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.
Appears in 3 contracts
Samples: Sale Agreement, Sale Agreement, Sale Agreement
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 xxxxxxx 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.
Appears in 2 contracts
Samples: Offer to Purchase, Sale Agreement
NOTICES AND DOMICILIA. 23.1 16.1 The Parties to the Agreement choose the following addresses as their respective domicilia citandi et executandi for the purpose of legal proceedings all purposes arising hereunder and as their respective addresses for the purposes service of giving or sending any notice provided for or necessary in terms of this Agreement, notices required to be served upon them hereunder:-
16.1.1 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 domiciliumSELLER at FAX NO.
23.2 All notices to be given 16.1.2 the PURCHASERS at FAX NO.
16.2 Any notice or communication required or permitted in terms of this Agreement will shall be valid and effective only if in writing and will but it shall be competent to give such notice by telefax.
16.3 Either party may by notice to the other change the physical address chosen as its/his domicilium, or may advise a telefax number or change the telefax number; provided that such change[s] shall only become effective on the sixth business day after the date of receipt, or deemed date of receipt, of such notice by the addressee.
16.4 Any notice to a party shall –
23.2.1 if 16.4.1 If sent by pre-paid registered post, be deemed to have been received on the sixth business day after posting unless the contrary is proved.
16.4.2 If delivered by hand during hand, shall be deemed to have been received on the day of delivery or on the next business hoursday if the day of delivery is not a business day.
16.4.3 If sent by telefax, shall be rebuttably presumed deemed to have been received on the date of delivery; any notice delivered after business hours dispatch or on a the next business day which if the time of dispatch is not on a business day will unless the contrary shall otherwise 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 dayproved.
23.3 Any notice in terms of 16.4.4 Notwithstanding anything to the Agreement shall only be validly given if in written or printed paper based form. For the avoidance of doubtcontrary herein contained, 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 notice 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 communication actually received by the Party a party to whom the this Agreement shall be an adequate written notice is addressed, will be deemed or communication to have been properly given and received, it/him notwithstanding that it was not sent to or delivered at the chosen domicilium citandi et executandi or transmitted to such notice has not been given in accordance with the provisions of this clause 24party's telefax number as stipulated herein.
Appears in 2 contracts
Samples: Sale Agreement, Agreement of Sale
NOTICES AND DOMICILIA. 23.1 The Parties choose 17.1 Each party chooses the address provided during on Astute Online as their respective domicilia its domicilium citandi et executandi at which all notices, legal processes and other communications must be delivered for the purpose of legal proceedings and for the purposes of giving this Agreement:
17.2 Any notice or sending any notice provided for communication required or necessary permitted to be given in terms of this Agreementthe Agreement shall be valid and effective only if in writing, the addresses and telefax numbers stated in the Sale Agreement, provided that a but it shall be competent to give notice by e-mail.
17.3 Each party may change its domicilium to any other physical address or telefax number by written notice to the other parties party change its chosen address to another physical address and/or its chosen e-mail address, provided that effect. Such the change of address will be shall become effective 5 on the 7th (fiveSeventh) business days day after the receipt of the notice of by the change of domiciliumaddressee.
23.2 All notices 17.4 Any notice to be given a party contained in terms of this Agreement will be in writing and will –a correctly addressed envelope and:
23.2.1 if 17.4.1 sent by prepaid registered post to it at its chosen address; or
17.4.2 delivered by hand to a responsible person during business hours, be rebuttably presumed to have been received on the date of delivery; any notice delivered after ordinary 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 hoursat its chosen address, 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, in the case of clause 17.4.1, on the 7th (Seventh) business day after posting (unless the contrary is proved) and, in the case of clause 17.4.2, on the day following the date of delivery.
17.5 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 within 24 (Twenty-Four) hours of transmission where it is transmitted during normal business hours or within 24 (Twenty-Four) hours of the opening of business on the 1st (First) business day after it is transmitted where it is transmitted outside those business hours.
17.6 Notwithstanding anything to the contrary contained herein, a written notice or communication actually received by a party shall be an adequate written notice or communication to it, notwithstanding that such notice has was not been given in accordance with the provisions of this clause 24sent to or delivered at its chosen domicilium citandi et executandi.
Appears in 2 contracts
Samples: Astute Online Compliance Service Agreement, Astute Online Compliance Service Agreement
NOTICES AND DOMICILIA. 23.1 17.1 The Parties choose select as their respective domicilia citandi et executandi for the purpose of legal proceedings following physical addresses, and for the purposes of giving or sending any notice provided for or necessary in terms of required under this Agreement, the said physical addresses and as well as the following telefax numbers stated in - Harmony Block 27 Randfontein Office Park Cnr Main Reef Road and Xxxx Avenue Randfontein +00 (0)00 000 0000 Marked for the Sale Agreement, attention of: The Chief Executive Officer Wits Gold 00xx Xxxxx 00 Xxx Xxxxxx Xxxxxxxxxxxx (011) 838 3208 Marked for the attention of: The Company Secretary provided that a party 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 Party to that effect. Such change of address will be effective 5 (five) business days after receipt of the notice of the change of domiciliumchange.
23.2 17.2 All notices to be given in terms of this Agreement will be given in writing and will –-
23.2.1 17.2.1 be delivered by hand or sent by telefax;
17.2.2 if delivered by hand during business hours, be rebuttably presumed to have been received on the date of delivery; any . 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 17.2.3 if sent by telefax during business hours, be rebuttably presumed to have been received on the date of successful transmission of the telefax; any . 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 17.3 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 the provisions of this clause 2417.
Appears in 2 contracts
Samples: Mining Right Abandonment Agreement (Harmony Gold Mining Co LTD), Mining Right Abandonment Agreement (Harmony Gold Mining Co LTD)
NOTICES AND DOMICILIA. 23.1 13.1 The Parties parties to the Agreement choose the addresses set out in the Conditions of Sale as their respective domicilia citandi et executandi for the purpose of legal proceedings all purposes arising here out and as their respective addresses for the purposes service 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 notices required 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 domiciliumserved upon them hereunder.
23.2 All notices to be given 13.2 Any notice or communication required or permitted in terms of this Agreement will shall be valid and effective only if in writing and will –but it shall be competent to give such notice by telefax or email.
23.2.1 if 13.3 Either party may by notice to the other, change the physical address chosen as its/his domicilium, or may advise a telefax number or email address or change the telefax number or email address, provided that such change(s) shall only become effective on the 6th (sixth) business day after the date of receipt, or deemed date of receipt, of such notice by the addressee.
13.4 Any notice to a party shall:
13.4.1 If sent by pre-paid registered post, be deemed to have been received on the 4th (fourth) business day after posting unless the contrary is proved.
13.4.2 If delivered by hand during hand, shall be deemed to have been received on the day of delivery or on the next business hoursday if the day of delivery is not a business day.
13.4.3 If sent by telefax or email, shall be rebuttably presumed deemed to have been received on the date of delivery; any notice delivered after business hours dispatch, or on a the next business day which if the time of dispatch is not on a business day will day, unless the contrary shall otherwise 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 dayproved.
23.3 Any notice in terms of 13.5 Notwithstanding anything to 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 abovecontrary herein contained, any written notice given in writing, and or communication actually received by the Party a party to whom the this Agreement shall be an adequate written notice is addressed, will be deemed or communication to have been properly given and receivedit/him, notwithstanding that it was not sent to or delivered at the chosen domicilium citandi et executandi or transmitted to such notice has not been given in accordance with the provisions of this clause 24party’s telefax number as stipulated herein.
