Common use of NOTICES AND DOMICILIA Clause in Contracts

NOTICES AND DOMICILIA. 17.1 Each of the parties chooses as its exclusive address/es (“domicilium”) for the purposes of the giving of any notice, the serving of any process and for any other purposes arising from this Agreement at their respective addresses, e-mail addresses or telefax numbers set forth in the Information Schedule. 17.2 Each of the parties shall be entitled from time to time, by written notice to the other to vary its exclusive address/es to any other address within the Republic of South Africa which is not a post office box. 17.3 Any notice given and any payment made by a party to any of the others (“the addressee”) which: 17.3.1 is delivered by hand during the normal business hours of the addressee at the addressee’s exclusive address for the time being shall be presumed, unless the contrary is proved by the addressee, to have been received by the addressee at the time of delivery; 17.3.2 is posted by prepaid registered post from an address within the Republic of South Africa to the addressee at the addressee’s exclusive address for the time being shall be presumed, unless the contrary is proved by the addressee, to have been received by the addressee on the fourth day after the date of posting. 17.4 Where, in terms of this agreement any communication is required to be in writing, the term “writing” shall include communications by e-mail and/or facsimile. Communications by e-mail and/or facsimile shall, unless the contrary is proved by the addressee, be deemed to have been received by the addressee one hour after the time of transmission.

Appears in 4 contracts

Samples: Deed of Sale, Land Sale Agreement, Land Sale Agreement

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NOTICES AND DOMICILIA. 17.1 Each of the parties chooses as its exclusive address/es (“domicilium”) for the purposes of the giving of any notice, the serving of any process and for any other purposes arising from this Agreement agreement at their respective addresses, e-mail addresses addreses or telefax numbers set forth in the Information Schedule. 17.2 Each of the parties shall be entitled from time to time, by written notice to the other to vary its exclusive address/es to any other address within the Republic of South Africa which is not a post office box. 17.3 Any notice given and any payment made by a party to any of the others (“the addressee”) which: 17.3.1 is delivered by hand during the normal business hours of the addressee at the addressee’s exclusive address for the time being shall be presumed, unless the contrary is proved by the addressee, to have been received by the addressee at the time of delivery; 17.3.2 is posted by prepaid registered post from an address within the Republic of South Africa to the addressee at the addressee’s exclusive address for the time being shall be presumed, unless the contrary is proved by the addressee, to have been received by the addressee on the fourth day after the date of posting. 17.4 Where, in terms of this agreement Agreement any communication is required to be in writing, the term “writing” shall include communications by e-mail and/or facsimile. Communications by e-mail and/or facsimile shall, unless the contrary is proved by the addressee, be deemed to have been received by the addressee one 1 (one) hour after the time of transmission.

Appears in 2 contracts

Samples: Deed of Sale, Deed of Sale

NOTICES AND DOMICILIA. 17.1 33.1 Each of the parties chooses as its exclusive address/es (“domicilium”) for the purposes of the giving of any notice, the serving of any process and for any other purposes arising from this Agreement agreement at their respective addresses, e-mail addresses addreses or telefax numbers set forth in the Information Schedule. 17.2 33.2 Each of the parties shall be entitled from time to time, by written notice to the other to vary its exclusive address/es to any other address within the Republic of South Africa which is not a post office box. 17.3 33.3 Any notice given and any payment made by a party to any of the others (“the addressee”) which: 17.3.1 33.3.1 is delivered by hand during the normal business hours of the addressee at the addressee’s exclusive address for the time being shall be presumed, unless the contrary is proved by the addressee, to have been received by the addressee at the time of delivery; 17.3.2 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 exclusive address for the time being shall be presumed, unless the contrary is proved by the addressee, to have been received by the addressee on the fourth day after the date of posting. 17.4 33.4 Where, in terms of this agreement Agreement any communication is required to be in writing, the term “writing” shall include communications by e-mail and/or facsimile. Communications by e-mail and/or facsimile shall, unless the contrary is proved by the addressee, be deemed to have been received by the addressee one 1 (one) hour after the time of transmission.

