Common use of Methods of Giving Notice Clause in Contracts

Methods of Giving Notice. Whenever, under the provisions of applicable law or of the Governing Instrument, notice is required to be given to any Trustee or Shareholder, it shall not, unless otherwise provided herein, be construed to mean personal notice, but such notice may be given orally in person, or by telephone (promptly confirmed in writing) or in writing, by mail addressed to such Trustee at his or her last given address or to such Shareholder at his address as it appears on the records of the Trust, with postage thereon prepaid, and such notice shall be deemed to be given at the time when the same shall be deposited in the United States mail. Notice to Trustees or members of a committee or sub-committee may also be given by telex, telegram, facsimile, electronic-mail or via overnight courier. If sent by telex or facsimile, notice to a Trustee or member of a committee or sub-committee shall be deemed to be given upon transmittal; if sent by telegram, notice to a Trustee or member of a committee or sub-committee shall be deemed to be given when the telegram, so addressed, is delivered to the telegraph company; if sent by electronic-mail, notice to a Trustee or member of a committee or sub-committee shall be deemed to be given and shall be presumed valid when the Trust's electronic-mail server reflects the electronic-mail message as having been sent; and if sent via overnight courier, notice to a Trustee or member of a committee or sub-committee shall be deemed to be given when delivered against a receipt therefor.

Methods of Giving Notice. Whenever, under the provisions of applicable law or of the Governing InstrumentAgreement or of these Bylaws, notice is required to be given to any Trustee or Shareholder, it shall not, unless otherwise provided herein, be construed to mean personal notice, but such notice may be given orally in person, or by telephone (promptly confirmed in writing) or in writing, by mail addressed to such Trustee at his or her last given address or to such Shareholder at his address as it appears on the records of the Trust, with postage thereon prepaid, and such notice shall be deemed to be given at the time when the same shall be deposited in the United States mail. Notice to Trustees or members of a committee or sub-committee may also be given by telex, telegram, facsimile, electronic-mail or via overnight courier. If sent by telex or facsimile, notice to a Trustee or member of a committee or sub-committee shall be deemed to be given upon transmittal; if sent by telegram, notice to a Trustee or member of a committee or sub-committee shall be deemed to be given when the telegram, so addressed, is delivered to the telegraph company; if sent by electronic-mail, notice to a Trustee or member of a committee or sub-committee shall be deemed to be given and shall be presumed valid when the Trust's electronic-mail server reflects the electronic-mail message as having been sent; and if sent via overnight courier, notice to a Trustee or member of a committee or sub-committee shall be deemed to be given when delivered against a receipt therefor.

Methods of Giving Notice. Whenever, under the provisions of applicable law statutes, the Certificate of Incorporation or of the Governing Instrumentthese Bylaws, notice is required to be given to any Trustee director, member of any committee or Shareholderstockholder, it shall notnot be necessary that personal notice be given, unless otherwise provided herein, be construed to mean personal notice, but and such notice may be given orally in person, or by telephone (promptly confirmed in writing) or in writing, by mail mail, addressed to such Trustee director, member, or stockholder at his his, her or her last given address or to such Shareholder at his its address as it appears on the records of the TrustCorporation or at his, her or its residence or usual place of business, with postage thereon prepaid, and such notice shall be deemed to be given at the time when the same shall be deposited in with the United States mailPostal Service. Notice to Trustees or members of a committee or sub-committee also may also be given in any other proper form, as authorized by telex, telegram, facsimile, electronic-mail or via overnight courierthe DGCL. If sent Notice that is given by telex or facsimile, notice to a Trustee or member of a committee or sub-committee facsimile shall be deemed to be given upon transmittal; if delivered when sent by telegram, notice to a Trustee number at which any director, member or member of a committee stockholder has consented to receive such notice. Notice that is given in person or sub-committee by telephone shall be deemed to be given when the telegramsame shall be delivered. Without limiting the manner by which notice otherwise may be given effectively to any director, so addressedmember or stockholder, is delivered any notice given under any provision of these Bylaws shall be effective if given by a form of electronic transmission consented to the telegraph company; if sent by electronic-mail, notice to a Trustee or member of a committee or sub-committee such person. Notice given by electronic mail shall be deemed delivered when directed to be an electronic mail address at which such person has consented to receive notice and notice given and shall be presumed valid when the Trust's electronic-mail server reflects the electronic-mail message as having been sent; and if sent via overnight courier, by a posting on an electronic network together with separate notice to a Trustee or member such person of a committee or sub-committee such specific posting shall be deemed to delivered upon the later of (a) such posting and (b) the giving of such separate notice. Notice given by any other form of electronic transmission shall be deemed given when delivered against directed to any director, member or stockholder in the manner consented to by such director, member or stockholder. An affidavit of the secretary or an assistant secretary or of the transfer agent of the Corporation that a receipt therefornotice has been given shall, in the absence of fraud, be prima facie evidence of the facts stated therein.