Common use of DOMICILIUM AND NOTICES Clause in Contracts

DOMICILIUM AND NOTICES. 21.1 The SELLER and PURCHASER hereby choose domicilia citandi et executandi for all purposes under this Agreement their respective addresses as set forth: SELLER: see Schedule A PURCHASER: see Schedule A 21.2 Any notice to the SELLER and/or PURCHASER: 21.2.1 which is despatched by registered post to the chosen address, shall be deemed to have been received by the addressee on the 5th (fifth) business day after the date of posting thereof, unless otherwise proven; 21.2.2 which is delivered in a correctly addressed envelope to any responsible person the chosen address during normal business hours, shall be deemed to have been received on the date of such delivery; and 21.2.3 which is despatched by e-mail to the chosen e-mail address, shall be deemed to have been received on the date of despatch during normal office hours or on the 1st (first) business day after such notice was despatched in the event of it being despatched after normal business hours, unless otherwise proven. 21.3 Notwithstanding anything to the contrary herein contained, a written notice or communication which was indeed received by the SELLER and/or PURCHASER, shall be deemed a proper written notice or communication notwithstanding the fact that it was not despatched or delivered to the chosen domicilium citandi et executandi. 21.4 The SELLER and/or PURCHASER may nominate by notice to the other any other physical address in the Republic of South Africa as domicilium citandi et executandi, provided that such amendment shall only be in force from the 14th (fourteenth) day after receipt of such notice by the addressee. 21.5 For the purposes of this Agreement, including the giving of notice and the serving of legal process, the PARTIES hereby choose their respective domicilium citandi et executandi (hereinafter referred to as the “domicilium”) at the addresses stipulated in Schedule A. Should there be more than one PURCHASER, the PURCHASERS shall be liable jointly and severally and in solidum for the payments of all moneys hereunder and for the compliance with all the terms of this Agreement.

DOMICILIUM AND NOTICES. 21.1 The SELLER 25.1 Any legal process to be served on either Party may be served on it at the address specified for it in the Agreement Details and PURCHASER hereby choose domicilia it chooses that address as its domicilium citandi et executandi (“domicilium”) for all purposes under this Agreement. 25.2 Any notice or communication required or permitted to be given in terms of this Agreement their respective addresses shall be valid and effective only if in writing, provided that any notice given by telefax shall be regarded for this purpose as set forth: SELLER: see Schedule A PURCHASER: see Schedule A 21.2 Any having been given in writing. 25.3 Either Party shall be entitled, from time to time by written notice to the SELLER and/or PURCHASERother Party, to vary its address or telefax number for the purposes of this clause 25 to any other address which is not a post office box or a poste restante, provided that the change shall become effective on the 7th (seventh) day after the receipt of the notice. 25.4 All notices given in terms of this Agreement shall be in writing and any notice given by either Party to the other (“addressee”) which: 21.2.1 which (a) is despatched delivered by registered post hand to the chosen addressaddressee’s physical domicilium, shall be deemed to have been received by the addressee on the 5th (fifth) business day after first Business Day following the date delivery date, provided that it was delivered to a responsible person during ordinary Business Hours, and the envelope in which it is delivered is marked for the attention of posting thereof, unless otherwise proventhe Party’s designated officer set out in the Agreement Details; 21.2.2 which (b) is delivered sent by registered mail to the addressee’s physical domicilium, in a correctly addressed envelope to any responsible person marked for the chosen address during normal business hoursattention of the Party’s designated officer set out in the Agreement Details, shall be deemed to have been received by the addressee on the 14th (fourteenth) Business Day following the date of such deliveryposting; andand/or 21.2.3 which (c) is despatched sent by e-mail facsimile or email to a Party at the chosen e-mail addressfacsimile number and/or email address specified for it in the Agreement Details, shall be deemed to have been received on (unless the date contrary is proved) within 4 (four) hours of despatch transmission if it is transmitted during normal office Business Hours of the receiving party or within 4 (four) hours or on of the 1st (first) business day beginning of the next Business Day after such notice was despatched it is transmitted, if it is transmitted outside those Business Hours; provided it is marked for the attention of the Party’s Representative set out in the event of it being despatched after normal business hours, unless otherwise provenAgreement Details. 21.3 25.5 Notwithstanding anything to the contrary herein containedin this clause 24, a written notice or other communication which was indeed actually received by the SELLER and/or PURCHASER, a Party (and for which written receipt has been obtained) shall be deemed a proper adequate written notice or communication to it notwithstanding that the fact that it notice was not despatched sent to or delivered to the at its chosen domicilium citandi et executandiaddress. 21.4 The SELLER and/or PURCHASER may nominate by notice to the other any other physical address in the Republic of South Africa as domicilium citandi et executandi, provided that such amendment shall only be in force from the 14th (fourteenth) day after receipt of such notice by the addressee. 21.5 For the purposes of this Agreement, including the giving of notice and the serving of legal process, the PARTIES hereby choose their respective domicilium citandi et executandi (hereinafter referred to as the “domicilium”) at the addresses stipulated in Schedule A. Should there be more than one PURCHASER, the PURCHASERS shall be liable jointly and severally and in solidum for the payments of all moneys hereunder and for the compliance with all the terms of this Agreement.