Common use of Messages Clause in Contracts

Messages. (i) Each party agrees to accord the messages the same status as would be accorded to a document or to information sent other than by electronic means, unless such Messages can be shown to have been corrupted during or upon transmission to Venture; (ii) Where there is evidence that a Message has been corrupted or if any Message is identified or capable of being identified as incorrect it shall be re-transmitted by the sender as soon as practicable with a clear indication that it is a corrected Message. Any liability of the sender which would otherwise accrue from the sender's failure to comply with the provisions of this clause 22.8(ii) shall not accrue if clause 22.8(iii) applies; (iii) Notwithstanding clauses 22.8(i) and 22.8(ii) Venture will not be liable for the consequences of an incomplete or incorrect Message if the error is or should in all the circumstances be reasonably obvious to the Client. In such event the Client must immediately notify Venture thereof; (iv) If the recipient has reason to believe that a Message is not intended for him he should notify the sender and should delete from his system the information contained in such Message but not the record of its receipt.

Appears in 2 contracts

Sources: Agreement for the Purchase of Debts (Inyx Inc), Agreement for the Purchase of Debts (Microtel International Inc)

Messages. (i) Each party agrees to accord the messages each Message the same status as would be accorded to a document or to information sent other than by electronic means, unless each such Messages Message can be shown to have been corrupted during or upon transmission to Venture; (ii) Where there is evidence that a Message has been corrupted or if any Message is identified or capable of being identified as incorrect it shall be re-transmitted by the sender as soon as practicable with a clear indication that it is a corrected Message. Any liability of the sender which would otherwise accrue from the sender's ’s failure to comply with the provisions of this clause 22.8(ii) shall not accrue if clause 22.8(iii) applies; (iii) Notwithstanding clauses 22.8(i) and 22.8(ii) Venture will not be liable for the consequences of an incomplete or incorrect Message if the error is or should in all the circumstances be reasonably obvious to the Client. In such event the Client must immediately notify Venture thereof; (iv) If the recipient has reason to believe that a Message is not intended for him he should notify the sender and should delete from his system the information contained in such Message but not the record of its receipt.

Appears in 1 contract

Sources: Agreement for the Purchase of Debts (Oilgear Co)