Appears in 2 contracts
Samples: Sale Agreement, Sale Agreement
NOTICES AND DOMICILIA. 23.1 22.1 The Parties choose select as their respective domicilia citandi et executandi for the purpose of legal proceedings following physical addresses, and for the purposes of giving or sending any notice provided for or necessary in terms of required under this Agreement, the said physical addresses and as well as the following telefax numbers stated in - Taung Suite 4A (012) 665-3641 Manhattan Office Park 00 Xxxxxx Xxxxxx Xxxxxxxx Xxxxxx Xxxx Xxxxxxxxx Marked for the Sale Agreement, attention of: The Manager Evander Block 00 (000) 000-0000 Xxxxxxxxxxx Xxxxxx Xxxx Xxxxxx Xxxx Xxxx Xxxx and Xxxx Avenue Randfontein Marked for the attention of: The Company Secretary provided that a party 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 Party to that effect. Such change of address will be effective 5 (five) business days after receipt of the notice of the change of domiciliumchange.
23.2 22.2 All notices to be given in terms of this Agreement will be given in writing writing, in English, and will –-
23.2.1 22.2.1 be delivered by hand or sent by telefax;
22.2.2 if delivered by hand during business hours, be rebuttably presumed to have been received on the date of delivery; any . 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 22.2.3 if sent by telefax during business hours, be rebuttably presumed to have been received on the date of successful transmission of the telefax; any . 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 22.3 Notwithstanding the above, any notice given in writingwriting in English, 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.
22.4 The Parties record that whilst they may correspond via email during the provisions currency of this clause 24Agreement for operational reasons, no formal notice required in terms of this Agreement, nor any amendment of or variation to this Agreement may be given or concluded via email.
Appears in 1 contract
Samples: Joint Venture Agreement (Harmony Gold Mining Co LTD)
NOTICES AND DOMICILIA. 23.1 37.1 The Parties choose select as their respective domicilia citandi et executandi for the purpose of legal proceedings following physical addresses, and for the purposes of giving or sending any notice provided for or necessary in terms of required under this AgreementPolicy, the said physical addresses and as well as the following telefax numbers stated in - Name Physical Address Telefax the Sale Agreement, Insurer Block C7 & C8 Eco Origins Office Park 000 Xxxxx Xxxxx Xxxxxx Highveld Ext 79 Centurion +00 00 000-0000 Marked for the attention of: Portfolio Management and Workout Unit Name Physical Address Telefax the Insured Marked for the attention of: [] provided that a party 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 Party to that effect. Such change of address will be effective 5 (five) business days Business Days after receipt of the notice of the change of domiciliumchange.
23.2 37.2 All notices to be given in terms of this Agreement Policy will be given in writing writing, in English, and will –-
23.2.1 37.2.1 if sent by courier in a correctly addressed envelope to it at its chosen address shall be deemed to have been received on the 3rd (third) Business Day after sending (unless the contrary is proved);
37.2.2 if delivered by hand during business hours, be rebuttably presumed to have been received on the date of delivery; any . Any notice delivered after business hours or on a day which is not a business day Business Day will be rebuttably presumed to have been received on the following business dayBusiness Day; and
23.2.2 37.2.3 if sent by telefax during business hours, be rebuttably presumed to have been received on the date of successful transmission of the telefax; any . Any telefax sent after business hours or on a day which is not a business day Business Day will rebuttably be presumed to have been received on the following business dayBusiness 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 37.3 Notwithstanding the above, any notice given in writingwriting in English, 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.
37.4 The Parties record that whilst they may correspond via email during the provisions currency of this clause 24Policy for operational reasons, no formal notice required in terms of this Policy, nor any amendment of or variation to this Policy may be given or concluded via email.
Appears in 1 contract
Samples: Export Credit Insurance Contract
NOTICES AND DOMICILIA. 23.1 11.1 The Parties choose select as their respective domicilia citandi et executandi for the purpose of legal proceedings following physical addresses, and for the purposes of giving or sending any notice provided for or necessary in terms of required under this Agreement, the said physical addresses as well as the following email addresses - Address: xxx xxx Email: xxx Company: Address: Net 1 UEPS Technologies, Inc. Xxxxxxxxx Xxxxx, 0xx Xxxxx, Cnr. Xxx Xxxxx Avenue and telefax numbers stated in the Sale AgreementXxxxxx Xxxx, Xxxxxxxx, Xxxxxxxxxxxx 0000, Xxxxx Xxxxxx Attn: Xxxxx Xxxxx Email: Xxxxx.Xxxxx@Xxx0.xxx provided that a party Party may change its domicilium to another physical address (provided that such physical address is not a post office box or poste restante), or may change its address for the purposes of notices to any other physical address or telefax number email address by written notice to the other parties Parties to that effect. Such change of address will be effective 5 (five) business days after receipt of the notice of the change of domiciliumchange.
23.2 11.2 All notices to be given in terms of this Agreement will be given in writing and will –-
23.2.1 11.2.1 be delivered by hand or sent by email;
11.2.2 if delivered by hand during business hours, be rebuttably presumed to have been received on the date of delivery; any . 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 11.2.3 if sent by telefax email during business hours, be rebuttably presumed to have been received on the date of successful transmission of the telefax; any telefax email. Any email 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 11.3 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 the provisions of this clause 24clause.
Appears in 1 contract
Samples: Contract of Employment (Net 1 Ueps Technologies Inc)
NOTICES AND DOMICILIA. 23.1 12.1 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 following addresses and telefax numbers stated in for each of them – Name Khumo Gold SPV The Birches Riverwoods Office Park Xxxxxxx Road Bedfordview +00 (0)00 000 0000 Marked for the Sale Agreement, attention of: Xx Xxxxxx Ncholo Company 4 Ebsco House +00 (0)00 000 0000 000 Xxxxxxxxx Xxx Blackheath Marked for the attention of: N Pretorius provided that a party Party may change its domicilium to any other physical address or telefax number within the Republic of South Africa by written notice to the other parties Party to that effect. Such change of address will be effective 5 (five) business days after receipt of the notice of the change of domicilium.of
23.2 12.2 All notices to be given in terms of this Agreement will be in writing and will –-
23.2.1 12.2.1 be delivered by hand or sent by telefax;
12.2.2 if delivered by hand during business hours, be rebuttably presumed to have been received on the date of delivery; any . 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 12.2.3 if sent by telefax during business hours, be rebuttably presumed to have been received on the date of successful transmission of the telefax; any . 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 12.3 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.
12.4 The Parties record that whilst they may correspond via email during the provisions currency of this clause 24Agreement for operational reasons, no formal notice required in terms of this Agreement, nor any amendment of or variation to this Agreement may be given or concluded via email.
Appears in 1 contract
Samples: Class B Preference Share Subscription Agreement (Drdgold LTD)
NOTICES AND DOMICILIA. 23.1 15.1 The Parties choose select as their respective domicilia citandi et executandi for the purpose of legal proceedings following physical addresses, and for the purposes of giving or sending any notice provided for or necessary in terms of required under this Agreement, the said physical addresses and as well as the following telefax numbers stated in - Subscriber 3rd Floor 011 880 7080 President Place Xxx Xxx Xxxxx Ave & Xxxxxx Xx Rosebank Marked for the Sale Agreement, attention of: The Chief Executive Officer Company 00 Xxxxxxxx Xxxxx Xxxx Xxxxxxxxxxx Extension Sandton Marked for the attention of: The Chief Executive Officer provided that a party Party may change its domicilium or its address for the purposes of notices to any other physical address or telefax number in the Republic of South Africa by written notice to the other parties Party to that effect. Such change of address will be effective 5 (five) business days after receipt of the notice of the change of domiciliumchange.
