Common use of Effective Delivery Clause in Contracts

Effective Delivery. Any notice delivered (i) by hand delivery or courier shall be deemed to have been delivered on the date of actual delivery (or, if delivery is refused, upon presentment); (ii) by prepaid registered letter shall be deemed to have been delivered upon delivery; and (iii) by facsimile shall be deemed to have been delivered on the date the transmission is sent (provided, that a copy of such facsimile and transmission confirmation is delivered by means other than facsimile within 5 days). In proving delivery of any notice it shall be sufficient (i) in the case of delivery by hand delivery or courier, to prove that the notice was properly addressed and delivered; (ii) in the case of delivery by prepaid registered letter, to prove that the notice was properly addressed and posted; and (iii) in the case of delivery by facsimile transmission, to prove that the transmission was confirmed as sent by the originating machine to the facsimile number of the recipient, on the date specified.

Appears in 2 contracts

Sources: Equity Option Agreement (China Cablecom Holdings, Ltd.), Equity Option Agreement (China Cablecom Holdings, Ltd.)