Fill and Sign the 05 Notices Provisionlong Form Provision

§ 23.05 Notices Provision —Long-Form P rovision Page 656 Section X.01. No tices. (a) Requirement of a Writing; Permitted Methods of De livery. Each party giving or making any notice, request, demand or other communication (each, a “Notice”) pursuant to this Agreement shall (i) give the Notice in writing; (ii) cause the Notice to be signed [by ]; and (iii) use one of the following methods of delivery, each of which for purposes of this Agreement is a writing: (A) Personal delivery. (B) Registered or Certified Mail, in each case, return receipt requested and postage prepaid. (C) Nationally [or internationally] recognized overnight courier, with all fees prepaid. (D) Facsimile. (E) Telex. (F) E-mail. (b) Addressees and Addresse s. Each party giving a Notice shall address the Notice to the appropriate person at the receiving party (the “Addressee”) at the address [listed below] [on the signature page of this Agreement] or to another Addressee or at another address as designated by a party in a Notice pursuant to this Section. Party A: Company Name Mailing Address Courier Address (if different) Attention: Facsimile No.: Telephone No. (for verification purposes only): E-mail: [With a copy to:] Party A’s counsel: Firm Name Mailing Address Courier Address (if different) Attention: Facsimile No.: Telephone No. (for verification purposes only): E-mail: Party B: Company Name Mailing Address Courier Address (if different) Attention: Facsimile No.: Telephone No. (for verification purposes only): E-mail: [With a copy to:] Party B’s counsel: Firm Name Mailing Address Courier Address (if different) Attention:Facsimile No.: Telephone No. (for verification purposes only): E-mail: (c) Effectiveness of a Notice. Except as provided elsewhere in this Agreement, a Notice is effective only if the party giving the Notice has complied with subsections (a) and (b) and if the Addressee has received the Notice. A Notice is deemed to have been received as follows:(i) Personal Delivery, Mail, and Courier. If a Notice is delivered in person, or sent by Registered or Certified Mail or nationally [or internationally] recognized overnight courier, upon receipt as indicated by the date on the signed receipt. (ii) Facsimile. If a Notice is sent by facsimile, upon receipt by the party giving the Notice of an acknowledgment or transmission report generated by the machine from which the facsimile was sent indicating that the facsimile was sent in its entirety to the Addressee’s facsimile number. [(iii) Telex. If a Notice is sent by telex, upon confirmed answerback.] (iv)E-mail. If a Notice is sent by e-mail, [insert agreed- upon standard]. (v) Refusal to Accept Notice. If the Addressee rejects or otherwise refuses to accept the Notice, or if the Notice cannot be delivered because of a change in address for which no Notice was given, then upon the rejection, refusal or inability to deliver the Notice. (iv) Exceptions. Despite the other clauses of this subsection (c), if any Notice is received after 5:00 p.m. (A) on a Business Day where the Addressee is located, or (B) on a day that is not a Business Day where the Addressee is located, then the Notice is deemed received at 9:00 a.m. on the next Business Day where the Addressee is located.