23.2 15.2 All notices to be given in terms of this Agreement will be given in writing writing, in English, and will –-
23.2.1 15.2.1 be delivered by hand or sent by telefax;
15.2.2 if delivered by hand during business hours, be rebuttably presumed to have been received on the date of delivery; any . 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 15.2.3 if sent by telefax during business hours, be rebuttably presumed to have been received on the date of successful transmission of the telefax; any . 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 15.3 Notwithstanding the above, any notice given in writingwriting in English, 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.
15.4 The Parties record that whilst they may correspond via email during the provisions currency of this clause 24Agreement for operational reasons, no formal notice required in terms of this Agreement, nor any amendment of or variation to this Agreement may be given or concluded via email.
Appears in 1 contract
Samples: Subscription Agreement (Net 1 Ueps Technologies Inc)
NOTICES AND DOMICILIA. 23.1 30.1 The Parties choose select as their respective domicilia citandi et executandi for the purpose of legal proceedings following physical addresses, and for the purposes of giving or sending any notice provided for or necessary in terms of required under this AgreementPolicy, the said physical addresses and as well as the following telefax numbers stated in - the Sale AgreementInsurer: Block C7 & C8, Eco Origins Xxxxxx Xxxx 000 Xxxxx Xxxxx Xxxxxx Highveld Ext 79 Centurion +00 00 000-0000 Marked for the attention of: Portfolio Administration Unit the Insured: [] [] Marked for the attention of: Head: Post Investment Monitoring Department provided that a party 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 Party to that effect. Such change of address will be effective 5 (five) business days Business Days after receipt of the notice of the change of domiciliumchange.
23.2 30.2 All notices to be given in terms of this Agreement Policy will be given in writing writing, in English, and will –
23.2.1 30.2.1 if 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);
30.2.2 if delivered by hand during business hours, be rebuttably presumed to have been received on the date of delivery; any . Any notice delivered after business hours or on a day which is not a business day Business Day will be rebuttably presumed to have been received on the following business dayBusiness Day; and
23.2.2 30.2.3 if sent by telefax during business hours, be rebuttably presumed to have been received on the date of successful transmission of the telefax; any . Any telefax sent after business hours or on a day which is not a business day Business Day will rebuttably be presumed to have been received on the following business dayBusiness 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 30.3 Notwithstanding the above, any notice given in writingwriting in English, 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.
30.4 The Parties record that whilst they may correspond via email during the provisions currency of this clause 24Policy for operational reasons, no formal notice required in terms of this Policy, nor any amendment of or variation to this Policy may be given or concluded via email.
Appears in 1 contract
Samples: Export Credit Insurance Investment Insurance Policy
NOTICES AND DOMICILIA. 23.1 16.1 The Parties choose select as their respective domicilia citandi et executandi for the purpose of legal proceedings following physical addresses, and for the purposes of giving or sending any notice provided for or necessary in terms of required under this Agreement, the said physical addresses and as well as the following telefax numbers stated in - Name Physical Address Telefax Subscriber 3rd Floor 011 880 7080 President Place Xxx Xxx Xxxxx Ave & Xxxxxx Xx Rosebank Marked for the Sale Agreement, attention of: The Chief Executive Officer Name Physical Address Telefax Company 00 Xxxxxxxx Xxxxx Xxxx Xxxxxxxxxxx Extension Sandton Marked for the attention of: The Chief Executive Officer provided that a party Party may change its domicilium or its address for the purposes of notices to any other physical address or telefax number in the Republic of South Africa by written notice to the other parties Party to that effect. Such change of address will be effective 5 (five) business days after receipt of the notice of the change of domiciliumchange.
23.2 16.2 All notices to be given in terms of this Agreement will be given in writing writing, in English, and will –-
23.2.1 16.2.1 be delivered by hand or sent by telefax;
16.2.2 if delivered by hand during business hours, be rebuttably presumed to have been received on the date of delivery; any . 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 16.2.3 if sent by telefax during business hours, be rebuttably presumed to have been received on the date of successful transmission of the telefax; any . 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 16.3 Notwithstanding the above, any notice given in writingwriting in English, 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.
16.4 The Parties record that whilst they may correspond via email during the provisions currency of this clause 24Agreement for operational reasons, no formal notice required in terms of this Agreement, nor any amendment of or variation to this Agreement may be given or concluded via email.
Appears in 1 contract
Samples: Subscription Agreement
NOTICES AND DOMICILIA. 23.1 The Parties choose select as their respective domicilia citandi et executandi for the purpose of legal proceedings following physical addresses, and for the purposes of giving or sending any notice provided for or necessary in terms of required under this Agreement, the said physical addresses and as well as the following telefax numbers stated in - The Company and 0xx Xxxxx, Xxxxxxxxx Xxxxx 011 880 7080 NET1 Xxx Xxx Xxxxx Avenue and Xxxxxx Road Rosebank BEE SPV 00 Xxxxxxx Xxxx 086 721 4936 Parkwood 2196 Mosomo 00 Xxxxxxx Xxxx 086 721 4936 Parkwood 2196 Marked for the Sale Agreement, attention of: Khomotso Xxxxx Mosehla provided that a party 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 Party to that effect. Such change of address will be effective 5 (five) business days after receipt of the notice of the change of domiciliumchange.
23.2 All notices to be given in terms of this Agreement will be given in writing and will –-
23.2.1 be delivered by hand or sent by telefax, and not by way of email;
23.2.2 if delivered by hand during business hours, be rebuttably presumed to have been received on the date of delivery; any . 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 23.2.3 if sent by telefax during business hours, be rebuttably presumed to have been received on the date of successful transmission of the telefax; any . 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 2423.
Appears in 1 contract
Samples: Relationship Agreement (Net 1 Ueps Technologies Inc)
NOTICES AND DOMICILIA. 23.1 13.1 The Parties parties to the Agreement choose the addresses set out in the Conditions of Sale as their respective domicilia citandi et executandi for the purpose of legal proceedings all purposes arising here out and as their respective addresses for the purposes service 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 notices required 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 domiciliumserved upon them hereunder.
23.2 All notices to be given 13.2 Any notice or communication required or permitted in terms of this Agreement will shall be valid and effective only if in writing and will –but it shall be competent to give such notice by telefax.
23.2.1 if 13.3 Either party may by notice to the other, change the physical address chosen as its/his domicilium, or may advise a telefax number or change the telefax number; provided that such change(s) shall only become effective on the 6th (sixth) business day after the date of receipt, or deemed date of receipt, of such notice by the addressee.
13.4 Any notice to a party shall:
13.4.1 If sent by pre-paid registered post, be deemed to have been received on the 4th (fourth) business day after posting unless the contrary is proved.
13.4.2 If delivered by hand during hand, shall be deemed to have been received on the day of delivery or on the next business hoursday if the day of delivery is not a business day.
13.4.3 If sent by telefax, shall be rebuttably presumed deemed to have been received on the date of delivery; any notice delivered after business hours dispatch, or on a the next business day which if the time of dispatch is not on a business day will day, unless the contrary shall otherwise 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 dayproved.
23.3 Any notice in terms of 13.5 Notwithstanding anything to 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 abovecontrary herein contained, any written notice given in writing, and or communication actually received by the Party a party to whom the this Agreement shall be an adequate written notice is addressed, will be deemed or communication to have been properly given and receivedit/him, notwithstanding that it was not sent to or delivered at the chosen domicilium citandi et executandi or transmitted to such notice has not been given in accordance with the provisions of this clause 24party’s telefax number as stipulated herein.
