Common use of Notices, Demands and Other Instruments Clause in Contracts

Notices, Demands and Other Instruments. Any notice, demand, request, consent, approval, or other instrument ("NOTICE") which may be permitted, required or desired to be given in connection herewith shall be given in writing and directed to Tenant or Landlord (as applicable) as follows: If to Tenant: RadioShack Corporation 000 XxxxxXxxxx Xxxxxx, XX XX0-000 Xxxx Xxxxx, Xxxxx 00000 Attn.: Vice President - Corporate Real Estate Facsimile: (000) 000-0000 With a copy to: RadioShack Corporation 000 XxxxxXxxxx Xxxxxx, XX CF4-101 Xxxx Xxxxx, Xxxxx 00000 Attn.: Vice President and General Counsel Facsimile: (000) 000-0000 If to Landlord: Kan Am Xxxxx Kapitalanlagegesellschaft mbH c/o WestWind Capital Partners, LP 0000 Xxxxxxxxx Xxxxxxx, Xxxxx 000 Xxxxxxx, Xxxxxxx 00000 Attn: Xxxxxxx X. XxXxxxxx L. Xxxx Xxxxx Xxxxxxxx X. Xxxx Facsimile: (000) 000-0000 With a copy to: KanAm Xxxxx Kapitalanlagegesellschaft mbH XxxxxXxxx 00000 Xxxxxxxxx Xx Xxxx Attn: Olivier Catusse, Director Facsimile: 011 49 69 7104 11 600 And with a copy to: King & Spalding, LLP 000 Xxxxxxxxx Xxxxxx, XX Xxxxxxx, Xxxxxxx 00000 Attn: W. Xxxx Xxxxxx, Esq. Facsimile: (000) 000-0000 Notices shall be sent by (i) U. S. registered or certified mail, postage prepaid, return receipt requested, (ii) reputable overnight delivery service providing proof of receipt, or (iii) hand delivery, to the offices set forth above, in which case they shall be deemed delivered on the date of delivery to said offices or refusal to accept delivery, or (iv) by facsimile transmission during normal business hours followed by a confirmatory letter sent in another manner permitted hereunder. Any notice actually received or deemed received pursuant to the foregoing provisions on a non-Business Day or after 5:00 p.m. (in the recipient's time zone) on a Business Day shall be deemed received on the next Business Day. Either party may by written notice to the other party given as provided hereunder change its address for service of Notice to any other recognized business address in the continental United States. Any address so designated shall include a street address for courier delivery.

Appears in 1 contract

Samples: Lease Agreement (Radioshack Corp)

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Notices, Demands and Other Instruments. Any noticeAll notices, demanddemands, requestrequests, consentconsents, approvalapprovals and other instruments (each a ‘Notice’ and, or other instrument ("NOTICE"collectively, “Notices”) which may be permitted, required or desired permitted to be given in connection herewith pursuant to the terms of this Lease shall be given in writing and directed shall be deemed to Tenant or Landlord have been properly given if (as applicablea) as follows: If with respect to Tenant: RadioShack Corporation 000 XxxxxXxxxx Lessee, addressed to The Lincoln National Life Insurance Company, 1000 Xxxxx Xxxxxxx Xxxxxx, XX XX0-000 Xxxx Xxxxx, Xxxxx 00000 Xxxxxxx 46802, Attn.: Vice President - Corporate Real Estate FacsimileDirector of Facilities, and delivered by any of the following methods: (000) 000-0000 With a copy to: RadioShack Corporation 000 XxxxxXxxxx Xxxxxx, XX CF4-101 Xxxx Xxxxx, Xxxxx 00000 Attn.: Vice President and General Counsel Facsimile: (000) 000-0000 If to Landlord: Kan Am Xxxxx Kapitalanlagegesellschaft mbH c/o WestWind Capital Partners, LP 0000 Xxxxxxxxx Xxxxxxx, Xxxxx 000 Xxxxxxx, Xxxxxxx 00000 Attn: Xxxxxxx X. XxXxxxxx L. Xxxx Xxxxx Xxxxxxxx X. Xxxx Facsimile: (000) 000-0000 With a copy to: KanAm Xxxxx Kapitalanlagegesellschaft mbH XxxxxXxxx 00000 Xxxxxxxxx Xx Xxxx Attn: Olivier Catusse, Director Facsimile: 011 49 69 7104 11 600 And with a copy to: King & Spalding, LLP 000 Xxxxxxxxx Xxxxxx, XX Xxxxxxx, Xxxxxxx 00000 Attn: W. Xxxx Xxxxxx, Esq. Facsimile: (000) 000-0000 Notices shall be sent by (i) U. S. registered or certified mail, return receipt requested, postage prepaid, (ii) hand delivery, or (iii) nationally recognized overnight delivery service, and (b) with respect to Lessor, addressed to Trona Cogeneration Corporation, c/x XxxxxxxXxxxxxxx Xxxxxxxx Xxxxx Xxxxxxx LLC, CIMS 405-23-05, 20000 Xxxxxxx Xxxx, Xxxxxxxxxx Xxxxx, Xxxxxxxx 00000-0000, Attention: Rxxxxxx X. XxXxxxx, with a copy to Trona Cogeneration Corporation, c/x XxxxxxxXxxxxxxx Xxxxxxxx Xxxxx Xxxxxxx LLC, CIMS 405-27-10, 20000 Xxxxxxx Xxxx, Xxxxxxxxxx Xxxxx, Xxxxxxxx 00000-0000, Attention: Office of the General Counsel, and delivered by any of the following methods: (i) registered or certified mail, return receipt requested, postage prepaid, (ii) reputable overnight delivery service providing proof of receipthand delivery, or (iii) hand deliverynationally recognized overnight delivery service. Lessor and Lessee shall each have the right from time to time to specify as its address for purposes of this Lease any other address or addresses in the United States of America upon giving of 15 days’ prior Notice thereof, similarly given to the offices set forth above, in which case they other party. Notices sent hereunder shall be deemed delivered on the date of delivery to said offices or refusal to accept deliverywhen received, or (ivwhen receipt is refused.” 20. Section 22(a) by facsimile transmission during normal business hours followed by a confirmatory letter sent of the Lease is hereby deleted in another manner permitted hereunder. Any notice actually received or deemed received pursuant to its entirety and replaced with the foregoing provisions on a non-Business Day or after 5:00 p.m. (in the recipient's time zone) on a Business Day shall be deemed received on the next Business Day. Either party may by written notice to the other party given as provided hereunder change its address for service of Notice to any other recognized business address in the continental United States. Any address so designated shall include a street address for courier delivery.following:

