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.
Appears in 105 contracts
Samples: Fixed Price Slaughter Contract, Cattle Delivery Agreement, Feeders Price Slaughter Contract
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 twenty-four) hours after the time of transmission.
Appears in 3 contracts
Samples: Cattle Delivery Agreement, Cattle Delivery Agreement, Cattle Delivery Agreement
NOTICES AND DOMICILIA. a. 17.1. Each of the Parties chooses their 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 agreementon the signature page.
b. 17.2. Each of the Parties shall be entitled from time to time, by written notice to the others other Parties to vary its domicilium to any other address which is not a post office of poste restantephysical address.
c. 17.3. Any notice given and any payment made by a Party to any of the others another Party (“the addressee”) which:
i. Is 17.3.1. 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, addressee to have been received by the addressee at the time of deliverdelivery;
ii17.3.2. Is 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) seventh day after the date of posting.
d. 17.4. Where, in terms of this Agreement any communication is required to be in writing, the term “writing” shall include communications by facsimile or electronic mail or facsimilemail. 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 twenty-four) hours after the time of transmission. Communications by way of electronic mail shall, unless the contrary is proved by the addressee, be deemed to have been received by the addressee 12 (twelve) hours after the time of transmission.
17.5. Notwithstanding anything to the contrary herein contained in 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 citandi et executandi.
Appears in 2 contracts
Samples: Consortium Agreement (Montauk Renewables, Inc.), Consortium Agreement (Montauk Renewables, Inc.)