Appears in 1 contract
Samples: Sale Agreement
NOTICES AND DOMICILIA. 23.1 16.1 The Parties choose select as their respective domicilia citandi et executandi for the purpose of legal proceedings following physical addresses, and for the purposes of giving or sending any notice provided for or necessary in terms of required under this Agreement, the said physical addresses and as well as the following telefax numbers stated in - Subscriber 3rd Floor 011 880 7080 President Place Xxx Xxx Xxxxx Ave & Xxxxxx Xx Rosebank Marked for the Sale Agreement, attention of: The Chief Executive Officer Company 00 Xxxxxxxx Xxxxx Xxxx Xxxxxxxxxxx Extension Sandton Marked for the attention of: The Chief Executive Officer provided that a party Party may change its domicilium or its address for the purposes of notices to any other physical address or telefax number in the Republic of South Africa by written notice to the other parties Party to that effect. Such change of address will be effective 5 (five) business days after receipt of the notice of the change of domiciliumchange.
23.2 16.2 All notices to be given in terms of this Agreement will be given in writing writing, in English, and will –-
23.2.1 16.2.1 be delivered by hand or sent by telefax;
16.2.2 if delivered by hand during business hours, be rebuttably presumed to have been received on the date of delivery; any . 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 16.2.3 if sent by telefax during business hours, be rebuttably presumed to have been received on the date of successful transmission of the telefax; any . 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 16.3 Notwithstanding the above, any notice given in writingwriting in English, 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.
16.4 The Parties record that whilst they may correspond via email during the provisions currency of this clause 24Agreement for operational reasons, no formal notice required in terms of this Agreement, nor any amendment of or variation to this Agreement may be given or concluded via email.
Appears in 1 contract
Samples: Subscription Agreement (Net 1 Ueps Technologies Inc)
NOTICES AND DOMICILIA. 23.1 12.1 The Parties choose as their respective domicilia domicllia 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 following addresses and telefax numbers stated in for each of them – Khumo Gold SPV The Birches Riverwoods Office Park Xxxxxxx Road Bedfordview +00 (0)00 000 0000 Marked for the Sale Agreement, attention of Xx Xxxxxx Ncholo Company 4 Ebsco House +00 (0)00 000 0000 000 Xxxxxxxxx Xxx Blackheath Marked for the attention of: N Pretorius provided that a party Party may change its domicilium to any other physical address or telefax number within the Republic of South Africa by written notice to the other parties Party to that effect. Such change of address will be effective 5 (five) business days after receipt of the notice of the change of domicilium.of
23.2 12.2 All notices to be given in terms of this Agreement will be in writing and will –-
23.2.1 12.2.1 be delivered by hand or sent by telefax;
12.2.2 if delivered by hand during business hours, be rebuttably presumed to have been received on the date of delivery; any . 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 12.2.3 if sent by telefax during business hours, be rebuttably presumed to have been received on the date of successful transmission of the telefax; any . 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 12.3 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.
12.4 The Parties record that whilst they may correspond via email during the provisions currency of this clause 24Agreement for operational reasons, no formal notice required in terms of this Agreement, nor any amendment of or variation to this Agreement may be given or concluded via email.
Appears in 1 contract
Samples: Class B Preference Share Subscription Agreement (Drdgold LTD)
NOTICES AND DOMICILIA. 23.1 The Parties choose 17.1 Each party chooses the address provided during on Astute Online as their respective domicilia its domicilium citandi et executandi at which all notices, legal processes and other communications must be delivered for the purpose of legal proceedings and for the purposes of giving this Agreement:
17.2 Any notice or sending any notice provided for communication required or necessary permitted to be given in terms of this Agreementthe Agreement shall be valid and effective only if in writing, the addresses and telefax numbers stated in the Sale Agreement, provided that a but it shall be competent to give notice by e- mail.
17.3 Each party may change its domicilium to any other physical address or telefax number by written notice to the other parties party change its chosen address to another physical address and/or its chosen e-mail address, provided that effect. Such the change of address will be shall become effective 5 on the 7th (fiveSeventh) business days day after the receipt of the notice of by the change of domiciliumaddressee.
23.2 All notices 17.4 Any notice to be given a party contained in terms of this Agreement will be in writing and will –a correctly addressed envelope and:
23.2.1 if 17.4.1 sent by prepaid registered post to it at its chosen address; or
17.4.2 delivered by hand to a responsible person during business hours, be rebuttably presumed to have been received on the date of delivery; any notice delivered after ordinary 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 hoursat its chosen address, 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, in the case of clause 17.4.1, on the 7th (Seventh) business day after posting (unless the contrary is proved) and, in the case of clause 17.4.2, on the day following the date of delivery.
17.5 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 within 24 (Twenty-Four) hours of transmission where it is transmitted during normal business hours or within 24 (Twenty-Four) hours of the opening of business on the 1st (First) business day after it is transmitted where it is transmitted outside those business hours.
17.6 Notwithstanding anything to the contrary contained herein, a written notice or communication actually received by a party shall be an adequate written notice or communication to it, notwithstanding that such notice has was not been given in accordance with the provisions of this clause 24sent to or delivered at its chosen domicilium citandi et executandi.
Appears in 1 contract
NOTICES AND DOMICILIA. 23.1 38.1 The Parties choose select as their respective domicilia citandi et executandi for the purpose of legal proceedings following physical addresses, and for the purposes of giving or sending any notice provided for or necessary in terms of required under this AgreementPolicy, the said physical addresses and as well as the following telefax numbers stated in – the Sale AgreementInsurer: Block C7 & C8 Eco Origins +00 00 000-0000 Office Park 000 Xxxxx Xxxxx Xxxxxx Highveld Ext 79 Centurion Marked for the attention of: Portfolio Management and Workout Unit the Insured: 0xx Xxxxx, Xxxx Wing +27 86 587-6786 00 Xxxxx Xxxxxx Rosebank 2196 Marked for the attention of: Head: P&I the Commercial Bank Facility 0 Xxxxxxxx Xxxxx 00xx Xxxxx +00 00 000-0000 Agent: 0 Xxxxxxx Xxxxx Sandton 2196 Marked for the attention of: Head of Transaction Management: IFS provided that a party 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 Party to that effect. Such change of address will be effective 5 (five) business days Business Days after receipt of the notice of the change of domiciliumchange.
23.2 38.2 All notices to be given in terms of this Agreement Policy will be given in writing writing, in English, and will –-
23.2.1 38.2.1 if 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);
38.2.2 if delivered by hand during business hours, be rebuttably presumed to have been received on the date of delivery; any . Any notice delivered after business hours or on a day which is not a business day Business Day will be rebuttably presumed to have been received on the following business dayBusiness Day; and
23.2.2 38.2.3 if sent by telefax during business hours, be rebuttably presumed to have been received on the date of successful transmission of the telefax; any . Any telefax sent after business hours or on a day which is not a business day Business Day will rebuttably be presumed to have been received on the following business dayBusiness 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 38.3 Notwithstanding the above, any notice given in writingwriting in English, 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.
38.4 The Parties record that whilst they may correspond via email during the provisions currency of this clause 24Policy for operational reasons, no formal notice required in terms of this Policy, nor any amendment of or variation to this Policy may be given or concluded via email.
Appears in 1 contract
Samples: Export Credit Insurance Policy
NOTICES AND DOMICILIA. 23.1 27.1 The Parties choose select as their respective domicilia citandi et executandi for the purpose of legal proceedings following physical addresses, and for the purposes of giving or sending any notice provided for or necessary in terms of required under this Agreement, the said physical addresses and as well as the following telefax numbers stated in the Sale Agreement, - Name Physical Address Telefax Eskom Holdings Limited [●] [●] Name Physical Address Telefax [●] [●] [●] provided that a party 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 Party to that effect. Such change of address will be effective 5 (five) business days after receipt of the notice of the change of domiciliumchange.