Appears in 1 contract

Samples: Deed of Sale

NOTICES AND DOMICILIA. 17.1 24.1 Each of the parties chooses as its exclusive address/es 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 agreement at their respective addresses, e-mail addresses or telefax numbers set forth in the Information Schedulecovering schedule. 17.2 24.2 Each of the parties shall be entitled from time to time, by written notice to the other others to vary its exclusive address/es domicilium to any other address within the Republic of South Africa which is not a post office boxbox or poste restante. 17.3 24.3 Any notice given and any payment made by a party to any of the others (“the addressee”) which: 17.3.1 24.3.1 is delivered by hand during the normal business hours of the addressee at the addressee’s exclusive address 's domicilium for the time being shall be presumed, unless until the contrary is proved by the addressee, to have been received by the addressee at the time of delivery; 17.3.2 24.3.2 is posted by prepaid registered post from an address within the Republic of South Africa to the addressee at the addressee’s exclusive address 's domicilium for the time being shall be presumed, unless until the contrary is proved by the addressee, to have been received by the addressee on the fourth day after the date of posting. 17.4 24.4 Where, in terms of this agreement any communication is required to be in writing, the term “writing” shall include communications by e-mail and/or facsimile. Communications by e-mail and/or facsimile shall, unless the contrary is proved by the addressee, be deemed to have been received by the addressee one hour after the time of transmission(fax).

Appears in 1 contract

Samples: Deed of Sale

NOTICES AND DOMICILIA. 17.1 23.1 Each of the parties chooses as its exclusive address/es (“domicilium”) for the purposes of the giving of any notice, the serving of any process and for any other purposes arising from this Agreement agreement at their respective addresses, e-mail addresses addreses or telefax numbers set forth in the Information Scheduleinformation schedule. 17.2 23.2 Each of the parties shall be entitled from time to time, by written notice to the other to vary its exclusive address/es to any other address within the Republic of South Africa which is not a post office box. 17.3 23.3 Any notice given and any payment made by a party to any of the others (“the addressee”) which: 17.3.1 23.3.1 is delivered by hand during the normal business hours of the addressee at the addressee’s exclusive address for the time being shall be presumed, unless the contrary is proved by the addressee, to have been received by the addressee at the time of delivery; 17.3.2 23.3.2 is posted by prepaid registered post from an address within the Republic of South Africa to the addressee at the addressee’s exclusive address for the time being shall be presumed, unless the contrary is proved by the addressee, to have been received by the addressee on the fourth day after the date of posting. 17.4 23.4 Where, in terms of this agreement any communication is required to be in writing, the term “writing” shall include communications by e-mail and/or facsimile. Communications by e-e- mail and/or facsimile shall, unless the contrary is proved by the addressee, be deemed to have been received by the addressee one hour after the time of transmission.

Appears in 1 contract

Samples: Deed of Sale

NOTICES AND DOMICILIA. 17.1 21.1 Each of the parties chooses as its exclusive address/es 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 agreement at their respective addresses, e-mail addresses or telefax numbers set forth in paragraph 1 of the Information Schedulecovering schedule. 17.2 21.2 Each of the parties shall be entitled from time to time, by written notice to the other to vary its exclusive address/es domicilium to any other address within the Republic of South Africa which is not a post office boxbox or poste restante. 17.3 21.3 Any notice given and any payment made by a party to any of the others (“the addressee”) which: 17.3.1 21.3.1 is delivered by hand during the normal business hours of the addressee at the addressee’s exclusive address 's domicilium for the time being being, shall be presumed, unless until the contrary is proved by the addressee, to have been received by the addressee at the time of delivery; 17.3.2 21.3.2 is posted by prepaid registered post from an address within the Republic of South Africa to the addressee at the addressee’s exclusive address 's domicilium for the time being being, shall be presumed, unless until the contrary is proved by the addressee, to have been received by the addressee on the fourth day after the date of posting. 17.4 21.4 Where, in terms of this agreement any communication is required to be in writing, the term “writing” shall include communications by e-mail and/or email or facsimile. Communications by e-mail and/or facsimile shallemail or facsimile, unless the contrary is proved by the addressee, shall be deemed to have been received by the addressee one 1 hour after the time of transmission.