Appears in 1 contract

Samples: Lease Agreement (Lincoln National Corp)

Notices, Demands and Other Instruments. Any noticeAll notices, demanddemands, requestrequests, consentconsents, approval, or approvals and other instrument ("NOTICE") which may be permitted, instruments required or desired permitted to be given in connection herewith pursuant to the terms of this Lease shall be given in writing and directed shall be deemed to Tenant or Landlord have been properly given if (as applicablea) as follows: If with respect to Tenant: RadioShack Corporation 000 XxxxxXxxxx Xxxxxx, XX XX0-000 Xxxx Xxxxx, Xxxxx 00000 Attn.: Vice President - Corporate Real Estate Facsimile: (000) 000-0000 With a copy to: RadioShack Corporation 000 XxxxxXxxxx Xxxxxx, XX CF4-101 Xxxx Xxxxx, Xxxxx 00000 Attn.: Vice President and General Counsel Facsimile: (000) 000-0000 If to Landlord: Kan Am Xxxxx Kapitalanlagegesellschaft mbH c/o WestWind Capital Partners, LP 0000 Xxxxxxxxx Xxxxxxx, Xxxxx 000 Xxxxxxx, Xxxxxxx 00000 Attn: Xxxxxxx X. XxXxxxxx L. Xxxx Xxxxx Xxxxxxxx X. Xxxx Facsimile: (000) 000-0000 With a copy to: KanAm Xxxxx Kapitalanlagegesellschaft mbH XxxxxXxxx 00000 Xxxxxxxxx Xx Xxxx Attn: Olivier Catusse, Director Facsimile: 011 49 69 7104 11 600 And with a copy to: King & Spalding, LLP 000 Xxxxxxxxx Xxxxxx, XX Xxxxxxx, Xxxxxxx 00000 Attn: W. Xxxx Xxxxxx, Esq. Facsimile: (000) 000-0000 Notices shall be sent by (i) U. S. registered or certified mailmail with a return receipt requested, postage prepaid, or sent by facsimile, nationally recognized overnight express carrier or delivered by hand, in each case addressed to Tenant at its notice address first above set forth, and (b) with respect to Landlord, sent by registered or certified mail with a return receipt requestedrequest, postage prepaid, or sent by facsimile, nationally recognized overnight express courier or delivered by hand in each case, addressed to the Landlord at its address first above set forth along with a copy to Lender: Finova Capital Realty, Inc., a Delaware corporation,19900 XxxXxxxxx Xxxxxxxxx, Xxxxx 0000, Xxxxxx, Xxxxxxxxxx 00000, and Lender's Legal Counsel: Xxxx Xxxxxxxx Xxxxxxxx & Xxxxxx, LLP, 000 Xxxx Xxxxxx Xxxxx, 00xx Xxxxx, Xxxxx Xxxx, Xxxxxxxxxx 00000-0000 Landlord and Tenant shall each have the right from time to time to specify as its address for purposes of this Lease any other address in the United States of America upon giving fifteen (ii15) reputable overnight delivery service providing proof days written notice thereof, similarly given, to the other party. Notices shall be deemed communicated upon the earlier of receipt, or seventy-two (iii72) hand delivery, to hours from the offices set forth above, time of mailing if mailed as provided in which case they shall be deemed delivered this Section 11.1 and on the date of delivery to said offices or refusal to accept delivery, or (iv) by facsimile transmission during normal business hours followed by a confirmatory letter sent in another manner permitted hereunder. Any notice actually received or deemed received pursuant to the foregoing provisions on a non-Business Day or after 5:00 p.m. (in the recipient's time zone) on a first Business Day shall be deemed received on the next Business Day. Either party may following transmission if given by written notice to the other party given as provided hereunder change its address for service of Notice to any other recognized business address in the continental United States. Any address so designated shall include a street address for courier deliveryfacsimile.

Appears in 1 contract

Samples: Lease Agreement (Techniclone Corp/De/)