23.2 27.2 All notices to be given in terms of this Agreement will be given in writing writing, in English, and will –-
23.2.1 27.2.1 be delivered by hand or sent by telefax;
27.2.2 if delivered by hand during business hours, be rebuttably presumed to have been received on the date of delivery; any . 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 27.2.3 if sent by telefax during business hours, be rebuttably presumed to have been received on the date of successful transmission of the telefax; any . 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 27.3 Notwithstanding the above, any notice given in writingwriting in English, 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.
27.4 The Parties record that whilst they may correspond via email during the provisions currency of this clause 24Agreement for operational reasons, no formal notice required in terms of this Agreement, nor any amendment of or variation to this Agreement may be given or concluded via email.
Appears in 1 contract
Samples: Section 37(2) Agreement
NOTICES AND DOMICILIA. 23.1 The Parties choose 5.1. Each Party chooses the address set out opposite their name below as their respective domicilia domicilium citandi et executandi for the purpose of at which all notices, legal proceedings processes and other communications must be delivered for the purposes of giving or sending any this Agreement:
5.1.1. GladAfrica: Physical Address: GladAfrica House, Hertford Office Park, Block X, 00 Xxxxxx Xxxx, Xxxxxxx, 1686 Email Address: Xxxxxxxxxx@xxxxxxxxxx.xxx Attention: Mr X Xxxxxx
5.1.2. Xxxx: Physical Address: 3rd Floor, Building 0, 00 Xxxxx Xxxxxx, Houghton Estate, Rosebank, 2196 Email Address: Attention: Mr X Xxxxx
5.2. The Parties may, on written notice provided for or necessary to the others, change the address nominated by it in terms of this Agreement, the addresses and telefax numbers stated in the Sale Agreement, provided that a party may change its domicilium clause 5.1 above 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 hoursPost Office Box or similar) or email address, 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 provided that such change shall only be validly given if in written or printed paper based form. For deemed to be effective on the avoidance of doubt, where any provision 7th (Seventh) day after the last 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 Parties has 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 245.
5.3. Any notice given in terms of this Agreement shall be in writing and shall:
5.3.1. if delivered by hand or electronic mail, be deemed to have been duly received by the addressee on the date of delivery, unless delivered after 17h00 or on a day other than a business day, in which event it shall be deemed to have been duly received by the addressee on the first business day following the date of delivery; and
5.3.2. if delivered by recognised international courier service, be deemed to have been duly received by the addressee on the first business day following the date of such delivery by the courier service concerned.
5.4. Notwithstanding anything to the contrary contained in this Agreement, a written notice or communication actually received by a Party shall be an adequate written notice or communication to such Party notwithstanding that it was not sent to or delivered at such Party’s chosen domicilium citandi et executandi.
Appears in 1 contract
Samples: Settlement Agreement
NOTICES AND DOMICILIA. 23.1 21.1 The Parties parties to the Agreement choose the addresses set out in A1 and A2 as their respective domicilia citandi et executandi (means The physical address given by you which you have chosen where summonses, legal documents and notices can be served on you) for all purposes arising hereout and as their respective addresses for the purpose service 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 notices required 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 domiciliumserved upon them hereunder.
23.2 All notices to be given 21.2 Any notice or communication required or permitted in terms of this Agreement will shall be valid and effective only if in writing and will –but it shall be competent to give such notice by telefax or email.
23.2.1 if 21.3 Either party may by notice to the other change the physical address chosen as its/his domicilium, or may advise a telefax number or email address or change the telefax number or email address, provided that such change(s) shall only become effective on the sixth business day after the date of receipt or deemed date of receipt of such notice by the addressee.
21.4 Any notice to a party shall:
21.4.1 If sent by pre-paid registered post, be deemed to have been received on the fourth business day after posting unless the contrary is proved.
21.4.2 If delivered by hand during hand, shall be deemed to have been received on the day of delivery or on the next business hours, day if the day of delivery is not a business day.
21.4.3 If sent by telefax or email it shall be rebuttably presumed deemed to have been received on the date of delivery; any notice delivered after business hours dispatch or on a the next business day which if the time of dispatch is not on a business day will unless the contrary shall otherwise 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 dayproved.
23.3 Any notice in terms of 21.5 Notwithstanding anything to 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 abovecontrary herein contained, any written notice given in writing, and or communication actually received by the Party a party to whom the this Agreement shall be an adequate written notice is addressed, will be deemed or communication to have been properly given and received, it/him notwithstanding that it was not sent to or delivered at the chosen domicilium citandi et executandi or transmitted to such notice has not been given in accordance with the provisions of this clause 24party’s telefax number or email address as stipulated herein.
Appears in 1 contract
Samples: Sale Agreement
NOTICES AND DOMICILIA. 23.1 The Parties choose as their respective domicilia 9.1 Each Party chooses its domicilium citandi et executandi at the address set out in this 9 for all purposes arising out of or in connection with this Agreement at which address all the purpose processes and notices arising out of legal proceedings and for or in connection with this Agreement, its breach or termination may validly be served upon or delivered to the Party concerned.
9.2 For the purposes of giving or sending any notice provided for or necessary in terms of this Agreement, the Parties respective addresses and telefax numbers stated in shall be –
9.2.1 as regards the Sale AgreementDisclosing Party at , provided that a party may change its domicilium to any email: , marked for the attention of: Ruan Van Der Xxxx; and
9.2.2 as regards the Informed Party , email: , marked for the attention of: , or at such other physical address or telefax facsimile number by written notice to of which the other parties to that effect. Such change of address will be effective 5 (five) business days after receipt of Party concerned may notify the notice of the change of domiciliumothers in writing.
23.2 All notices to be 9.3 Any notice given in terms of this Agreement will shall be in writing and will shall –
23.2.1 9.3.1 if delivered by hand during business hours, be rebuttably presumed deemed to have been duly received by the addressee on the date of delivery; any notice ;
9.3.2 if 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 recognised international courier service be deemed to have been properly given received by the addressee on the 1st (first) Business Day following the date of such delivery by the courier service concerned;
9.3.3 if transmitted by facsimile also be sent by e-mail, and receivedbe deemed to have been received by the addressee on the 1st (first) Business Day after despatch; and
9.3.4 if sent by e-mail, notwithstanding that be deemed to have been received by the addressee on the 1st (first) Business Day after sending.
9.4 Notwithstanding anything to the contrary contained in this Agreement, a written notice or communication actually received by one of the Parties from another shall be adequate written notice or communication to such notice has not been given in accordance with the provisions of this clause 24Party.
Appears in 1 contract
NOTICES AND DOMICILIA. 23.1 10.1 The Parties choose select as their respective domicilia citandi et executandi for the purpose of legal proceedings following physical addresses, and for the purposes of giving or sending any notice provided for or necessary in terms of required under this Agreement, the said physical addresses and telefax numbers stated in as well as the Sale Agreementfollowing email addresses — Net1 0xx Xxxxx Xxxxxxxxx Xxxxx xxxxxxx@xxx0.xxx Xxxxxx xx Xxx Xxxxx Avenue & Xxxxxx Road Rosebank 2121 Marked for the attention of: Xxxxxx Xxxxx Company 00/00 Xxxxxxxx Xxxxxxxx xxx Kramerville, 2031 Marked for the attention of: Xxxxxx Xxxx provided that a party Party may change its domicilium to another physical address in the Republic of South Africa (provided that such physical address is not a post office box or poste restante), or may change its address for the purposes of notices to any other physical address or telefax number email address by written notice to the other parties Parties to that effect. Such change of address will be effective 5 (five) business days after receipt of the notice of the change of domiciliumchange.
23.2 10.2 All notices to be given in terms of this Agreement will be given in writing and will –—
23.2.1 10.2.1 be delivered by hand or sent by email;
10.2.2 if delivered by hand during business hours, be rebuttably presumed to have been received on the date of delivery; any . 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 10.2.3 if sent by telefax email during business hours, be rebuttably presumed to have been received on the date of successful transmission of the telefax; any telefax email. Any email 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 10.3 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 the provisions of this clause 2410.
