NOTICES AND DOMICILIA a. Each of the Parties chooses domicilium citandi et executandi (“domicilium”) for the purposes of the giving of any notice, the payment of any sum, the serving of any process and for any other purposes arising from this Agreement at their respective addresses set forth in this agreement.
b. Each of the Parties shall be entitled from time to time, by written notice to the others to vary its domicilium to any other address which is not a post office of poste restante.
c. Any notice given and any payment made by a Party to any of the others (“the addressee”) which
i. Is delivered by hand during the normal business hours of the addressee at the addressee’s domicilium for the time being shall be presumed, until the contrary is proved by the addressee, to have been received by the addressee at the time of deliver;
ii. Is posted by prepaid registered post to the addressee at the addressee’s domicilium for the time being shall be presumed, until the contrary is proved by the addressee, to have been received by the addressee on the 14th (fourteenth) day after the date of posting.
d. Where, in terms of this Agreement any communication is required to be in writing, the term “writing” shall include communications by electronic mail or facsimile. Communications by electronic mail or facsimile shall, unless the contrary is proved by the addressee, be deemed to have been received by the addressee 24 (twenty four) hours after the time of transmission.
NOTICES AND DOMICILIA. 23.1 The Parties choose as their respective domicilia citandi et executandi for the purpose of legal proceedings and for the purposes of giving or sending any notice provided for or necessary in terms of this Agreement, the addresses and telefax numbers stated in the Sale Agreement, provided that a party may change its domicilium to any other physical address or telefax number by written notice to the other parties to that effect. Such change of address will be effective 5 (five) business days after receipt of the notice of the change of domicilium.
23.2 All notices to be given in terms of this Agreement will be in writing and will –
23.2.1 if delivered by hand during business hours, be rebuttably presumed to have been received on the date of delivery; any notice delivered after business hours or on a day which is not a business day will be rebuttably presumed to have been received on the following business day; and
23.2.2 if sent by telefax during business hours, be rebuttably presumed to have been received on the date of successful transmission of the telefax; any telefax sent after business hours or on a day which is not a business day will rebuttably be presumed to have been received on the following business day.
23.3 Any notice in terms of the Agreement shall only be validly given if in written or printed paper based form. For the avoidance of doubt, where any provision of the Agreement requires any Party to perform any act in writing, this requirement will only be satisfied if such performance is made in a written or printed paper base form. The provisions of the Electronic Communications and Transactions Act, No. 25 of 2002, in this regard are expressly excluded from this Agreement, and data messages (as defined in that Act) are excluded as a valid form of notice in terms hereof.
23.4 Notwithstanding the above, any notice given in writing, and actually received by the Party to whom the notice is addressed, will be deemed to have been properly given and received, notwithstanding that such notice has not been given in accordance with the provisions of this clause 24.
NOTICES AND DOMICILIA. 33.1 Each of the Parties chooses domicilium citandi et executandi ("domicilium ") for the purposes of the giving of any notice, the payment of any sum, the serving of any process and for any other purposes arising from this Agreement at their respective addresses set forth in clause 1.
33.2 Each of the Parties shall be entitled to change its domicilum in writing to any other address within the Republic of South Africa and provided that it consists of or includes a physical address at which process can be served or any notice given.
33.3 Any notice given and any payment made by a Party to any of the others ("the addressee") which is delivered by hand during the normal business hours of the addressee at the addressee's domicilium for the time being shall be presumed, until the contrary is proved by the addressee, to have been received by the addressee at the time of delivery.
33.4 Where, in terms of this Agreement communication of any nature is required the term "notice" and/or the term "writing" shall include communications by e-mail and shall be deemed to have been received by the addressee 1 ( one) hour after the time of transmission of such communication.
33.5 Notwithstanding anything to the contrary herein contained a written notice or communication actually received by a party shall be an adequate written notice or communication to it notwithstanding that it was not sent to or delivered at its chosen domicilium.
NOTICES AND DOMICILIA. 14.1 The Parties select as their respective domicilia citandi et executandi the following physical addresses, and for the purposes of giving or sending any notice provided for or required under this Agreement, the said physical addresses as well as the following telefax numbers – Name Physical Address Telefax Freegold & Harmony Block 00 (000) 000 0000 Xxxxxxxxxxx Xxxxxx Xxxx Xxx Xxxx Xxxx Xxxx and Xxxx Avenue Randfontein Marked for the attention of: The Company Secretary Name Physical Address Telefax Wits Gold 12th Floor (011) 838 3208 00 Xxx Xxxxxx Xxxxxxxxxxxx Marked for the attention of: The Company Secretary provided that a Party may change its domicilium or its address for the purposes of notices to any other physical address or telefax number by written notice to the other Parties to that effect. Such change of address will be effective 5 (five) business days after receipt of the notice of the change.