Notices, Demands and Other Instruments. Any notice, demand, request, consent, approval, or other instrument ("NOTICENotice") which may be permitted, required or desired to be given in connection herewith shall be given in writing and directed to Tenant or Landlord (as applicable) as follows: If to Tenant: RadioShack Corporation School Specialty Inc. 3395 West College Avenue Xxxxxxxx, Xxxxxxxxx 00000 Xxx: (000) 002-5863 Xxxx: Xxxxxx J. Noskowiek With a copy to: Xxxnzoi & Franzoi, S.C. 500 Xxxxne Street Xxxxxxx, Xxxxxxxxx 00000 Xxx: (000) 005-0998 Xxxx: Xxxxxx F. Franzoi IV If to Landlorx: XXXXXX XXX, X.L.C. c/o Mesirow Realty Sale-Leaseback, Inc. 350 North Clark Street Xxxxx 000 XxxxxXxxxx XxxxxxChicago, XX XX0Illinois 60610 Fax: (312) 595-6141 Xxxx: Xxxxx X. Cohen With a copy to: Xxxxxxx Xxxxxy Sale-Leaseback, Inc. 8211 West Broward Boulevard Xxxxx 000 Xxxx XxxxxXxxxxxxxxx, Xxxxx Xxxxxxx 00000 Attn.: Vice President - Corporate Real Estate FacsimileXxx: (000) 000-0000 8221 Xxxx: Xxxxx X. Piasecki With a copy to: RadioShack Corporation 000 XxxxxXxxxx XxxxxxXxxxxxxx, XX CF4-101 Xxxx XxxxxXxhn, Bell, Black, Rosenbloom & Moritz, Ltd. 55 East Monroe Street Xxxxx 0000 Xxxxxxx, Xxxxxxxx 00000 Attn.: Vice President and General Counsel FacsimileXxx: (000) 000002-0000 If to Landlord: Kan Am Xxxxx Kapitalanlagegesellschaft mbH c/o WestWind Capital Partners, LP 0000 Xxxxxxxxx Xxxxxxx, Xxxxx 000 Xxxxxxx, Xxxxxxx 00000 Attn2196 Xxxx: Xxxxxxx X. XxXxxxxx L. Xxxx Xxxxx Xxxxxxxx X. Xxxx Facsimile: (000) 000-0000 With a copy to: KanAm Xxxxx Kapitalanlagegesellschaft mbH XxxxxXxxx 00000 Xxxxxxxxx Xx Xxxx Attn: Olivier Catusse, Director Facsimile: 011 49 69 7104 11 600 And with a copy to: King & Spalding, LLP 000 Xxxxxxxxx Xxxxxx, XX Xxxxxxx, Xxxxxxx 00000 Attn: W. Xxxx Xxxxxx, Esq. Facsimile: (000) 000-0000 B. Bell Notices shall be sent by either (i) U. S. registered or certified mail, postage prepaid, return receipt requested, xxxxxxxxxx xxxxvered (ii) including delivery by reputable overnight delivery service providing proof of receipt, or (iiisimilar courier service) hand delivery, to the offices set forth above, in which case they shall be deemed delivered on the date of delivery to said offices or refusal to accept deliveryoffices, or (ivii) sent by facsimile transmission during normal business hours followed by a confirmatory letter sent certified United States mail, return receipt requested, in another manner permitted hereunder. Any notice actually received or deemed received pursuant to the foregoing provisions on a non-Business Day or after 5:00 p.m. (in the recipient's time zone) on a Business Day which case they shall be deemed received delivered on the next Business Daydate shown on the receipt unless delivery is refused or delayed by the addressee in which event they shall be deemed delivered on the date of deposit in the United States mail or (iii) sent by facsimile, provided the sender of such facsimile has evidence that the facsimile was received by the addressee's machine, in which case they shall be deemed delivered on the date of receipt by the addressee's machine. To be effective, copies of all notices to Landlord must be given to any first Mortgagee of which Tenant has received notice pursuant to Paragraph 25 hereof at the address and/or facsimile number specified by such first Mortgagee. Either party may by written notice to the other party given as provided hereunder change its address for service of Notice to any other recognized business address in the continental United States. Any address so designated shall include a street address for courier delivery.

Appears in 1 contract

Samples: Lease (School Specialty Inc)

Notices, Demands and Other Instruments. Any noticeAll notices, demanddemands, requestrequests, consentconsents, approvaland approvals desired, or other instrument ("NOTICE") which may be permittednecessary, required or desired permitted to be given in connection herewith pursuant to the terms of this Lease shall be given in writing and directed shall be deemed to Tenant have been properly given when personally delivered (which shall include delivery by a nationally recognized overnight delivery service, such as Federal Express, UPS, or Landlord Airborne), or when sent by facsimile (with a copy forwarded by personal delivery or registered or certified mail as applicable) as follows: provided herein), or after being mailed by prepaid registered or certified mail, return receipt requested, to the address for each party set forth below. If to TenantLandlord: RadioShack Corporation 000 XxxxxXxxxx Xxxxxx, XX XX0-000 Xxxx The Prudential Insurance Company of America Xxx Xxxxxxx Xxxxx, Xxxxx 0000 Xxxxxxx, Xxxxxxx 00000 Attn.: Vice President - Corporate President, Asset Management; Prudential Real Estate FacsimileInvestors; Xxxxxx Plaza Building Lease Notices Fax Number: (000) 000-0000 With a copy to: RadioShack Corporation 000 XxxxxXxxxx Xxxxxx, XX CF4-101 Xxxx The Prudential Insurance Company of America Xxx Xxxxxxx Xxxxx, Xxxxx 0000 Xxxxxxx, Xxxxxxx 00000 Attn.: Vice President and General Counsel FacsimileLaw Department; Xxxxxx Plaza Building Lease Notices Fax Number: (000) 000-0000 If to LandlordTenant: Kan Am Xxxxx Kapitalanlagegesellschaft mbH c/o WestWind Capital PartnersXxxxxx Corporation 0000 Xxx Xxxx Richmond, LP 0000 Xxxxxxxxx Xxxxxxx, Xxxxx 000 Xxxxxxx, Xxxxxxx 00000 Virginia 23060 Attn: Xxxxxxx X. XxXxxxxx L. Xxxx Xxxxx Xxxxxxxx X. Xxxx FacsimileXxx Fax Number: (000) 000-0000 With a copy to: KanAm Xxxxx Kapitalanlagegesellschaft mbH XxxxxXxxx 00000 Xxxxxxxxx Xx Xxxxxx Corporation 0000 Xxx Xxxx Richmond, Virginia 23060 Attn: Olivier Catusse, Director Facsimile: 011 49 69 7104 11 600 And with a copy to: King & Spalding, LLP 000 Xxxxxxxxx Xxxxxx, XX Xxxxxxx, Xxxxxxx 00000 Attn: W. Xxxx Xxxxxx, Esq. FacsimileX. Xxxxxx Fax Number: (000) 000-0000 Notices or at such other address in the United States as Landlord or Tenant may from time to time designate by like notice. Rejection or other refusal to accept or inability to deliver because of changed address of which no notice was given shall be sent by deemed to be receipt of the notice, demand, request or other communication. Such notices or other communication shall be effective and deemed "received" for all purposes hereunder (i) U. S. registered in the case of personal delivery or certified mail, postage prepaid, return receipt requested, (ii) reputable overnight delivery service providing proof of receipt, or (iii) hand courier delivery, to the offices set forth above, in which case they shall be deemed delivered on the date of delivery to said offices or refusal the party to accept deliverywhom such notice is addressed as evidenced by the written receipt signed on behalf of such party, or (ivii) if by facsimile transmission during normal business hours followed by a confirmatory letter sent in another manner permitted hereunder. Any notice actually received or deemed received pursuant to the foregoing provisions on a non-Business Day or after 5:00 p.m. (in the recipient's time zone) on a Business Day shall be deemed received overnight courier, on the next Business Day. Either party may by written notice to succeeding business day after the other party given as provided hereunder change its address for service of Notice to any other recognized business address deposit thereof with all delivery charges prepaid, and (iii) in the continental case of registered or certified mail, the earlier of the date receipt is acknowledged on the return receipt for such notice or five (5) business days after the date of posting by the United States. Any address so designated shall include a street address for courier deliveryStates Post Office.