Appears in 1 contract
Samples: Subscription Agreement (Net 1 Ueps Technologies Inc)
NOTICES AND DOMICILIA. 23.1 12.1 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 following addresses and telefax numbers stated in for each of them – Name Khumo Gold SPV Physical Address The Birches Riverwoods Office Park Xxxxxxx Road Bedfordview +00 (0)00 000 0000 Marked for the Sale Agreement, attention of: Xx Xxxxxx Ncholo Company 4 Ebsco House +00 (0)00 000 0000 000 Xxxxxxxxx Xxx Blackheath Marked for the attention of: N Pretorius provided that a party Party may change its domicilium to any other physical address or telefax number within the Republic of South Africa by written notice to the other parties Party 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 12.2 All notices to be given in terms of this Agreement will be in writing and will –-
23.2.1 12.2.1 be delivered by hand or sent by telefax;
12.2.2 if delivered by hand during business hours, be rebuttably presumed to have been received on the date of delivery; any . 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 12.2.3 if sent by telefax during business hours, be rebuttably presumed to have been received on the date of successful transmission of the telefax; any . 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 12.3 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.
12.4 The Parties record that whilst they may correspond via email during the provisions currency of this clause 24Agreement for operational reasons, no formal notice required in terms of this Agreement, nor any amendment of or variation to this Agreement may be given or concluded via email.
Appears in 1 contract
Samples: Class B Preference Share Subscription Agreement (Drdgold LTD)
NOTICES AND DOMICILIA. 23.1 20.1 The Parties parties to the Agreement choose the addresses set out in A1 and A2 as their respective domicilia citandi et executandi (means The physical address given by you which you have chosen where summonses, legal documents and notices can be served on you) for all purposes arising here out and as their respective addresses for the purpose service 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 notices required 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 domiciliumserved upon them hereunder.
23.2 All notices to be given 20.2 Any notice or communication required or permitted in terms of this Agreement will shall be valid and effective only if in writing and will –writing, but it shall be competent to give such notice by telefax or email.
23.2.1 if 20.3 Either party may by notice to the other change the physical address chosen as its/his domicilium, or may advise a telefax number or email address or change the telefax number or email address, provided that such change(s) shall only become effective on the sixth business day after the date of receipt or deemed date of receipt of such notice by the addressee.
20.4 Any notice to a party shall:
20.4.1 If sent by pre-paid registered post, be deemed to have been received on the fourth business day after posting unless the contrary is proved.
20.4.2 If delivered by hand during hand, shall be deemed to have been received on the day of delivery or on the next business hours, day if the day of delivery is not a business day.
20.4.3 If sent by telefax or email it shall be rebuttably presumed deemed to have been received on the date of delivery; any notice delivered after business hours dispatch or on a the next business day which if the time of dispatch is not on a business day will unless the contrary shall otherwise 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 dayproved.
23.3 Any notice in terms of 20.5 Notwithstanding anything to 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 abovecontrary herein contained, any written notice given in writing, and or communication actually received by the Party a party to whom the this Agreement shall be an adequate written notice is addressed, will be deemed or communication to have been properly given and received, it/him notwithstanding that it was not sent to or delivered at the chosen domicilium citandi et executandi or transmitted to such notice has not been given in accordance with the provisions of this clause 24party’s telefax number or email address as stipulated herein.
Appears in 1 contract
Samples: Agreement of Sale
NOTICES AND DOMICILIA. 23.1 14.1 The Parties choose select as their respective domicilia citandi et executandi for the purpose of legal proceedings following physical addresses, and for the purposes of giving or sending any notice provided for or necessary in terms of required under this Agreement, the said physical addresses and as well as the following telefax numbers stated in – Freegold & Harmony Block 00 (000) 000 0000 Xxxxxxxxxxx Xxxxxx Xxxx Xxx Xxxx Xxxx Xxxx and Xxxx Avenue Randfontein Marked for the Sale Agreement, attention of: The Company Secretary Wits Gold 12th Floor (011) 838 3208 00 Xxx Xxxxxx Xxxxxxxxxxxx Marked for the attention of: The Company Secretary provided that a party 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 Parties to that effect. Such change of address will be effective 5 (five) business days after receipt of the notice of the change of domiciliumchange.
23.2 14.2 All notices to be given in terms of this Agreement will be given in writing and will –
23.2.1 14.2.1 be delivered by hand or sent by telefax;
14.2.2 if delivered by hand during business hours, be rebuttably presumed to have been received on the date of delivery; any . 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 14.2.3 if sent by telefax during business hours, be rebuttably presumed to have been received on the date of successful transmission of the telefax; any . 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 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 the provisions of this clause 2414.
Appears in 1 contract
Samples: Option Cancellation Agreement (Harmony Gold Mining Co LTD)
NOTICES AND DOMICILIA. 23.1 6.1 The Parties choose as their respective domicilia citandi et executandi their respective addresses set out in this 6 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.
6.2 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 Successful Tenderer chooses as its domicilium citandi et executandi the address reflected in the Sale AgreementAward of Tender document.
6.3 Samancor Chrome’s address shall be First Floor, provided that Block B, Xxxxxxxx Place, Xxxxxxxx Close, Morningside, Sandton, facsimile number: 011 245 1200, Attention: Group Legal Counsel, Samancor Chrome Limited; or such other address, not being a party post office box or poste restante, or other facsimile number of which the Party concerned may change its domicilium to any other physical address or telefax number by written notice to notify 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 domiciliumin writing.
23.2 All notices to be 6.4 Any notice given in terms of this Agreement will shall be in writing and will –shall -
23.2.1 6.4.1 if delivered by hand during business hourshand, be rebuttably presumed deemed to have been duly received by the addressee on the date of delivery; any notice ;
6.4.2 if 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 hoursrecognised international courier service, 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 receivedreceived by the addressee on the first Business Day following the date of such delivery by the courier concerned; and
6.4.3 if transmitted by facsimile, notwithstanding that be deemed to have been received by the addressee on the date of despatch (unless the time of despatch of any facsimile is after close of business in which case it shall be deemed to have been received at the opening of business on the next Business Day).
6.5 Notwithstanding anything to the contrary contained in this Agreement, a written notice or communication actually received by one of the Parties from another shall be adequate written notice of communication to such notice has not been given in accordance with the provisions of this clause 24Party.
Appears in 1 contract
Samples: Terms and Conditions of Tender
NOTICES AND DOMICILIA. 23.1 31.1 The Parties choose select as their respective domicilia citandi et executandi for the purpose of legal proceedings following physical addresses, and for the purposes of giving or sending any notice provided for or necessary in terms of required under this Agreement, the said physical addresses and as well as the following telefax numbers stated in – Seller, Harmony, Clidet No. 790. (Proprietary) Limited and Clidet No. 791 (Proprietary) Limited Block 27 Randfontein Office Park Xxx Xxxx Xxxx Xxxx & Xxxx Xxxxxx Randfontein +00 (0) 00 000 0000 Marked for the Sale Agreement, attention of: The Company Secretary Purchaser Taung and Xxxxxx Xxxxx Xxxxxx Xxxx 0xx Xxxxx Xxxxxx Xxxxxx East Fourways +00 00 000 0000 Marked for the attention of: Executive: Legal provided that a party 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 Parties to that effect. Such change of address will be effective 5 (five) business days after receipt of the notice of the change of domiciliumchange.
