Notice and Tender. In the event that any officer or registered agent of either Party hereto receives actual notice of any written claim by a third person giving rise to a right of indemnification of such Party under this Article IX (the "Indemnitee"), such Indemnitee shall, within sixty (60) days after receipt of such notice, give written notice thereof to the other Party hereto responsible for such indemnification (the "Indemnitor") setting forth the facts and circumstances giving rise to such claim for indemnification and shall tender the defense of such claim to the Indemnitor. If the Indemnitee fails to give such notice and tender such defense within such 60-day period, the Indemnitee shall be solely responsible for any Loss with respect to such claim to the extent they are attributable to such failure; but failure to give such notice and tender such defense within such 60-day period shall not result in a forfeiture or waiver of any rights to indemnification for any Loss with respect to such claim to the extent they are not attributable to such failure.
Notice and Tender. Any notice, delivery or other communication in respect of this Contract will be in writing unless otherwise provided herein. Any notice, delivery or other communication to the Vendor will be addressed to the Vendor at its address set out on the first page of this Contract and be delivered by mail. Any notice, delivery or other communication to the Purchaser will be addressed to the Purchaser at the Purchaser’s postal or email address set out on the first page of this Contract or to the postal or email address or fax number of the Purchaser’s Solicitors and may be delivered by personal delivery, regular mail, registered mail, fax or email. The Purchaser will notify the Vendor of the name and address of the Purchaser’s Solicitors as soon as reasonably possible and in any event well in advance of the Completion Date. Provided they are sent to the email or postal address or fax number stipulated herein for such party, notices, deliveries and other communications will be deemed to be received: (a) on the date of receipt if delivered or sent by personal delivery, fax or email, or on the next Business Day (as defined in section 39) if delivered or sent by personal delivery, fax or email on a day that is not a Business Day in British Columbia; or (b) 3 Business Days after the date of mailing thereof. Either party may change its address for notices, deliveries and other communications by a written notice given in accordance with this provision. The Vendor shall have no duty to further verify the currency of the postal or email address or fax number of the Purchaser or the Purchaser’s Solicitors, as provided in any such case by the Purchaser, and unless the Purchaser advises the Vendor, in writing, of any change to the Purchaser’s or the Purchaser’s Solicitors’ postal or email address or fax number, all notices, deliveries or communications, including, for certainty, delivery of the Initial Disclosure Statement, any amendments to the Disclosure Statement or notice of the Completion Date, shall be deemed to have been received by the Purchaser in accordance with the provisions of this Section 18. The Purchaser acknowledges and agrees that the foregoing provision will affect the timing of the Purchaser’s obligations to pay portions of the Deposit and to complete the transaction contemplated in this Contract and the Purchaser assumes all risk and liability associated with any failure to advise the Vendor of any change in the Purchaser’s or the Purchaser’s Solicitors’ po...
Notice and Tender. Any notice or communication required under or made in respect of this Agreement must be in writing and delivered to the party at the address (or email address) set out above or to such other address as the Vendor or the Purchaser may advise the other party in accordance with this paragraph. Such notice shall be deemed to have been delivered if so transmitted by email or personal delivery to the Purchaser, on the date of delivery as set out in the notice, or if mailed, on the third business day after the postage stamp of THE LUMINA such mailing. The Vendor will have no obligation to locate the Purchaser or search for the Purchaser's new contact address if the Purchaser changes address and fails to provide the Vendor with the Purchaser's new address and, in such circumstances, notice delivered by the Vendor to the last address provided in writing by the Purchaser to the Seller will be valid and effective. Any delivery of documents, notices or funds to the Vendor or the Purchaser may be validly delivered by delivery to the Purchaser's Solicitor or the Vendor's Solicitor, as applicable. Any payment of funds to the Vendor must be paid by way of bank draft or certified cheque. The Purchaser acknowledges and agrees that the foregoing provision will affect the timing of the Purchaser's obligations to pay portions of the Deposit and to complete the transaction contemplated in this Agreement and the Purchaser assumes all risk and liabilities associated with any failure to advise the Vendor of any change in the Purchaser's or the Purchaser's Solicitor's postal or email address.
Notice and Tender. In the event that any Party receives actual notice giving rise to a right of indemnification of such Party under this Agreement (the “Indemnitee”), such Indemnitee shall, within ten (10) Business Days after receipt of such notice, give written notice thereof to the other Party hereto responsible for such indemnification (the “Indemnitor”) setting forth the facts and circumstances giving rise to such claim for indemnification and shall tender the defense of such claim to the Indemnitor. If the Indemnitee fails to give such notice and tender such defense within such ten (10) Business Day period, the Indemnitee shall be solely responsible for any Loss with respect to such claim to the extent the Loss is attributable to such failure; but failure to give such notice and tender such defense within such ten (10) Business Day period shall not result in a forfeiture or waiver of any rights to indemnification for any Loss with respect to such claim to the extent the Loss is not attributable in any material respects to such failure.