Appears in 1 contract

Samples: Lease Agreement (Markel Corp)

Notices, Demands and Other Instruments. Any noticeAll notices, demanddemands, requestrequests, consentconsents, approval, or approvals and other instrument ("NOTICE") which may be permitted, instruments required or desired permitted to be given in connection herewith pursuant to the terms of this Lease shall be given in writing and directed shall be deemed to Tenant have been properly given if sent by overnight express courier (in which event they shall be deemed delivered on the next business day), or Landlord delivered by hand (as applicable) in which event they shall be deemed delivered on the date of actual delivery or refusal to accept delivery), addressed as follows: If to Tenant: RadioShack Corporation 000 XxxxxXxxxx XxxxxxXxxxx Xxxx'x Holdings, XX XX0-Inc. 000 Xxxx XxxxxXxxxxxx Xxxxxx Xxxxxxxx, Xxxxxxxxx 00000 Attention: Xxxxx 00000 Attn.: Vice President - Corporate Real Estate Xxxxxxxxxx Facsimile: (000) 000-0000 With a copy to: RadioShack Corporation 000 XxxxxXxxxx Liner, Yankelevitz, Sunshine, Xxxxxxxx & Regenstreif 0000 Xxxxxxxx Xxxxxxxxx 0xx Xxxxx Xxxxx Xxxxxx, XX CF4Xxxxxxxxxx 00000 Attention: Xxxxxxxx Xxxxxxxxxxx, Esq. Facsimile: (000) 000-101 Xxxx Xxxxx0000 And with a copy to: The Xxxxxxx Group 0000 Xxxxxx Xxxxx Glendora, Xxxxx 00000 Attn.California 91740 Attention: Vice President and General Counsel Xxx Xxxxxxx Facsimile: (000) 000-0000 If to Landlord: Kan Am Xxxxx Kapitalanlagegesellschaft mbH 1323 Greenwood, L.L.C. c/o WestWind Capital PartnersMesirow Realty Sale-Leaseback, LP 0000 Xxxxxxxxx XxxxxxxInc. 000 Xxxxx Xxxxx Xxxxxx Suite 300 Chicago, Illinois 60610 Attention: Xxxxx 000 Xxxxxxx, Xxxxxxx 00000 Attn: Xxxxxxx X. XxXxxxxx L. Xxxx Xxxxx Xxxxxxxx X. Xxxx Facsimile: (000) 000-0000 With a copy to: KanAm Mesirow Realty Sale-Leaseback, Inc. 0000 Xxxx Xxxxxxx Xxxxxxxxx Xxxxx Kapitalanlagegesellschaft mbH XxxxxXxxx 000 Xxxxxxxxxx, Xxxxxxx 00000 Xxxxxxxxx Xx Xxxx AttnAttention: Olivier Catusse, Director Facsimile: 011 49 69 7104 11 600 And with Xxxxx X. Xxx With a copy to: King Goldberg, Kohn, Bell, Black, Xxxxxxxxxx & SpaldingMoritz, LLP 000 Xxxxxxxxx Xxxxxx, XX Ltd. 00 Xxxx Xxxxxx Xxxxxx Xxxxx 0000 Xxxxxxx, Xxxxxxx Xxxxxxxx 00000 AttnAttention: W. Xxxx XxxxxxX. Xxxxx Landlord and Tenant shall each have the right from time to time to specify as its address for purposes of this Lease any other address in the United States of America upon fifteen (15) days written notice thereof, Esq. Facsimile: (000) 000-0000 Notices shall be sent by (i) U. S. registered or certified mail, postage prepaid, return receipt requested, (ii) reputable overnight delivery service providing proof of receipt, or (iii) hand deliverysimilarly given, to the offices set forth aboveother party. To be effective, in copies of all notices to Landlord must be given to any first Mortgagee of which case they shall be deemed delivered on the date of delivery to said offices or refusal to accept delivery, or (iv) by facsimile transmission during normal business hours followed by a confirmatory letter sent in another manner permitted hereunder. Any Tenant has received notice actually received or deemed received pursuant to Paragraph 24 hereof at the foregoing provisions on a non-Business Day or after 5:00 p.m. (in the recipient's time zone) on a Business Day shall be deemed received on the next Business Day. Either party may address and/or fax number specified by written notice to the other party given as provided hereunder change its address for service of Notice to any other recognized business address in the continental United States. Any address so designated shall include a street address for courier deliverysuch first Mortgagee.

Appears in 1 contract

Samples: Lease Agreement (Perry-Judds Inc)

