Common use of Effectiveness of a Notice Clause in Contracts

Effectiveness of a Notice. Except as provided elsewhere in this agreement, a Notice is effective only if the Party giving the Notice has complied with this article 22, and if the Addressee has received the Notice. A Notice is deemed to have been received as follows: (a) if a Notice is delivered in person, or sent by registered or certified mail or nationally recognized overnight courier, upon receipt as indicated by the date on the signed receipt; (b) if a Notice is sent by facsimile, upon receipt by the Party giving the Notice of an acknowledgment or transmission report generated by the machine from which the facsimile was sent indicating that the facsimile was sent in its entirety to the Addressee’s facsimile number; (c) if a Notice is sent by email, upon confirmation by telephone of receipt of the email by the Addressee; and (d) notwithstanding the other clauses of this subsection, if any Notice is received after: (i) 5:00 p.m. on a Business Day where the Addressee is located, or (ii) on a Day that is not a Business Day where the Addressee is located, then the Notice is deemed received at 9:00 a.m. on the next Business Day where the Addressee is located.

Appears in 2 contracts

Samples: Power Purchase Agreement, Power Purchase Agreement

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Effectiveness of a Notice. Except as provided elsewhere in this agreement, a Notice is effective only if the Party giving the Notice has complied with this article 22, and if the Addressee has received the Notice. A Notice is deemed to have been received as follows: (a) if a Notice is delivered in person, or sent by registered or certified mail or nationally recognized overnight courier, upon receipt as indicated by the date on the signed receipt; (b) if a Notice is sent by facsimile, upon receipt by the Party giving the Notice of an acknowledgment or transmission report generated by the machine from which the facsimile was sent indicating that the facsimile was sent in its entirety to the Addressee’s facsimile number; (c) if a Notice is sent by email, upon confirmation by telephone of receipt of the email by the Addressee; and (d) notwithstanding the other clauses of this subsection, if any Notice is received after: : (i) 5:00 p.m. on a Business Day where the Addressee is located, or (ii) on a Day that is not a Business Day where the Addressee is located, then the Notice is deemed received at 9:00 a.m. on the next Business Day where the Addressee is located.

Appears in 2 contracts

Samples: Unit Contingent Power Purchase Agreement, Unit Contingent Power Purchase Agreement

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