Common use of Deemed receipt Clause in Contracts

Deemed receipt. For the purposes of this Agreement: (a) a Communication delivered by hand to the address of a party shall be deemed to be received if it is handed (with or without acknowledgment of delivery) to any person at that address who, in the reasonable judgment of the person making the delivery (upon making appropriate enquiries), appears to be and represents himself as a manager or officer of the party to whom the Communication is addressed; (b) a Communication which is posted is deemed to be received by the party to whom the Communication is addressed on the second Business Day after the day of posting; (c) a Communication sent by facsimile transmission which is transmitted: (i) prior to 4 p.m. on a Business Day shall be deemed to have been received by the party to whom it is addressed on that Business Day; and (ii) after 4 p.m. on a Business Day shall be deemed to have been received by the party to whom it is addressed on the first Business Day following the date of transmission; and (iii) the production of the transmission report or a printout of a transmission log generated by the sender’s facsimile machine (or other facsimile transmission device) showing successful uninterrupted facsimile transmission of all pages of the relevant Communication to the facsimile number of the party to whom it is addressed and proof of confirmation by physical delivery or mailing as provided above shall constitute evidence of receipt of that facsimile transmission; and (d) a Communication given orally under clause 21.2 shall be deemed to have been received when first given orally.

Deemed receipt. For the purposes of this Agreement: (a) a Communication delivered by hand to the address of a party shall be deemed to be received if it is handed (with or without acknowledgment of delivery) to any person at that address who, in the reasonable judgment of the person making the delivery (upon making appropriate enquiries), appears to be and represents himself as a manager or officer of the party to whom the Communication is addressed; (b) a Communication which is posted is deemed to be received by the party to whom the Communication is addressed on the second Business Day after the day of posting; (c) a Communication sent by facsimile transmission which is transmitted: (i) prior to 4 p.m. pm on a Business Day shall be deemed to have been received by the party to whom it is addressed on that Business Day; and (ii) after 4 p.m. pm on a Business Day shall be deemed to have been received by the party to whom it is addressed on the first Business Day following the date of transmission; and (iii) the production of the transmission report or a printout of a transmission log generated by the sender’s facsimile machine (or other facsimile transmission device) showing successful uninterrupted facsimile transmission of all pages of the relevant Communication to the facsimile number of the party to whom it is addressed and proof of confirmation by physical delivery or mailing as provided above shall constitute evidence of receipt of that facsimile transmission; and (d) a Communication given orally under clause 21.2 35.2 shall be deemed to have been received when first given orally.

Deemed receipt. For the purposes of this Agreement: (a) a Communication delivered by hand to the address of a party shall be deemed to be received if it is handed (with or without acknowledgment of delivery) to any person at that address who, in the reasonable judgment of the person making the delivery (upon making appropriate enquiries), appears to be and represents himself as a manager or officer of the party to whom the Communication is addressed; (b) a Communication which is posted is deemed to be received by the party to whom the Communication is addressed on the second Business Day after the day of posting; (c) a Communication sent by facsimile transmission which is transmitted: (i) prior to 4 p.m. on a Business Day shall be deemed to have been received by the party to whom it is addressed on that Business Day; and (ii) after 4 p.m. on a Business Day shall be deemed to have been received by the party to whom it is addressed on the first Business Day following the date of transmission; and (iii) the production of the transmission report or a printout of a transmission log generated by the sender’s sender‟s facsimile machine (or other facsimile transmission device) showing successful uninterrupted facsimile transmission of all pages of the relevant Communication to the facsimile number of the party to whom it is addressed and proof of confirmation by physical delivery or mailing as provided above shall constitute evidence of receipt of that facsimile transmission; and (d) a Communication given orally under clause 21.2 shall be deemed to have been received when first given orally.

Deemed receipt. For the purposes of this Agreement: (a) a Communication delivered by hand to the address of a party shall be deemed to be received if it is handed (with or without acknowledgment of delivery) to any person at that address who, in the reasonable judgment of the person making the delivery (upon making appropriate enquiries), appears to be and represents himself as a manager or officer of the party to whom the Communication is addressed; (b) a Communication which is posted is deemed to be received by the party to whom the Communication is addressed on the second Business Day after the day of posting; (c) a Communication sent by facsimile transmission which is transmitted: (i) prior to 4 p.m. on a Business Day shall be deemed to have been received by the party to whom it is addressed on that Business Day; andand CBH_DMS_PROD-#946542-v6C:\Documents and Settings\36491\Application (ii) after 4 p.m. on a Business Day shall be deemed to have been received by the party to whom it is addressed on the first Business Day following the date of transmission; and (iii) the production of the transmission report or a printout of a transmission log generated by the sender’s sender‟s facsimile machine (or other facsimile transmission device) showing successful uninterrupted facsimile transmission of all pages of the relevant Communication to the facsimile number of the party to whom it is addressed and proof of confirmation by physical delivery or mailing as provided above shall constitute evidence of receipt of that facsimile transmission; and (d) a Communication given orally under clause 21.2 shall be deemed to have been received when first given orally.