Appears in 1 contract

Samples: Sale Agreement

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NOTICES AND DOMICILIA. 17.1 19.1 Each of the parties chooses as its exclusive address/es domicilium citandi et executandi ("domicilium") for the purposes of the giving of any notice, the serving of any process and for any other purposes arising from this Agreement at their respective addresses, e-mail addresses or telefax numbers set forth in the Information Schedule.Schedule.‌ 17.2 19.2 Each of the parties shall be entitled from time to time, by written notice to the other party to vary its exclusive address/es domicilium to any other address within the Republic of South Africa which is not a post office boxbox or poste restante. 17.3 19.3 Any notice given and any payment made by a party to any of the others other parties ("the addressee") which:which – 17.3.1 19.3.1 is delivered by hand during the normal business hours of the addressee at the addressee’s exclusive address 's domicilium for the time being shall be presumed, unless until the contrary is proved by the addressee, to have been received by the addressee at the time of delivery; 17.3.2 is 19.3.2 posted by prepaid registered post from an address within the Republic of South Africa to the addressee at the addressee’s exclusive address 's domicilium for the time being shall be presumed, unless until the contrary is proved by the addressee, to have been received by the addressee on the fourth day after the date of posting. 17.4 19.4 Where, in terms of this agreement Agreement any communication is required to be in writing, the term “terms of "writing" shall include communications by e-mail and/or facsimile. Communications by e-mail and/or facsimile shall, unless the contrary is proved by the addressee, be deemed to have been received by the addressee one 1 (one) hour after the time of transmission.

Appears in 1 contract

Samples: Agreement of Sale

NOTICES AND DOMICILIA. 17.1 20.1. Each of the parties Parties chooses as its exclusive address/es 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, e-mail addresses or telefax numbers set forth in the Information ScheduleAgreement. 17.2 20.2. Each of the parties Parties shall be entitled from time to time, by written notice to the other others to vary its exclusive address/es domicilium to any other address within the Republic of South Africa which is not a post office boxbox or poste restante. 17.3 20.3. Any notice given and any payment made by a party Party to any of the others other ("the addressee") which: 17.3.1 is 00.0.0. Xx delivered by hand during the normal business hours of the addressee at the addressee’s exclusive address 's domicilium for the time being shall be presumed, unless until the contrary is proved by the addressee, to have been received by the addressee at the time of delivery; 17.3.2 is 20.3.2. Is posted by prepaid registered post from an address within the Republic of South Africa to the addressee at the addressee’s exclusive address 's domicilium for the time being shall be presumed, unless until the contrary is proved by the addressee, to have been received by the addressee on the fourth day after the date of posting. 17.4 20.4. Where, in terms of this agreement Agreement any communication is required to be in writing, the term "writing" shall include communications by e-mail and/or facsimiletelex or facsimile or any other digital or electronic format. Communications by e-mail and/or telex or facsimile shall, unless the contrary is proved by the addressee, be deemed to have been received by the addressee one hour after the time of transmission.

Appears in 1 contract

Samples: Standard Terms and Conditions

NOTICES AND DOMICILIA. 17.1 22.1 Each of the parties chooses as its exclusive address/es 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, e-mail addresses or telefax numbers set forth in the Information Schedule. 17.2 22.2 Each of the parties shall be entitled from time to time, by written notice to the other others to vary its exclusive address/es domicilium to any other address within the Republic of South Africa which is not a post office boxbox or poste restante. 17.3 22.3 Any notice given and any payment made by a party to any of the others other ("the addressee") which:which – 17.3.1 22.3.1 is delivered by hand during the normal business hours of the addressee at the addressee’s exclusive address 's domicilium for the time being shall be presumed, unless until the contrary is proved by the addressee, to have been received by the addressee at the time of delivery; 17.3.2 is 22.3.2 posted by prepaid registered post from an address within the Republic of South Africa to the addressee at the addressee’s exclusive address 's domicilium for the time being shall be presumed, unless until the contrary is proved by the addressee, to have been received by the addressee on the fourth day after the date of posting. 17.4 22.4 Where, in terms of this agreement Agreement any communication is required to be in writing, the term “terms of "writing" shall include communications by e-mail and/or facsimiletelex, facsimile or email. Communications by e-mail and/or telex, facsimile or email shall, unless the contrary is proved by the addressee, be deemed to have been received by the addressee one 1 (one) hour after the time of transmission/sending. 22.5 Notwithstanding the provisions of clauses 22.2 to 22.4 above, actual receipt of a notice shall be deemed sufficient delivery, notwithstanding that same was not delivered/transmitted and/or sent to the domicilium address/facsimile and/or email.

Appears in 1 contract

Samples: Agreement of Sale

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