Notice and Response. (1) The parties agree that notice of the initiating requirements for Capital Projects under section 4B shall be deemed to have been given where such Work has, as a result of consultation between the parties prior to finalization of the Responsible Party’s capital program, been included in the Responsible Party’s capital program. (2) Other than in the circumstances as set out in the preceding paragraph and for Work as set out in section 3, item 12(a) and (c), an Initiating Party under this Agreement shall be required to give notice to the Responsible Party under subsection 16(4) of this Agreement in writing served by facsimile or courier delivery or deposited in the mail, postage prepaid by registered mail, or by telephone at the following addresses or numbers: For the TTC: General Secretary, Toronto Transit Commission ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇, ▇▇ ▇▇▇ ▇▇▇ Transit Control - ▇▇▇-▇▇▇-▇▇▇▇ Fax No. - ▇▇▇-▇▇▇-▇▇▇▇ For the City: General Manager, Transportation Services Toronto City Hall 23rd Floor, East Tower ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇ ▇▇▇ ▇▇▇ Tel No. - ▇▇▇-▇▇▇-▇▇▇▇ Fax No. - ▇▇▇-▇▇▇-▇▇▇▇ (3) For the purposes of section 3, item 12(a) and (c), TTC shall provide notice to City in writing served by facsimile or courier delivery or deposited in the mail, postage prepaid by registered mail, or by telephone at the following addresses or numbers: For the City: General Manager, Parks, Forestry and Recreation Toronto ▇▇▇▇ ▇▇▇▇ ▇▇▇ ▇▇▇▇▇, ▇▇▇▇ Tower ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇ ▇▇▇ ▇▇▇ Tel No. - ▇▇▇-▇▇▇-▇▇▇▇ Fax No. - ▇▇▇-▇▇▇-▇▇▇▇ An Initiating Party giving notice by telephone at the numbers set out above shall provide a return telephone number. The call shall then be returned by the Responsible Party, who shall provide a facsimile number to which further information may be sent. Notice shall be conclusively deemed to have been given as of the time of receipt of such the first telephone call. If notice is given in writing, the following shall apply: if sent by facsimile, notice shall be deemed to have been received within one (1) day of the date of successful transmission, or, in the case of mailing, shall be deemed to have been received in three (3) days of such mailing or, in the case of delivery by courier, shall be deemed to have been received within two (2) business days following the pick-up by the courier. In the event of a change in the addresses or telephone numbers listed above, the Responsible Party shall immediately notify the other party of the change in telephone number or address for the purpose of giving notice under this paragraph.
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