Notices, Demands and Other Instruments. Any noticeAll notices, demanddemands, requestrequests, consentconsents, approval, or approvals and other instrument ("NOTICE") which may be permitted, instruments required or desired permitted to be given in connection herewith pursuant to the terms of this Lease shall be given in writing and directed shall be deemed to have been properly given if (a) with respect to Tenant, sent by registered or certified mail with a return receipt requested, postage prepaid, or sent by facsimile, nationally recognized overnight express carrier or delivered by hand, in each case addressed to Tenant at its notice address first above set forth, and (b) with respect to Landlord, sent by registered or certified mail with a return receipt request, postage prepaid, or sent by facsimile, nationally recognized overnight express courier or delivered by hand in each case, addressed to the Landlord (as applicable) as followsat its address first above set forth along with a copy to Lender: If to Tenant: RadioShack Corporation 000 XxxxxXxxxx Finova Realty Capital Inc., 00000 XxxXxxxxx Xxxxxxxxx, Xxxxx 0000, Xxxxxx, XX XX0-000 Xxxx Xxxxx00000, Xxxxx 00000 Attn.: Vice President - Corporate Real Estate Facsimile: Fax (000) 000-0000 With a copy to0000, Attn: RadioShack Corporation 000 XxxxxXxxxx Xxxxx Xxxxxxx, and Lender's Legal Counsel: Paul, Hastings, Xxxxxxxx & Xxxxxx, XX CF4-101 Xxxx LLP, 000 Xxxxx Xxxxxx Xxxxxx, 00xx Xxxxx, Xxxxx 00000 Attn.: Vice President and General Counsel Facsimile: Xxx Xxxxxxx, XX 00000-0000, Fax (000) 000-0000 If to Landlord: Kan Am Xxxxx Kapitalanlagegesellschaft mbH c/o WestWind Capital Partners0000, LP 0000 Xxxxxxxxx Xxxxxxx, Xxxxx 000 Xxxxxxx, Xxxxxxx 00000 Attn: Xxxxxxx Xxxxx X. XxXxxxxx L. Xxxx Xxxxx Xxxxxxxx X. Xxxx Facsimile: (000) 000-0000 With a copy to: KanAm Xxxxx Kapitalanlagegesellschaft mbH XxxxxXxxx 00000 Xxxxxxxxx Xx Xxxx Attn: Olivier Catusse, Director Facsimile: 011 49 69 7104 11 600 And with a copy to: King & Spalding, LLP 000 Xxxxxxxxx Xxxxxx, XX Xxxxxxx, Xxxxxxx 00000 Attn: W. Xxxx XxxxxxXxxxxxxx, Esq. Facsimile: Landlord and Tenant shall each have the right from time to time to specify as its address for purposes of this Lease any other address in the United States of America upon giving fifteen (00015) 000-0000 days written notice thereof, similarly given, to the other party. Notices shall be sent by (i) U. S. registered or certified mail, postage prepaid, return receipt requested, (ii) reputable overnight delivery service providing proof deemed communicated upon the earlier of receipt, or seventy-two (iii72) hand delivery, to hours from the offices set forth above, time of mailing if mailed as provided in which case they shall be deemed delivered this Section 11.1 and on the date of delivery to said offices or refusal to accept delivery, or (iv) by facsimile transmission during normal business hours followed by a confirmatory letter sent in another manner permitted hereunder. Any notice actually received or deemed received pursuant to the foregoing provisions on a non-Business Day or after 5:00 p.m. (in the recipient's time zone) on a first Business Day shall be deemed received on the next Business Day. Either party may following transmission if given by written notice to the other party given as provided hereunder change its address for service of Notice to any other recognized business address in the continental United States. Any address so designated shall include a street address for courier deliveryfacsimile.

Appears in 1 contract

Samples: Lease Agreement (Televideo Systems Inc)

Notices, Demands and Other Instruments. Any noticeAll notices, demandoffers, requestacceptances, consentrejections, approvalconsents, or requests and other instrument ("NOTICE") which may be permitted, required or desired to be given in connection herewith communications hereunder shall be given in writing and directed to Tenant or Landlord (as applicable) as follows: If to Tenant: RadioShack Corporation 000 XxxxxXxxxx Xxxxxx, XX XX0-000 Xxxx Xxxxx, Xxxxx 00000 Attn.: Vice President - Corporate Real Estate Facsimile: (000) 000-0000 With a copy to: RadioShack Corporation 000 XxxxxXxxxx Xxxxxx, XX CF4-101 Xxxx Xxxxx, Xxxxx 00000 Attn.: Vice President and General Counsel Facsimile: (000) 000-0000 If to Landlord: Kan Am Xxxxx Kapitalanlagegesellschaft mbH c/o WestWind Capital Partners, LP 0000 Xxxxxxxxx Xxxxxxx, Xxxxx 000 Xxxxxxx, Xxxxxxx 00000 Attn: Xxxxxxx X. XxXxxxxx L. Xxxx Xxxxx Xxxxxxxx X. Xxxx Facsimile: (000) 000-0000 With a copy to: KanAm Xxxxx Kapitalanlagegesellschaft mbH XxxxxXxxx 00000 Xxxxxxxxx Xx Xxxx Attn: Olivier Catusse, Director Facsimile: 011 49 69 7104 11 600 And with a copy to: King & Spalding, LLP 000 Xxxxxxxxx Xxxxxx, XX Xxxxxxx, Xxxxxxx 00000 Attn: W. Xxxx Xxxxxx, Esq. Facsimile: (000) 000-0000 Notices shall be sent by deemed to have been giving (i) U. S. when delivered in person, or (ii) when sent by telecopier (with receipt confirmed), or (iii) on receipt after being sent by express mail or delivery service guaranteeing overnight delivery, provided that in each of (i), (ii) and (iii) a copy is mailed by first class registered or certified mail, postage prepaid, return receipt requested, in each case addressed as follows: If to Guarantor: The Fairxxxxx Xxxporation 45020 Xxxxxxxx Xxxxx, Xxxxx #000 Xxxxxx, XX 00000-0000 Attn: General Counsel Telecopier: (ii703) reputable overnight delivery service providing proof of receipt000-0000 If to Kellxxxxx: Kellxxxxx Xxxustries, Inc. 1100 Xxxxxxxxxxxxx Xxxxxxx Xxxxxxx, XX 00000 Attn: Zivi R. Nxxxxx, Xxesident Telecopier: (954) 000-0000 With a Copy to: Akerman, Senterfitt & Eidsxx, X.A. 450 Xxxx Xxx Xxxx Xxxxxxxxx, Xxxxx 000 Xxxx Xxxxxxxxxx, XX 00000 Attn: Brucx X. Xxxch, Esq. Telecopier: (954) 000-0000 xx to such other person or (iii) hand delivery, to the offices set forth above, in which case they address as any such party shall be deemed delivered on the date of delivery to said offices or refusal to accept delivery, or (iv) furnish by facsimile transmission during normal business hours followed by a confirmatory letter sent in another manner permitted hereunder. Any notice actually received or deemed received pursuant to the foregoing provisions on a non-Business Day or after 5:00 p.m. (in the recipient's time zone) on a Business Day shall be deemed received on the next Business Day. Either party may by written notice to the other parties in writing. Notices need not be given or made by an officer of either party but shall be deemed sufficiently given as if made by the counsel of such party, and all of such notices shall be deemed in compliance hereof provided hereunder change its address for service of Notice to any other recognized business address only that they be given in the continental United States. Any address so designated shall include a street address for courier deliverymanner specified herein.

