NOTICES AND DOMICILIA. 33.1 Each of the Parties chooses domicilium citandi et executandi ("domicilium ") for the purposes of the giving of any notice, the payment of any sum, the serving of any process and for any other purposes arising from this Agreement at their respective addresses set forth in clause 1. 33.2 Each of the Parties shall be entitled to change its domicilum in writing to any other address within the Republic of South Africa and provided that it consists of or includes a physical address at which process can be served or any notice given. 33.3 Any notice given and any payment made by a Party to any of the others ("the addressee") which is delivered by hand during the normal business hours of the addressee at the addressee's domicilium for the time being shall be presumed, until the contrary is proved by the addressee, to have been received by the addressee at the time of delivery. 33.4 Where, in terms of this Agreement communication of any nature is required the term "notice" and/or the term "writing" shall include communications by e-mail and shall be deemed to have been received by the addressee 1 ( one) hour after the time of transmission of such communication. 33.5 Notwithstanding anything to the contrary herein contained a written notice or communication actually received by a party shall be an adequate written notice or communication to it notwithstanding that it was not sent to or delivered at its chosen domicilium.
Appears in 7 contracts
Samples: Agreement of Sale, Agreement of Sale, Agreement of Sale
NOTICES AND DOMICILIA. 33.1 Each of the Parties chooses domicilium citandi et executandi ("domicilium ") for the purposes of the giving of any notice, the payment of any sum, the serving of any process and for any other purposes arising from this Agreement at their respective addresses set forth in clause 1.
33.2 Each of the Parties shall be entitled to change its domicilum in writing to any other address within the Republic of South Africa and provided that it consists of or includes a physical address at which process can be served or any notice given.
33.3 Any notice given and any payment made by a Party to any of the others ("the addressee") which is delivered by hand during the normal business hours of the addressee at the addressee's domicilium for the time being shall be presumed, until the contrary is proved by the addressee, to have been received by the addressee at the time of delivery.
33.4 Where, in terms of this Agreement communication of any nature is required the term "notice" and/or the term "writing" shall include communications by e-telex, facsimile or e- mail and shall be deemed to have been received by the addressee 1 ( one) hour after the time of transmission of such communication.
33.5 Notwithstanding anything to the contrary herein contained a written notice or communication actually received by a party shall be an adequate written notice or communication to it notwithstanding that it was not sent to or delivered at its chosen domicilium.
Appears in 5 contracts
Samples: Agreement of Sale, Agreement of Sale, Agreement of Sale
NOTICES AND DOMICILIA. 33.1 19.1 Each of the Parties chooses domicilium citandi et executandi ("domicilium ") for the purposes of the giving of any notice, the payment of any sum, the serving of any process and for any other purposes arising from this Agreement at their respective addresses set forth in clause 11 of the IS.
33.2 19.2 Each of the Parties shall be entitled to change its domicilum in writing to any other address within the Republic of South Africa and provided that it consists of or includes a physical address at which process can be served or any notice given.
33.3 19.3 Any notice given and any payment made by a Party to any of the others ("the addressee") which which:
19.3.1 is delivered by hand during the normal business hours of the addressee at the addressee's domicilium for the time being shall be presumed, until the contrary is proved by the addressee, to have been received by the addressee at the time of delivery;
19.3.2 is posted by prepaid registered post from an address within the Republic of South Africa to the addressee at the addressee’s domicilium for the time being shall be deemed to have been received by the addressee on the fourth day after the date of posting.
33.4 19.4 Where, in terms of this Agreement communication of any nature is required the term "notice" and/or the term "writing" shall include communications by telex, facsimile or e-mail and shall be deemed to have been received by the addressee 1 ( one) hour after the time of transmission of such communication.
33.5 19.5 Notwithstanding anything to the contrary herein contained a written notice or communication actually received by a party shall be an adequate written notice or communication to it notwithstanding that it was not sent to or delivered at its chosen domicilium.
Appears in 4 contracts
Samples: Agreement of Sale, Agreement of Sale, Agreement of Sale
NOTICES AND DOMICILIA. 33.1 Each of the Parties chooses domicilium citandi et executandi ("domicilium ") for the purposes of the giving of any notice, the payment of any sum, the serving of any process and for any other purposes arising from this Agreement at their respective addresses set forth in clause 1.
33.2 Each of the Parties shall be entitled to change its domicilum in writing to any other address within the Republic of South Africa and provided that it consists of or includes a physical address at which process can be served or any notice given.
33.3 Any notice given and any payment made by a Party to any of the others ("the addressee") which which:
33.3.1 is delivered by hand during the normal business hours of the addressee at the addressee's domicilium for the time being shall be presumed, until the contrary is proved by the addressee, to have been received by the addressee at the time of delivery;
33.3.2 is posted by prepaid registered post from an address within the Republic of South Africa to the addressee at the addressee’s domicilium for the time being shall be deemed to have been received by the addressee on the fourth day after the date of posting.
33.4 Where, in terms of this Agreement communication of any nature is required the term "notice" and/or the term "writing" shall include communications by telex, facsimile or e-mail and shall be deemed to have been received by the addressee 1 ( one) hour after the time of transmission of such communication.
33.5 Notwithstanding anything to the contrary herein contained a written notice or communication actually received by a party shall be an adequate written notice or communication to it notwithstanding that it was not sent to or delivered at its chosen domicilium.
Appears in 3 contracts
Samples: Agreement of Sale, Agreement of Sale, Agreement of Sale
NOTICES AND DOMICILIA. 33.1 Each of the Parties chooses domicilium citandi et executandi ("domicilium ") for the purposes of the giving of any notice, the payment of any sum, the serving of any process and for any other purposes arising from this Agreement at their respective addresses set forth in clause 1.
