracts

Samples: Joinder Agreement (Blackstone Alternative Alpha Fund), Joinder Agreement (Blackstone Alternative Alpha Fund II), Services Agreement (Blackstone Alternative Alpha Fund)

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Deemed Delivery. Unless shown to have been received earlier, such notice, instruction or other instrument shall be deemed to have been delivered, in the case of personal delivery, at the time it is left at the premises of the partyParty, in the case of a registered letter at the expiration of five (5) business days after posting and, in the case of fax or electronic means, immediately on dispatch; provided that, if any document is sent by fax or electronic means outside normal business hours, it shall be deemed to have been received at the next time after delivery when normal business hours commence. Evidence that the notice, instruction, or other instrument was properly addressed, stamped, and put into the post shall be conclusive evidence of posting. In proving the service of notice sent by fax or electronic means it shall be sufficient to prove that the fax or electronic communication was properly transmitted.

Appears in 3 contracts

Samples: Services Agreement (Strategy Shares), Support Services Agreement (Strategy Shares), Services Agreement (Huntington Strategy Shares)

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