14.2 All notices to be given in terms of this Agreement will be given in writing and will –
14.2.1 be delivered by hand or sent by telefax;
14.2.2 if delivered by hand during business hours, be presumed to have been received on the date of delivery. Any notice delivered after business hours or on a day which is not a business day will be presumed to have been received on the following business day; and
14.2.3 if sent by telefax during business hours, be presumed to have been received on the date of successful transmission of the telefax. Any telefax sent after business hours or on a day which is not a business day will be presumed to have been received on the following business day.
14.3 Notwithstanding the above, any notice given in writing, and actually received by the Party to whom the notice is addressed, will be deemed to have been properly given and received, notwithstanding that such notice has not been given in accordance with this clause 14.
NOTICES AND DOMICILIA. 14.1 The Parties choose as their domicilia citandi et executandi their respective addresses set out in this 14 for all purposes arising out of or in connection with this Agreement, at which addresses all the processes and notices arising out of or in connection with this Agreement, its breach or termination, may validly be served upon or delivered to the Parties.
14.2 For the purposes of this Agreement, the Parties’ respective addresses shall be -
14.2.1 as regards the Licensor at Xxxxxxxx 00, XXXX Xxxxxx, Xxxxxxx Xxxxx Road, Brummeria, Pretoria, 0184 facsimile number: (012) 349 2128 email address: xxxxx.xxxxxxxx@xxxxxx.xx.xx marked for the attention of: Dr E Xxxxxxxx
14.2.2 as regards the Licensee at, Unit 19 2nd floor , 0 Xxxxxxx Xxxxxxxxx, Xxxxxxx Xxxx, Xxxxxxx, 0000 Email address: xxxxx@xxxxxxxxxxx.xxx marked for the attention of: Xxxx Xxxx
14.3 Any notice given in terms of this Agreement shall be in writing and shall -
14.3.1 if delivered by hand, be deemed to have been duly received by the addressee on the 1st (first) Business Day following the date of delivery;
14.3.2 if transmitted by facsimile, be deemed to have been duly received by the addressee on the 1st (first) Business Day following the date of despatch; and
14.3.3 if delivered by recognised international courier service, be deemed to have been duly received by the addressee on the 1st (first) Business Day following the date of such delivery by the courier service concerned, provided that the relevant notice is marked for the attention of the relevant Party’s designated person for receipt of any processes and notices in connection with this Agreement as contemplated in 14.2.
14.4 Notwithstanding anything to the contrary contained in this Agreement, a written notice or communication actually received by the relevant Party’s designated person for receipt of any processes and notices in connection with this Agreement as contemplated in 14.2 from another Party, shall be adequate written notice or communication to such Party.
NOTICES AND DOMICILIA. 29.1. For the purpose of delivery or any notice and service of any process, pleadings or documents in any action or proceedings arising out of this agreement,
29.1.1. the Lessor chooses domicilium citandi et executandi at: Physical Address: Corner Church and Greyling Street
29.1.2. the Lessee chooses domicilium citandi et executandi at:
29.2. Any notice or communication required or permitted to be given to a Party pursuant to the provisions of this Agreement shall be valid and effective only if in writing and sent to a Party’s chosen address or e mail address, provided that documents in legal proceedings in connection with this Agreement may only be served at a Party’s Domicilium.
29.3. Any Party may by written notice to the other Parties, change its chosen address or e-mail address to another address or e-mail address, provided that:
29.3.1. the change shall become effective on the 10th (tenth) Business Day after the receipt or deemed receipt of the notice by the addressee in accordance with the provisions of clause 29.4, and
29.3.2. any change in a Party’s Domicilium shall only be to an address in South Africa, which is not a post office box or a poste restante.
29.4. Any notice to a Party contained in a correctly addressed envelope; and
29.4.1. sent by prepaid registered post to it at its chosen address in clause Error! Reference source not found. or
29.4.2. delivered by hand to a responsible person during ordinary business hours at its chosen address in clause Error! Reference source not found.
4.1 on the fifth Business Day after posting (unless the contrary is proved) and, in the case of clause 29.4.2 on the day of delivery.
29.5. Any notice by e-mail to a Party at its e-mail address shall be deemed, unless the contrary is proved, to have been received on the first Business Day after the date of transmission.
29.6. Notwithstanding anything to the contrary contained in this clause 29, a written notice or communication actually received by a Party shall be an adequate written notice or communication to it notwithstanding that it was not sent to or delivered at its chosen address or e-mail address as set out in clause Error! Reference source not found..