Appears in 1 contract

Samples: Stock Purchase Agreement (Banner Aerospace Inc)

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Notices, Demands and Other Instruments. Any noticeAll notices, demanddemands, requestrequests, consentconsents, approval, or approvals and other instrument ("NOTICE") which may be permitted, instruments required or desired permitted to be given in connection herewith shall pursuant to the terms of this Lease (any of which herein called a "notice")shall be given in writing and directed shall be deemed to Tenant have been properly given if sent by (i) certified mail, return receipt requested, postage prepaid, (ii) or Landlord sent by telegram, overnight express courier, or (iii) delivery by hand, addressed as applicablefollows (in case of clauses (i) as followsthrough (iii) or (iv) telephonic facsimile transmission (fax) (followed by a confirmation hard copy) to the following fax numbers: If to Tenant: RadioShack Corporation 000 XxxxxXxxxx XxxxxxNine West Group Inc. 9 West Broad Street Stamford, XX XX0-000 Xxxx Xxxxx, Connecticut 06902 Attn: Xx. Xxxxxxxxx X. Xxx Xxxxx 00000 Attn.: Vice Xxxxxxxxx Xxxe President - Corporate Real Estate FacsimileXxxxxxxxxx Telephone: (000) 000203 -328-0000 4366 Telecopier: 203 -978-6020 With a copy to: RadioShack Corporation 000 XxxxxXxxxx XxxxxxNine West Group Inc. 9 West Broad Street Stamford, XX CF4-101 Connecticut 06902 Attn: Xxxx X. Xxxxx, Xxxxx 00000 Xxxxxxx Xxxxxx Xxxx Xxxsident/Generax Xxxxxxx Telephone: 203 -328-4386 Telecopier: 203 -978-6020 and Nine West Group Inc. 9 West Broad Street Stamford, Connecticut 06902 Attn.: Vice President Xxxxxx X. Xxxxxx Xxxxxxxxx Xxxx Xxxxxxent and General Counsel FacsimileChief Xxxxxxxxx Xxxxxer Telephone: (000) 000203 -328-0000 4373 Telecopier: 203 -978-6020 If to Landlord: Kan Am Xxxxx Kapitalanlagegesellschaft mbH c/o WestWind Capital PartnersWestpark Associates 445 Broad Hollow Road Melville, LP 0000 Xxxxxxxxx Xxxxxxx, Xxxxx 000 Xxxxxxx, Xxxxxxx 00000 New York 11747 Attn: Xxxxxxx X. XxXxxxxx L. Xxxx Xxxxx Xxxxxxxxx, Xxxxxxx Xxxxxxxx X. Xxxx FacsimileA. Levine, Exxxxxx Xxxxxxxxe: 516-293-7800 Txxxxxxxxx:000-000-7886 Any notice so sent sxxxx xx xxxxed conclusively tx xxxx xxxx received by the addressee at the following time: (000A) 000-0000 With a copy to: KanAm Xxxxx Kapitalanlagegesellschaft mbH XxxxxXxxx 00000 Xxxxxxxxx Xx Xxxx Attn: Olivier Catusse, Director Facsimile: 011 49 69 7104 11 600 And certified mail - on the third (3rd) day after deposit in the mail unless earlier actual receipt is shown; (B) overnight express courier - on the next Business Day following deposit with a copy to: King & Spalding, LLP 000 Xxxxxxxxx Xxxxxx, XX Xxxxxxx, Xxxxxxx 00000 Attn: W. Xxxx Xxxxxx, Esq. Facsimile: the courier; (000) 000-0000 Notices shall be sent by (i) U. S. registered or certified mail, postage prepaid, return receipt requested, (ii) reputable overnight delivery service providing proof of receipt, or (iiiC) hand deliverydelivery - on any Business Day actually delivered to addressee; and (D) fax - on the date of transmission (if such date is a Business Day), to the offices set forth aboveunless transmission is completed later than 5:00 p.m., recipient's local time, in which case they receipt shall be deemed delivered on the date of delivery to said offices or refusal to accept delivery, or (iv) by facsimile transmission during normal business hours followed by a confirmatory letter sent in another manner permitted hereunder. Any notice actually received or deemed received pursuant to the foregoing provisions on a non-Business Day or after 5:00 p.m. (in the recipient's time zone) on a Business Day shall be deemed received on effective the next Business Day. Either party may by Landlord and Tenant shall each have the right from time to time to specify as its address for purposes of this Lease any other address in the United States of America upon five (5) days written notice thereof, similarly given, to the other party party. Notwithstanding anything herein to the contrary, for any notice by Tenant to Landlord to be effective, copies of such notices to Landlord must be given as provided hereunder change its address for service of Notice simultaneously to any other recognized business First Mortgagee of which Tenant has received notice pursuant to Section 31 hereof at the address in the continental United States. Any address so designated shall include a street address for courier deliveryand/or fax number specified by such First Mortgagee.

Appears in 1 contract

Samples: Lease Agreement (Nine West Group Inc /De)