23.2 31.2 All notices to be given in terms of this Agreement will be given in writing and will –
23.2.1 31.2.1 be delivered by hand or sent by telefax;
31.2.2 if delivered by hand during business hours, be rebuttably presumed to have been received on the date of delivery; any . 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 31.2.3 if sent by telefax during business hours, be rebuttably presumed to have been received on the date of successful transmission of the telefax; any . 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 31.3 All notices to be given to the Seller in terms of the this 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 copied 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 hereofHarmony.
23.4 31.4 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 2431.
Appears in 1 contract
NOTICES AND DOMICILIA. 23.1 16.1 The Parties choose select as their respective domicilia citandi et executandi for the purpose of legal proceedings following physical addresses, and for the purposes of giving or sending any notice provided for or necessary in terms of required under this Agreement, the said physical addresses and telefax numbers stated in as well as the Sale Agreement, following email addresses — Target Mezzanine Level sipho.sono@opisadvisory.c x.xx Domestic Departures Terminal O.R. Tambo International Airport Kempton Park,1627 Marked for the attention of: Sipho Sono Bidder [●] [●] [●] [●] [●] Marked for the attention of: [●] provided that a party Party may change its domicilium to another physical address in South Africa (provided that such physical address is not a post office box or poste restante) or may change its address for the purposes of notices to any other physical address or telefax number email address by written notice to the other parties Party to that effect. Such change of address will be effective 5 (five) business days after receipt of the notice of the change of domiciliumchange.
23.2 16.2 All notices to be given in terms of this Agreement will be given in writing and will –—
23.2.1 16.2.1 be delivered by hand or sent by email;
16.2.2 if delivered by hand during business hours, be rebuttably presumed to have been received on the date of delivery; any . 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 16.2.3 if sent by telefax email during business hours, be rebuttably presumed to have been received on the date of successful transmission of the telefax; any telefax email. Any email 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 16.3 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 the provisions of this clause 2416.
Appears in 1 contract
NOTICES AND DOMICILIA. 23.1 24.1 The Parties choose select as their respective domicilia citandi et executandi for the purpose of legal proceedings following physical addresses, and for the purposes of giving or sending any notice provided for or necessary in terms of required under this Agreement, the said physical addresses and as well as the following telefax numbers stated in — Purchaser & Xxxxxxxxxxx Xxxxx 00 +00 00 000 0000 Randfontein Office Park Cnr Main Reef Road & Xxxx Avenue Randfontein Marked for the Sale Agreementattention of: The Company Secretary Xxxxxx 0x Xxxxx, Xxxxx B +00 00 000 0000 Cullinan Place Xxxxxxxx Close Morningside Sandton Marked for the attention of: The Chief Executive Officer provided that a party Party may change its domicilium or its address for the purposes of notices to any other physical address or telefax number in the Republic of South Africa by written notice to the other parties Parties to that effect. Such change of address will be effective 5 (five) business days after receipt of the notice of the change of domiciliumchange.
23.2 24.2 All notices to be given in terms of this Agreement will be given in writing writing, in English, and will –—
23.2.1 24.2.1 be delivered by hand or sent by telefax;
24.2.2 if delivered by hand during business hours, be rebuttably presumed to have been received on the date of delivery; any . 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 24.2.3 if sent by telefax during business hours, be rebuttably presumed to have been received on the date of successful transmission of the telefax; any . 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 24.3 Notwithstanding the above, any notice given in writingwriting in English, 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.
24.4 The Parties record that whilst they may correspond via email during the provisions currency of this clause 24Agreement for operational reasons, no formal notice required in terms of this Agreement, nor any amendment of or variation to this Agreement may be given or concluded via email.
Appears in 1 contract
NOTICES AND DOMICILIA. 23.1 The Parties choose select as their respective domicilia citandi et executandi for the purpose of legal proceedings following physical addresses, and for the purposes of giving or sending any notice provided for or necessary in terms of required under this Agreement, the said physical addresses and as well as the following telefax numbers stated in - SAA OR Tambo International Airport, Airways Park xxxxxxxxxxxxxx@xxxxxx.xxx 0 Xxxxx Xxxx 1627 Marked for the Sale Agreement, attention of: The Chief Procurement Officer / Commodity Manager Service Provider Marked for the attention of: ………………………….. provided that a party Party may change its domicilium or its address for the purposes of notices to any other physical address or telefax number in the Republic of South Africa by written notice to the other parties Party 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 change. All notices to be given in terms of this Agreement will be given in writing and will –
23.2.1 - be delivered by hand or sent by telefax; if delivered by hand during business hours, be rebuttably presumed to have been received on the date of delivery; any . 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 and if sent by telefax during business hours, be rebuttably presumed to have been received on the date of successful transmission of the telefax; any . 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 2419. If vis majore or force majeure or casus fortiutus ("Interrupting Circumstances") cause delays in or failure or partial failure of performance by a Party of all or any of its obligations hereunder, this Agreement or as the case may be, the affected portion thereof shall be suspended for the period during which the interrupting circumstances prevail, but if they affect any material part of the Agreement only for a maximum period of 30 (thirty) days whereafter any affected Party shall be entitled on 7 (seven) days' written notice to terminate this Agreement. Written notice of the Interrupting Circumstances specifying the nature and date of commencement thereof shall be despatched by the Party seeking to rely thereon (on whom the onus shall rest) to the other(s) as soon as reasonably possible after the commencement thereof. Written notice of the cessation of the Interrupting Circumstances shall be given by the Party who relied thereon within 7 (seven) days after cessation. No Party shall subsequently be obliged to comply with the obligations suspended during such period. For the purposes hereof vis majore and force majeure include acts or omissions of any government, government agency, provincial or local authority or similar authority, any laws or regulations having the force of law, civil strife, riots, insurrection, sabotage, acts or war or public enemy, interruption of transport, lockouts, inability on the part of any Party as a result of force majeure of the nature contemplated in this clause to obtain the goods from the supplier or contemplated supplier thereof, combination of workmen, prohibition of exports, rationing of supplies, flood, storm, fire or (without limitation eiusdem generis) any other circumstances beyond the reasonable control of the Party claiming force majeure or vis majore and comprehended in the terms force majeure or vis majore. This Agreement will also be for the benefit of and be binding upon the successors in title and permitted assigns of the Parties or either of them. This Agreement will in all respects be governed by and construed under the laws of the Ghana. Subject to clause 18, the Parties hereby consent and submit to the non-exclusive jurisdiction of the Xxxxx Xxxxxxx Xxxx Xxxxx, Xxxxxxxxxxxx in any dispute arising from or in connection with this Agreement.
Appears in 1 contract
NOTICES AND DOMICILIA. 23.1 12.1 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 following addresses and telefax numbers stated in for each of them – Khumo Gold SPV The Birches Riverwoods Office +00 (0)00 000 0000 & The Trust Park Xxxxxxx Road Bedfordview Marked for the Sale Agreement, attention of; Xx Xxxxxx Ncholo Name DRDGOLD 4 Ebsco House +00 (0)00 000 0000 000 Xxxxxxxxx Xxx Blackheath Marked for the attention of: N Pretorius provided that a party Party may change its domicilium to any other physical address or telefax number within the Republic of South Africa by written notice to the other parties Party 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 12.2 All notices to be given in terms of this Agreement will be in writing and will –-
23.2.1 12.2.1 be delivered by hand or sent by telefax;
12.2.2 if delivered by hand during business hours, be rebuttably presumed to have been received on the date of delivery; any . 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 12.2.3 if sent by telefax during business hours, be rebuttably presumed to have been received on the date of successful transmission of the telefax; any . 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 12.3 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.
12.4 The Parties record that whilst they may correspond via email during the provisions currency of this clause 24Agreement for operational reasons, no formal notice required in terms of this Agreement, nor any amendment of or variation to this Agreement may be given or concluded via email.