33.2 Each of the Parties shall be entitled to change its domicilum in writing to any other address within the Republic of South Africa and provided that it consists of or includes a physical address at which process can be served or any notice given.
33.3 Any notice given and any payment made by a Party to any of the others ("the addressee") which which:
33.3.1 is delivered by hand during the normal business hours of the addressee at the addressee's domicilium for the time being shall be presumed, until the contrary is proved by the addressee, to have been received by the addressee at the time of delivery;
33.3.2 is posted by prepaid registered post from an address within the Republic of South Africa to the addressee at the addressee’s domicilium for the time being shall be deemed to have been received by the addressee on the fourth day after the date of posting.
33.4 Where, in terms of this Agreement communication of any nature is required the term "notice" and/or the term "writing" shall include communications by e-telex, facsimile or e- mail and shall be deemed to have been received by the addressee 1 ( one) hour after the time of transmission of such communication.
33.5 Notwithstanding anything to the contrary herein contained a written notice or communication actually received by a party shall be an adequate written notice or communication to it notwithstanding that it was not sent to or delivered at its chosen domicilium.
Appears in 1 contract
Samples: Agreement of Sale
NOTICES AND DOMICILIA. 33.1 16.1 Each of the Parties chooses domicilium citandi et executandi ("domicilium "“domicilium”) for the purposes of the giving of any notice, the payment of any sum, the serving of any process and for any other purposes arising from this Agreement at their respective addresses set forth in clause 11of the Schedule of Particulars.
33.2 16.2 Each of the Parties shall be entitled to change its domicilum in writing to any other address within the Republic of South Africa and provided that it consists of or includes a physical address at which process can be served or any notice given.
33.3 16.3 Any notice given and any payment made by a Party to any of the others ("“the addressee"”) which which:
(1) is delivered by hand during the normal business hours of the addressee at the addressee's domicilium for the time being shall be presumed, until the contrary is proved by the addressee, to have been received by the addressee at the time of delivery;
(2) is posted by prepaid registered post from an address within the Republic of South Africa to the addressee at the addressee's domicilium for the time being shall be deemed to have been received by the addressee on the fourth day after the date of posting.
33.4 16.4 Where, in terms of this Agreement communication of any nature is required the term "notice" and/or the term "writing" shall include communications by efax ore-mail and shall be deemed to have been received by the addressee 1 ( (one) hour after the time of transmission of such communication.
33.5 16.5 Notwithstanding anything to the contrary herein contained a written notice or communication actually received by a party shall be an adequate written notice or communication to it notwithstanding that it was not sent to or delivered at its chosen domicilium.
Appears in 1 contract
Samples: Off Plan Agreement of Sale
NOTICES AND DOMICILIA. 33.1 31.1 Each of the Parties chooses domicilium citandi et executandi ("domicilium domicilium") for the purposes of the giving of any notice, the payment of any sum, the serving of any process and for any other purposes arising from this Agreement at their respective addresses set forth in clause 1.
33.2 31.2 Each of the Parties shall be entitled to change its domicilum in writing to any other address within the Republic of South Africa and provided that it consists of or includes a physical address at which process can be served or any notice given.
33.3 31.3 Any notice given and any payment made by a Party to any of the others ("the addressee") which is delivered by hand during the normal business hours of the addressee at the addressee's domicilium for the time being shall be presumed, until the contrary is proved by the addressee, to have been received by the addressee at the time of delivery.
33.4 31.4 Where, in terms of this Agreement communication of any nature is required the term "notice" and/or the term "writing" shall include communications by e-mail and shall be deemed to have been received by the addressee 1 ( (one) hour after the time of transmission of such communication.
33.5 31.5 Notwithstanding anything to the contrary herein contained a written notice or communication actually received by a party shall be an adequate written notice or communication to it notwithstanding that it was not sent to or delivered at its chosen domicilium.
Appears in 1 contract
Samples: Sale Agreement
NOTICES AND DOMICILIA. 33.1 28.1 Each of the Parties parties chooses domicilium citandi et executandi ("domicilium "“domicilium”) for the purposes of the giving of any notice, the payment of any sum, the serving of any process and for any other purposes arising from this Agreement agreement at their respective addresses or email addresses or telefax numbers set forth in clause 1the covering schedule.
33.2 28.2 Each of the Parties parties shall be entitled from time to change time, by xx xxxxx notice to the other to vary its domicilum in writing domicilium to any other address within the Republic of South Africa and provided that it consists of which is not a post office box or includes a physical address at which process can be served or any notice givenposte restante.
33.3 28.3 Any notice given and any payment made by a Party party to any of the others ("“the addressee"”) which which:
28.3.1 is delivered by hand during the normal business hours of the addressee at the addressee's ’s domicilium for the time being shall be presumed, until unless the contrary is proved by the addressee, to have been received by the addressee at the time of delivery;
28.3.2 is posted by prepaid registered post from an address within the Republic of South Africa to the addressee at the addressee’s domicilium for the time being shall be presumed, unless the contrary is proved by the addressee, to have been received by the addressee on the fourth day after the date of posting.
33.4 28.4 Where, in terms of this Agreement agreement any communication of any nature is required to be in writing, the term "notice" and/or the term "“writing" ” shall include communications by e-mail and shall email and/or facsimile. Communications by email and/or facsimile shall, unles s the contrary is proved by the addressee, be deemed to have been received by the addressee 1 ( one) one hour after the time of transmission of such communicationtransmission.
33.5 Notwithstanding anything to the contrary herein contained a written notice or communication actually received by a party shall be an adequate written notice or communication to it notwithstanding that it was not sent to or delivered at its chosen domicilium.
Appears in 1 contract
Samples: Agreement of Sale