Common use of Giving or Service of Notice Clause in Contracts

Giving or Service of Notice. A Notice shall be deemed given or served only upon actual receipt by the addressee. In the case of email, "actual receipt" shall mean delivery to the recipient's email in-box. If a Notice, including, without limitation, any Notice sent by email, is delivered on a day that is not a business day or on any day after 4:00 p.m. Pacific time, the Notice shall be deemed given or served as 9:00 a.m. Pacific time on the next day that is a business day. For purposes of this Agreement, a “business day” means any day that is not a Saturday or Sunday, not a federal, State or local holiday, or, with respect to District administrative staff, not a furlough day mandated by the State or the District. As an additional condition to sending a Notice by email, the reference line must indicate that it is a “Notice Pursuant to Agreement for CM Services.” Because email addresses are subject to change more frequently than physical addresses, if a Notice is to be sent by email, unless the sender has personal knowledge of the correct email address of each intended recipient, the sender must call and verify the then-current email address of each intended recipient prior to sending the Notice.