Appears in 1 contract
Samples: Class B Preference Share Subscription Agreement (Drdgold LTD)
NOTICES AND DOMICILIA. 23.1 24.1 The Parties parties to the Agreement choose the addresses set out in clauses A3 and B3 of the Information Schedule as their respective domicilia domicilium citandi et executandi for the purpose of legal proceedings all purposes arising hereout and as their respective addresses for the purposes service 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 notices required 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 domiciliumserved upon them hereunder.
23.2 All notices to be given 24.2 Any notice or communication required or permitted in terms of this Agreement will shall be valid and effective only if in writing and will but it shall be competent to give such notice by telefax and/or by e-mail.
24.3 Either party may by notice to the other change the physical address chosen as its notice address or may advise a telefax number and/or email address or change the telefax number and/or e-mail address; provided that such change(s) shall only become effective on the 6th (sixth) business day after the date of receipt, or deemed date of receipt, of such notice by the addressee.
24.4 Any notice to a party shall –
23.2.1 if 24.4.1 If sent by pre-paid registered post, be deemed to have been received on the fourth business day after posting unless the contrary is proved.
24.4.2 If delivered by hand during hand, shall be deemed to have been received on the day of delivery or on the next business hoursday if the day of delivery is not a business day.
24.4.3 If sent by telefax and/or e-mail, shall be rebuttably presumed deemed to have been received on the date of delivery; any notice delivered after business hours dispatch or on a the next business day which if the time of dispatch is not on a business day will unless the contrary shall otherwise 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 dayproved.
23.3 Any notice in terms of 24.5 Notwithstanding anything to 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 abovecontrary herein contained, any written notice given in writing, and or communication actually received by the Party a party to whom the this Agreement shall be an adequate written notice is addressed, will be deemed or communication to have been properly given and received, it/him notwithstanding that it was not sent to or delivered at the chosen notice address or transmitted to such notice has not been given in accordance with the provisions of this clause 24party’s telefax number and/or e-mail address as stipulated herein.
Appears in 1 contract
Samples: Plot and Plan Agreement of Sale
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 following addresses and telefax numbers stated in for each of them – Kalgold & Block 27 011 692 3879 Harmony Randfontein Office Park Cnr Main Reef Road & Wxxx Avenue Randfontein Marked for the Sale Agreement, attention of The Company Secretary ARM 50 Xxxx Xxxxxx 011 634 0502 Platinum & Johannesburg Avmin 2001 Marked for the attention of The Company Secretary provided that a party Party may change its domicilium to any other physical address or telefax number within the Republic of South Africa by written notice to the other parties Parties to that effect. Such change of address will be effective 5 (fiveFive) 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 . 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 . 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 2.3.3 Any notice in terms of the this Agreement shall only be validly given if in written or printed paper based form. For the avoidance of doubt, where any provision of the this Agreement requires any either 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.
Appears in 1 contract
Samples: Notarial Sale and Subscription Agreement (Harmony Gold Mining Co LTD)
NOTICES AND DOMICILIA. 23.1 25.1 The Parties choose select as their respective domicilia Domicilium citandi et executandi for the purpose of legal proceedings following physical addresses, and for the purposes of giving or sending any notice provided for or necessary in terms of required under this Agreement, the said physical addresses and as well as the following telefax numbers stated numbers: -
25.2 in the Sale Agreementcase of XY Locate to: Postal address: 00 Xxxx Xxxxxx, provided Xxxxx Xxxxxxxxx, XX00 0XX Physical address: 00 Xxxx Xxxxxx, Xxxxx Xxxxxxxxx, XX00 0XX and shall be marked for the attention of the CEO, currently Xxxxx Xxxxxx.
25.3 Provided that a party Party may change its domicilium Domicilium or its address for the purposes of notices to any other physical address or telefax number by written notice to the other parties Party to that effect. Such change of address will be effective 5 (five) five business days after receipt of the notice of the change of domiciliumchange.
23.2 25.4 All notices to be given in terms of this Agreement will be given in writing writing, in English, and will –will:
23.2.1 25.4.1 be sent by pre-paid registered post or delivered by hand;
25.4.2 if delivered by hand during business hours, be rebuttably presumed to have been received on the date of delivery; any . 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 25.4.3 if sent by telefax during business hourspre-paid registered post, 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 fifth business day following business dayposting.
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 25.5 Notwithstanding the above, any notice given in writingwriting in English, 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.
25.6 The Parties record that whilst they may correspond via email during the provisions currency of this clause 24Agreement for operational reasons, no formal notice required in terms of this Agreement, nor any amendment of or variation to this Agreement may be given or concluded via email.
Appears in 1 contract
Samples: End User License Agreement
NOTICES AND DOMICILIA. 23.1 14.1 The Parties choose select as their respective domicilia citandi et executandi for the purpose of legal proceedings following physical addresses, and for the purposes of giving or sending any notice provided for or necessary in terms of required under this Agreement, the said physical addresses and as well as the following telefax numbers stated in - Association 00 Xxxxxxx Xxxxx 011 780 7716 Sandton Sandown 2146 Marked for the Sale Agreement, attention of: The Trustees – SVC Association Manager 00 Xxxxxxx Xxxxx 011 780 7716 Sandton Sandown 2146 Marked for the attention of: The Company Secretary / Xx Xxxxxxx Xxxxxxx provided that a party 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 Party to that effect. Such change of address will be effective 5 (five) business days after receipt of the notice of the change of domiciliumchange.
23.2 14.2 All notices to be given in terms of this Agreement will be given in writing and will –-
23.2.1 14.2.1 be delivered by hand or sent by telefax, and not by way of email;
14.2.2 if delivered by hand during business hours, be rebuttably presumed to have been received on the date of delivery; any . 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 14.2.3 if sent by telefax during business hours, be rebuttably presumed to have been received on the date of successful transmission of the telefax; any . 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 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 the provisions of this clause 2413.
Appears in 1 contract
Samples: Management Agreement
NOTICES AND DOMICILIA. 23.1 The Parties choose as their respective domicilia citandi et executandi Any notice, consent, approval or other communication in connection with this Agreement (Notice) must be in writing and in English.
23.2 A Notice must be sent to a Party at the address nominated by that Party in writing from time to time and failing such nomination, to the last-known registered or head office of that Party for attention of the purpose of legal proceedings person duly nominated by such Party and for the purposes of giving or sending any notice provided for or necessary in terms of this Agreementfailing such nomination, the addresses and telefax numbers stated managing director/chief executive officer of that Party, in the Sale Agreement, provided that a party title.
23.3 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 Parties change of address its chosen address, provided that:
(a) the change will be become effective 5 (five) business days on the 10th Business Day after the receipt of the notice by the addressee; and
(b) the physical address must be an address in the country of the change of domiciliumsuch Party's incorporation.
23.2 All notices to be given in terms of this Agreement will be in writing and will –23.4 Unless the contrary is proved, any Notice will:
23.2.1 (a) if delivered by hand during ordinary business hours, be rebuttably presumed to have been received on the date hours of 09h00-17h00 in local time of place 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 receivedreceived by the addressee on the business day of delivery;
(b) if sent by email, with a copy sent by overnight courier, be deemed to have been received once the email enters during a business day an information system outside the control of the Party sending it (or on the next business day if not so entered.
23.5 Notwithstanding anything to the contrary in this clause, a written notice or communication actually received by a Party will be an adequate written notice or communication to it, notwithstanding that such notice has it was not been given sent to or delivered at its chosen address.
23.6 Each Party chooses its physical address set out in accordance clause 23.2, as changed from time to time, as its domicilium citandi et executandi at which documents in legal proceedings in connection with the provisions of this clause 24Agreement may be delivered.
Appears in 1 contract