Common use of Notice Given Clause in Contracts

Notice Given. A notice, consent or other communication that complies with this clause is regarded as given and received, if it is delivered or sent: (a) by email: when the email (including any attachment) has been recorded as sent in the sender’s email records provided that where an “out of office” or “delivery notification failure” reply or similar response is delivered to the sender, the email will not be taken to be given and received and the sender must use an alternative method of sending the notice, consent or other communication in accordance with clause 34.1; (b) by fax: (i) by 17:00 hours (local time in the place of receipt) on a Business Day - on that day; or (ii) after 17:00 hours (local time in the place of receipt) on a Business Day, or on a day that is not a Business Day - on the next Business Day; and (c) by mail: (i) within Australia – on the second Business Day after posting; or (ii) to or from a place outside Australia – seven (7) Business Days after posting.

Notice Given. A notice, consent or other communication that complies with this clause is regarded as given and received, if it is delivered or sent: (a) by email: when the email (including any attachment) has been recorded as sent in the sender’s email records provided that where an “out of office” or “delivery notification failure” reply or similar response is delivered to the sender, the email will not be taken to be given and received and the sender must use an alternative method of sending the notice, consent or other communication in accordance with clause 34.133.1; (b) by fax: (i) by 17:00 hours (local time in the place of receipt) on a Business Day - on that day; or (ii) after 17:00 hours (local time in the place of receipt) on a Business Day, or on a day that is not a Business Day - on the next Business Day; and (c) by mail: (i) within Australia – on the second Business Day after posting; or (ii) to or from a place outside Australia – seven (7) Business Days after posting.