NOTICES AND DOMICILIA. 21.1 The parties choose as their domicilia citandi et executandi their respective addressed set out in this clause for all purposes arising out of or in connection with this Agreement at which addresses all processes and notices arising out of or in connection with this Agreement, its breach or termination may validly be served upon or delivered to the parties.
21.2 For purposes of this Agreement the parties' respective addresses shall be:-
21.2.1 (Insert name) ……………………………… ……………………………… ……………………………..
21.2.2 Receiving Parties (Insert name) ……………………………… ……………………………… ………………………………. or at such other address, not being a post office box or poste restante, of which the parties concerned may notify the other/s in writing.
21.3 Any notice given in terms of this Agreement shall be in writing and shall -
21.3.1 if delivered by hand be deemed to have been duly received by the addressee on the date of delivery;
21.3.2 sent by courier in a correctly addressed envelope to it at its chosen address shall be deemed to have been received on the 3rd business day after sending (unless the contrary is proved);
21.3.3 if transmitted by facsimile be deemed to have been received by the addressee 1 (one) day after despatch.
21.4 Notwithstanding anything to the contrary contained in this Agreement, a written notice or communication actually received by one of the parties from another including by way of e-mail or facsimile transmission shall be adequate written notice or communication to such parties.
NOTICES AND DOMICILIA. 17.1 Each of the parties chooses as his domicilium citandi et executandi (“domicilium”) for the purposes of giving of any notice or the serving of any process and for any other purpose arising from this Agreement their respective physical addresses as stated above.
17.2 Each of the parties will be entitled from time to time, by written notice to the other party to change his domicilium to any other address within the Republic of South Africa which is not a post office box or poste restante.
17.3 Any notice given by a party to the other (“the recipient”) which:
17.3.1 is delivered by hand during business hours will be presumed to have been received by the recipient at the time of delivery, until the contrary is proved by the recipient; or
17.3.2 is posted by prepaid registered post from an address within the Republic of South Africa, will be presumed to have been received by the recipient on the fourth business day after the date of posting; or
17.3.3 is sent by email will be deemed to have been received by the recipient in 1 (one) hour after the time of transmission on a business day.
17.4 Where in terms of this Agreement any communications are required to be in writing the term writing will include communications by email.
NOTICES AND DOMICILIA. 17.1 Each of the parties chooses as its exclusive address/es (“domicilium”) for the purposes of the giving of any notice, the serving of any process and for any other purposes arising from this Agreement at their respective addresses, e-mail addresses or telefax numbers set forth in the Information Schedule.
17.2 Each of the parties shall be entitled from time to time, by written notice to the other to vary its exclusive address/es to any other address within the Republic of South Africa which is not a post office box.
17.3 Any notice given and any payment made by a party to any of the others (“the addressee”) which:
17.3.1 is delivered by hand during the normal business hours of the addressee at the addressee’s exclusive address for the time being shall be presumed, unless the contrary is proved by the addressee, to have been received by the addressee at the time of delivery;
17.3.2 is posted by prepaid registered post from an address within the Republic of South Africa to the addressee at the addressee’s exclusive address for the time being shall be presumed, unless the contrary is proved by the addressee, to have been received by the addressee on the fourth day after the date of posting.
17.4 Where, in terms of this agreement any communication is required to be in writing, the term “writing” shall include communications by e-mail and/or facsimile. Communications by e-mail and/or facsimile shall, unless the contrary is proved by the addressee, be deemed to have been received by the addressee one hour after the time of transmission.
NOTICES AND DOMICILIA. The Parties select as their respective domicilia citandi et executandi the following physical addresses, and for the purposes of giving or sending any notice provided for or required under this Agreement, the said physical addresses as well as the following email addresses - the Discloser Airways Park 32 Xxxxx Road OR Tambo Complex Kempton Park Johannesburg XxxxxxxXxx@xxxxxx.xxx Marked for the attention of: Xxxxxxx Xxx the Recipient [•] [•] Marked for the attention of: Please insert details provided that a Party may change its domicilium or its address for the purposes of notices to any other physical address or telefax number or email by written notice to the other Party to that effect. Such change of address will be effective 5 (five) business days after receipt of the notice of the change. All notices to be given in terms of this Agreement will be given in writing and will – be delivered by hand or sent by telefax or email; if delivered by hand during business hours, be presumed to have been received on the date of delivery. Any notice delivered after business hours or on a day which is not a business day will be presumed to have been received on the following business day; and if sent by telefax or email during business hours, be presumed to have been received on the date of successful transmission of the telefax or email. Any telefax or email sent after business hours or on a day which is not a business day will be presumed to have been received on the following business day. Notwithstanding the above, any notice given in writing, and actually received by the Party to whom the notice is addressed, will be deemed to have been properly given and received, notwithstanding that such notice has not been given in accordance with this clause 12.
