Common use of Notice and Delivery Clause in Contracts

Notice and Delivery. Any notice mailed to you will be deemed 1. The depositor agrees to provide the custodian with all information delivered and received by you, five days after the postmark date. necessary to prepare any reports required by sections 408(i) and This fifth day following the postmark is the receipt date. Notices 408A(d)(3)(E), Regulations sections 1.408-5 and 1.408-6, or other will be mailed to the last address we have in our records. You are guidance published by the Internal Revenue Service (IRS). responsible for ensuring that we have your proper mailing address. 2. The custodian agrees to submit to the IRS and depositor the reports Upon your consent, we may provide you with notice in a delivery prescribed by the IRS. format other than by mail. Such formats may include various Article VII. Notwithstanding any other articles which may be added or electronic deliveries. Any notice, including terminations, change in incorporated, the provisions of Articles I through IV and this sentence will personal information, or contributions mailed to us will be deemed be controlling. Any additional articles inconsistent with section 408A, the delivered when actually received by us based on our ordinary related regulations, and other published guidance will be invalid. business practices. All notices must be in writing unless our policies and procedures provide for oral notices.