Notices, Demands and Other Instruments. Any notice, demand, request, consent, approval, or other instrument ("NOTICENotice") which may be permitted, required or desired to be given in connection herewith shall be given in writing and directed to Tenant or Landlord (as applicable) as follows: If to Tenant: RadioShack Corporation 000 XxxxxXxxxx XxxxxxSchool Specialty Inc. 3395 West College Avenue Xxxxxxxx, XX XX0-000 Xxxx Xxxxx, Xxxxx Xxxxxxxxx 00000 Attn.: Vice President - Corporate Real Estate FacsimileXxx: (000) 082-5863 Xxxx: Xxxxxx J. Noskowiek With a copy tx: Xxanzoi & Franzoi, S.C. 000 Xxxine Street Xxxxxxx, Xxxxxxxxx 00000 Xxx: (000) 025-0000 0998 Xxxx: Xxxxxx F. Franzoi IV If to Landloxx: XXX Xxxxxxxxd, L.L.C. c/o Mesirow Realty Sale-Leaseback, Inc. 350 North Clark Street Xxxxx 000 Chicago, Illinois 60610 Fax: (312) 595-6141 Xxxx: Xxxxx W. Cohen With a copy to: RadioShack Corporation Xxxxxxx Xxalty Sale-Leaseback, Inc. 8211 West Broward Boulevard Xxxxx 000 XxxxxXxxxx XxxxxxXxxxxxxxxx, XX CF4-101 Xxxx Xxxxx, Xxxxx Xxxxxxx 00000 Attn.: Vice President and General Counsel FacsimileXxx: (000) 000070-0000 If to Landlord8221 Xxxx: Kan Am Xxxxx Kapitalanlagegesellschaft mbH c/o WestWind Capital Partners, LP 0000 Xxxxxxxxx Xxxxxxx, Xxxxx 000 Xxxxxxx, Xxxxxxx 00000 Attn: Xxxxxxx X. XxXxxxxx L. Xxxx Xxxxx Xxxxxxxx X. Xxxx Facsimile: (000) 000-0000 R. Piasecki With a copy to: KanAm Xxxxxxxx, Xxhn, Bell, Black, Rosenbloom & Moritz, Ltd. 55 East Monroe Street Xxxxx Kapitalanlagegesellschaft mbH XxxxxXxxx 00000 Xxxxxxxxx Xx Xxxx Attn: Olivier Catusse, Director Facsimile: 011 49 69 7104 11 600 And with a copy to: King & Spalding, LLP 000 Xxxxxxxxx Xxxxxx, XX 0000 Xxxxxxx, Xxxxxxx Xxxxxxxx 00000 Attn: W. Xxxx Xxxxxx, Esq. FacsimileXxx: (000) 000032-0000 2196 Xxxx: Xxxxxxn B. Bell Notices shall be sent by either (i) U. S. registered or certified mail, postage prepaid, return receipt requested, xxxxxxxxxx xxxivered (ii) including delivery by reputable overnight delivery service providing proof of receipt, or (iiisimilar courier service) hand delivery, to the offices set forth above, in which case they shall be deemed delivered on the date of delivery to said offices or refusal to accept deliveryoffices, or (ivii) sent by facsimile transmission during normal business hours followed by a confirmatory letter sent certified United States mail, return receipt requested, in another manner permitted hereunder. Any notice actually received or deemed received pursuant to the foregoing provisions on a non-Business Day or after 5:00 p.m. (in the recipient's time zone) on a Business Day which case they shall be deemed received delivered on the next Business Daydate shown on the receipt unless delivery is refused or delayed by the addressee in which event they shall be deemed delivered on the date of deposit in the United States mail or (iii) sent by facsimile, provided the sender of such facsimile has evidence that the facsimile was received by the addressee's machine, in which case they shall be deemed delivered on the date of receipt by the addressee's machine. To be effective, copies of all notices to Landlord must be given to any first Mortgagee of which Tenant has received notice pursuant to Paragraph 25 hereof at the address and/or facsimile number specified by such first Mortgagee. Either party may by written notice to the other party given as provided hereunder change its address for service of Notice to any other recognized business address in the continental United States. Any address so designated shall include a street address for courier delivery.

Appears in 1 contract

Samples: Lease (School Specialty Inc)

Notices, Demands and Other Instruments. Any noticeAll notices, demanddemands, requestrequests, consentconsents, approvaland approvals desired, or other instrument ("NOTICE") which may be permittednecessary, required or desired permitted to be given in connection herewith pursuant to the terms of this Lease shall be given in writing and directed shall be deemed to Tenant have been properly given if personally delivered (including delivery by courier or Landlord (as applicableby Federal Express or similar overnight delivery service) as followsor sent, postage prepaid, by first class registered or certified United States mail, return receipt requested, addressed to each party hereto at the following address: If to Landlord: Cousins Properties Incorporated 2500 Xxxxx Xxxxx Xxxxxxx Xxxxx 0000 Xxxxxxx, Xxxxxxx 00000-0000 Attention: Corporate Secretary Tenant: RadioShack Corporation 000 XxxxxXxxxx XxxxxxAtheroGenics, XX XX0-000 Xxxx Xxxxx, Xxxxx 00000 Attn.: Vice President - Corporate Real Estate Facsimile: (000) 000-0000 With a copy to: RadioShack Corporation 000 XxxxxXxxxx Xxxxxx, XX CF4-101 Xxxx Xxxxx, Xxxxx 00000 Attn.: Vice President and General Counsel Facsimile: (000) 000-0000 If to Landlord: Kan Am Xxxxx Kapitalanlagegesellschaft mbH c/o WestWind Capital Partners, LP 0000 Xxxxxxxxx Xxxxxxx, Xxxxx 000 XxxxxxxInc. 3065 Xxxxxxxxxx Xxxxxx Xxxxxxxx, Xxxxxxx 00000 Attn: Xxxxxxx X. XxXxxxxx L. Xxxx Xxxxx Xxxxxxxx X. Xxxx Facsimile: (000) 000-0000 With a copy to: KanAm Xxxxx Kapitalanlagegesellschaft mbH XxxxxXxxx 00000 Xxxxxxxxx Xx Xxxx Attn: Olivier Catusse, Director Facsimile: 011 49 69 7104 11 600 And Mr. Xxxxxx Xxxbxxxx with a courtesy copy to: King to (which shall not be required for effective notice to be given to Tenant): Leonxxx X. Xxxxxxxxxxx, Xxq. Long, Aldrxxxx & Spalding, LLP 000 Xormxx 5300 One Peachtree Center 303 Xxxxxxxxx Xxxxxx, XX Xxxxxx Xxxxxxx, Xxxxxxx 00000 Attn: W. Xxxx Xxxxxx, Esq. Facsimile: (000) 00000000-0000 Notices xx at such other address in the United States as Landlord or Tenant may from time to time designate by like notice. Additionally, Tenant agrees to send copies of all notices required or permitted to be given to Landlord to each lessor under any underlying lease and each holder of a mortgage, deed to secure debt, deed of trust or similar financing instrument encumbering Landlord's interest in the Premises that notifies Tenant in writing of its interest and the address to which notices are to be sent. Any such notice, demand, request or other communication shall be sent by (i) U. S. registered considered given or certified maildelivered as the case may be, postage prepaid, return receipt requested, (ii) reputable overnight delivery service providing proof of receipt, or (iii) hand delivery, to the offices set forth above, in which case they shall be deemed delivered on the date of personal delivery to said offices or on the date of deposit in the United States mail as provided above. Rejection or other refusal to accept delivery, or (iv) by facsimile transmission during normal business hours followed by a confirmatory letter sent in another manner permitted hereunder. Any inability to deliver because of changed address of which no notice actually received or deemed received pursuant to the foregoing provisions on a non-Business Day or after 5:00 p.m. (in the recipient's time zone) on a Business Day was given shall be deemed received on to be receipt of the next Business Day. Either party may by written notice to the notice, demand, request or other party given as provided hereunder change its address for service of Notice to any other recognized business address in the continental United States. Any address so designated shall include a street address for courier deliverycommunication.

