Common use of Deemed Delivery Clause in Contracts

Deemed Delivery. Any communication delivered personally shall be deemed to have been given and received on the day it is so delivered (or if that day is not a Business Day, on the next succeeding Business Day). Subject to disruptions in the postal service, any communication sent by prepaid ordinary mail shall be deemed to have been given and received on the fifth Business Day following the date of mailing. Any communication given by authenticated telex, facsimile, S.W.I.F.T., one of the Trustee’s secured client access channels or directly between electromechanical or electronic terminals (including, subject to Section 18.8, the internet or unsecured lines of communication) shall be deemed to have been given and received on the Business Day it is transmitted provided that it was received before 3:00 p.m. (Toronto time), and, if received after 3:00 p.m. (Toronto time), it shall be deemed to have been given and received on the Business Day following the day of transmission provided in each case that confirmation of transmission is available from the party giving the communication. Nothing in this Master Trust Agreement shall create an obligation for the Trustee to constantly monitor its electronic communication equipment, provided that regular monitoring is performed within business hours of the Trustee where communications are sent and the Trustee will not be held liable for an omission to act from not receiving electronically transmitted communications (including, without limitation, Directions). In the event of any disagreement as to whether electronic communications (including, without limitation, Directions) have been received by the Trustee, the sender will have the onus of proving that such electronic communications have been so received.

Deemed Delivery. Any communication delivered personally shall be deemed to have been given and received on the day it is so delivered (or if that day is not a Business Day, on the next succeeding Business Day). Subject to disruptions in the postal service, any communication sent by prepaid ordinary mail shall be deemed to have been given and received on the fifth Business Day following the date of mailing. Any communication given by authenticated telex, facsimile, S.W.I.F.T., one of the TrusteeCustodian’s secured client access channels or directly between electromechanical or electronic terminals (including, subject to Section 18.82.7, the internet or unsecured lines of communication) shall be deemed to have been given and received on the Business Day it is transmitted provided that it was received before 3:00 p.m. (Toronto time), and, if received after 3:00 p.m. (Toronto time), it shall be deemed to have been given and received on the Business Day following the day of transmission provided in each case that confirmation of transmission is available from the party giving the communication. Nothing in this Master Trust Agreement shall create an obligation for the Trustee Custodian to constantly monitor its electronic communication equipment, provided that regular monitoring is performed within business hours of the Trustee Custodian where communications are sent and the Trustee Custodian will not be held liable for an omission to act from not receiving electronically transmitted communications (including, without limitation, Directions). In the event of any disagreement as to whether electronic communications (including, without limitation, Directions) have been received by the TrusteeCustodian, the sender will have the onus of proving that such electronic communications have been so received.

Deemed Delivery. Any communication delivered personally shall be deemed to have been given and received on the day it is so delivered (or if that day is not a Business Day, on the next succeeding Business Day). Subject to disruptions in the postal service, any communication sent by prepaid ordinary mail shall be deemed to have been given and received on the fifth Business Day following the date of mailing. Any communication communications given by authenticated telex, facsimile, S.W.I.F.T., one of the TrusteeCustodian’s secured client access channels or directly between electromechanical or electronic terminals (including, subject to Section 18.82.7, the internet or unsecured lines of communication) shall be deemed to have been given and received on the Business Day it is transmitted provided that it such transmission was received (i) in the case of standard day-to-day Directions relating to the trading, settlement, entitlements or other transactions affecting the Property in the Account, on or before such time (Toronto time) as agreed upon by the Sub- custodian and the Custodian, from time to time, for the type of transmission to be used for the relevant transaction(s) and, if received after such agreed upon time, it shall be deemed to have been given and received on the Business Day following the day of such transmission, or (ii) in the case of non-standard Directions affecting the status of the Account, including, but not limited to, notices of termination or mergers, changes of authorized signing officers or standing instructions or such other non-standard Directions as agreed upon by the parties, from time to time, on or before 3:00 p.m. (Toronto time), and, if received after 3:00 p.m. (Toronto time), it shall be deemed to have been given and received on the Business Day following the day of transmission such transmission, provided that in each case case, as above, that confirmation of transmission is available from the party giving the communication. Nothing in this Master Trust Agreement shall create an obligation for the Trustee Custodian to constantly monitor its electronic communication equipment, provided that regular monitoring is performed within business hours of the Trustee Custodian where communications are sent and the Trustee Custodian will not be held liable for an omission to act from not receiving electronically transmitted communications (including, without limitation, Directions). In the event of any disagreement as to whether electronic communications (including, without limitation, Directions) have been received by the TrusteeCustodian, the sender will have the onus of proving that such electronic communications have been so received.

Deemed Delivery. Any communication delivered personally shall be deemed to have been given and received on the day it is so delivered (or if that day is not a Business Day, on the next succeeding Business Day). Subject to disruptions in the postal service, any communication sent by prepaid ordinary mail shall be deemed to have been given and received on the fifth Business Day following the date of mailing. Any communication given by authenticated telex, facsimile, S.W.I.F.T., one of the Trustee’s secured client access channels or directly between electromechanical or electronic terminals (including, subject to Section 18.8, the internet or unsecured lines of communication) shall be deemed to have been given and received on the Business Day it is transmitted provided that it was received before 3:00 p.m. (Toronto time), and, if received after 3:00 p.m. (Toronto time), it shall be deemed to have been given and received on the Business Day following the day of transmission provided in each case that confirmation of transmission is available from the party giving the communication. Nothing in this Master Trust Agreement shall create an obligation for the Trustee to constantly monitor its electronic communication equipment, provided that regular monitoring is performed within business hours of the Trustee where communications are sent and the Trustee will not be held liable for an omission to act from not receiving electronically transmitted communications (including, without limitation, Directions). In the event of any disagreement as to whether electronic communications (including, without limitation, Directions) have been received by the Trustee, the sender will have the onus of proving that such electronic communications have been so received.

Deemed Delivery. Any communication delivered personally shall be deemed to have been given and received on the day it is so delivered (or if that day is not a Business Day, on the next succeeding Business Day). Subject to disruptions in the postal service, any communication sent by prepaid ordinary mail shall be deemed to have been given and received on the fifth Business Day following the date of mailing. Any communication given by authenticated telex, facsimile, S.W.I.F.T., one of the TrusteeCustodian’s secured client access channels or directly between electromechanical or electronic terminals (including, subject to Section 18.82.7, the internet or unsecured lines of communication) shall be deemed to have been given and received on the Business Day it is transmitted provided that it was received before 3:00 p.m. (Toronto time), and, if received after 3:00 p.m. (Toronto time), it shall be deemed to have been given and received on the Business Day following the day of transmission provided in each case that confirmation of transmission is available from the party giving the communication. Nothing in this Master Trust Agreement shall create an obligation for the Trustee Custodian to constantly monitor its electronic communication equipment, provided that regular reasonable monitoring is performed within business hours of the Trustee Custodian where communications are sent and the Trustee Custodian will not be held liable for an omission to act from not receiving electronically transmitted communications (including, without limitation, Directions). In the event of any disagreement as to whether electronic communications (including, without limitation, Directions) have been received by the TrusteeCustodian, the sender will have the onus of proving that such electronic communications have been so received.