Notices; Other Communications. (a) Except as olherwise provided in this Agreement: (i) Ali nolices, consents, waivers, and olher communications under this Agreement musl be in writing and in lhe English language and must be (A) delivered in person (by messenger or otherwi e , lo lhe addresses indicated in Appendix 1 hereto for the intended addressee thereof, (B) sent by registered mali or by an internationally recognized courier service, to lhe addresses indicated in Appendix 1 hereto for Lhe intended addressee lhereof, or (C) sent both by e-mali and by fax, to lhe e-mau address and fax number respectively indicaled in Appendix 1 hereto for the inlended addressee lhereof; (ii) Any nolice, consent, waiver or other comrnunicaLion under lhis Agreemenl sent in accordance with Section 11.2(a) shall be deemed to have been “delivered” (A) if deiivered in person, on lhe date il is so deiivered (as evidenced by a writlen contjrmalion of receipt, or if receipt is refused, by notarial confirmation of deiivery or attempted delivery), (8) iC sent by registered maU or by an internationaliy recognized courier service, on lhe day It is delivered (as evidenced by the maU or courier delivery conflrmation). or (C) i[ sem both by e-mali and by fax, upon lhe eariier of lhe sender’s receipt of either (x) a deilvery contirmation from the recipient’s e-mali server indicating lhal the email was deiivered lo lhe recipient’s mailbox or has reached the recipient’s e-mau server (v) a fax transmission confirmation by lhe sende(s fax machine or Cax transmission software (wilh no indication of failure of delivery) (for lhe avoidance of doubt, if a notice, consent, waiver or olher communicalion is sent by bolh e-mali and fax, a single confirmation of eilher e-mali or fax delivery shall sufflce for such notice, consenl, waiver or other communication lo be deemed lo have been “delivered”); and (iii) Any notice, consent, waiver or olher communication under lhis Agreement deiivered after 5 p.m. of the recipienl’s local lime shall be deemed lo have been received as of the foilowing Business Day, and any notice deiivered aI or prior lo 5 p.m. of lhe recipient’s local lime shail be deemed lo have been received as of lhe same Business Day. (b) A Part may change the address, fax number or e-mali address indicaled for such Party in Appendix 1 herdo by giving nolice of such change in lhe manner provided in Section 11.2(a) above (with due regard lo Section 3.7(d)(ii)).
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Sources: Shareholders Agreement, Shareholders Agreement
Notices; Other Communications. (a) Except as olherwise otherwise provided in this Agreement:
(i) Ali nolicesAll notices, consents, waivers, and olher other communications under this Agreement musl must be in writing and in lhe the English language and must be (A) delivered in person (by messenger or otherwi e otherwise), lo lhe to the addresses indicated in Appendix 1 hereto for the intended addressee thereof, (B) sent by registered mali mail or by an internationally recognized courier service, to lhe the addresses indicated in Appendix 1 hereto for Lhe the intended addressee lhereofthereof, or (C) sent both by e-mali mail and by fax, to lhe the e-mau mail address and fax number respectively indicaled indicated in Appendix 1 hereto for the inlended intended addressee lhereofthereof;
(ii) Any nolicenotice, consent, waiver or other comrnunicaLion communication under lhis Agreemenl this Agreement sent in accordance with Section 11.2(a) shall be deemed to have been “delivered” (A) if deiivered delivered in person, on lhe the date il it is so deiivered delivered (as evidenced by a writlen contjrmalion written confirmation of receipt, or if receipt is refused, by notarial confirmation of deiivery delivery or attempted delivery), (8) iC B) if sent by registered maU mail or by an internationaliy internationally recognized courier service, on lhe the day It it is delivered (as evidenced by the maU mail or courier delivery conflrmationconfirmation). , or (C) i[ sem if sent both by e-mali mail and by fax, upon lhe eariier the earlier of lhe the sender’s receipt of either (x) a deilvery contirmation delivery confirmation from the recipient’s e-mali mail server indicating lhal that the email was deiivered lo lhe delivered to the recipient’s mailbox or has reached the recipient’s e-mau mail server or (vy) a fax transmission confirmation by lhe sende(s the sender’s fax machine or Cax fax transmission software (wilh with no indication of failure of delivery) (for lhe the avoidance of doubt, if a notice, consent, waiver or olher communicalion other communication is sent by bolh both e-mali mail and fax, a single confirmation of eilher either e-mali mail or fax delivery shall sufflce suffice for such notice, consenlconsent, waiver or other communication lo to be deemed lo to have been “delivered”); and
(iii) Any notice, consent, waiver or olher other communication under lhis this Agreement deiivered delivered after 5 p.m. of the recipienlrecipient’s local lime time shall be deemed lo to have been received as of the foilowing following Business Day, and any notice deiivered aI delivered at or prior lo to 5 p.m. of lhe the recipient’s local lime shail time shall be deemed lo to have been received as of lhe the same Business Day.
(b) A Part Party may change the address, fax number or e-mali mail address indicaled indicated for such Party in Appendix 1 herdo hereto by giving nolice notice of such change in lhe the manner provided in Section 11.2(a) above (with due regard lo to Section 3.7(d)(ii)).
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