Appears in 1 contract

Samples: Lease Agreement (Atherogenics Inc)

Notices, Demands and Other Instruments. Any notice, demand, request, consent, approval, or other instrument ("NOTICE"“Notice”) which may be permitted, required or desired to be given in connection herewith shall be given in writing and directed to Tenant or Landlord (as applicable) as follows: If to Tenant: RadioShack Corporation 000 XxxxxXxxxx Xxxxxx, XX XX0CF6-000 118 Xxxx Xxxxx, Xxxxx 00000 Attn.: Vice President - Corporate Real Estate Facsimile: (000) 000-0000 With a copy to: RadioShack Corporation 000 XxxxxXxxxx Xxxxxx, XX CF4-101 Xxxx Xxxxx, Xxxxx 00000 Attn.: Xxx Xxxxxxx, Vice President and General Counsel Facsimile: (000) 000-0000 If to LandlordAnd with a copy to: Kan Am E. Xxxx Xxxxx Kapitalanlagegesellschaft mbH c/o WestWind Capital Partners, LP 0000 Xxxxxxxxx Xxxxxx Xxxxx Xxxxxxx & Xxxxxxx, L.L.P. 000 Xxxx Xxxxxx, Xxxxx 000 Xxxxxxx0000 Xxxx Xxxxx, Xxxxxxx Xxxxx 00000 Attn: Xxxxxxx X. XxXxxxxx L. Xxxx Xxxxx Xxxxxxxx X. Xxxx Facsimile: (000) 000-0000 With a copy toIf to Landlord: KanAm Tarrant County College District 0000 Xxxxxxx Xxxxxx Xxxx Xxxxx, Xxxxx Kapitalanlagegesellschaft mbH XxxxxXxxx 00000 Xxxxxxxxx Xx Xxxx Attn: Olivier Catusse, Director Facsimile: 011 49 69 7104 11 600 Chancellor Facsimile (000) 000-0000 And with a copy to: King Xxxxx Xxxxxxx Law, Xxxxxxx & SpaldingXxxxxxx, LLP 000 Xxxxxxxxx P.C. 0000 X. 0xx Xxxxxx, XX XxxxxxxXxxxx 000 Xxxx Xxxxx, Xxxxxxx 00000 Attn: W. Xxxx Xxxxxx, Esq. Facsimile: Xxxxx 00000-0000 Facsimile (000) 000-0000 Notices shall be sent by (i) U. S. registered or certified mail, postage prepaid, return receipt requested, (ii) reputable overnight delivery service providing proof of receipt, or (iii) hand delivery, to the offices set forth above, in which case they shall be deemed delivered on the date of delivery to said offices or refusal to accept delivery, or (iv) by facsimile transmission during normal business hours followed by a confirmatory letter sent in another manner permitted hereunder. Any notice actually received or deemed received pursuant to the foregoing provisions on a non-Business Day or after 5:00 p.m. (in the recipient's ’s time zone) on a Business Day shall be deemed received on the next Business Day. Either party may by written notice to the other party given as provided hereunder change its address for service of Notice to any other recognized business address in the continental United States. Any address so designated shall include a street address for courier delivery.

Appears in 1 contract

Samples: Lease (Radioshack Corp)

Notices, Demands and Other Instruments. Any notice, demand, request, consent, approval, or other instrument ("NOTICE") which may be permitted, required or desired to be given in connection herewith shall be given in writing and directed to Tenant or Landlord (as applicable) as follows: If to Tenant: RadioShack Corporation 000 XxxxxXxxxx Xxxxxx, XX XX0-000 Xxxx Xxxxx, Xxxxx 00000 Attn.: Vice President - -- Corporate Real Estate Facsimile: (000) 000-0000 With a copy to: RadioShack Corporation 000 XxxxxXxxxx Xxxxxx, XX CF4-101 Xxxx Xxxxx, Xxxxx 00000 Attn.: Vice President and General Counsel Facsimile: (000) 000-0000 If to Landlord: Kan Am Xxxxx Kapitalanlagegesellschaft mbH c/o WestWind Capital Partners, LP 0000 Xxxxxxxxx Xxxxxxx, Xxxxx 000 Xxxxxxx, Xxxxxxx 00000 Attn: Xxxxxxx X. XxXxxxxx L. Xxxx Xxxxx Xxxxxxxx X. Xxxx Facsimile: (000) 000-0000 With a copy to: KanAm Xxxxx Kapitalanlagegesellschaft mbH XxxxxXxxx 00000 Xxxxxxxxx Xx Xxxx -27- Attn: Olivier Catusse, Director Facsimile: 011 49 69 7104 11 600 And with a copy to: King & Spalding, LLP 000 Xxxxxxxxx Xxxxxx, XX Xxxxxxx, Xxxxxxx 00000 Attn: W. Xxxx Xxxxxx, Esq. Facsimile: (000) 000-0000 Notices shall be sent by (i) U. S. registered or certified mail, postage prepaid, return receipt requested, (ii) reputable overnight delivery service providing proof of receipt, or (iii) hand delivery, to the offices set forth above, in which case they shall be deemed delivered on the date of delivery to said offices or refusal to accept delivery, or (iv) by facsimile transmission during normal business hours followed by a confirmatory letter sent in another manner permitted hereunder. Any notice actually received or deemed received pursuant to the foregoing provisions on a non-Business Day or after 5:00 p.m. (in the recipient's time zone) on a Business Day shall be deemed received on the next Business Day. Either party may by written notice to the other party given as provided hereunder change its address for service of Notice to any other recognized business address in the continental United States. Any address so designated shall include a street address for courier delivery.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Radioshack Corp)

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