When Given Clause Samples
The "When Given" clause defines the specific timing or conditions under which certain information, notices, or actions are considered to have been provided or delivered under the agreement. In practice, this clause might specify that a notice is deemed given when sent by email, delivered in person, or after a certain number of days following mailing. Its core function is to eliminate ambiguity about when obligations tied to delivery or receipt of information are triggered, ensuring both parties have a clear understanding of their responsibilities and timelines.
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When Given. Any communication addressed and delivered as herein provided shall be deemed to be received when actually delivered to the address of the addressee (whether or not delivery is accepted) or received by the telecopy machine of the recipient. Any communication not so addressed and delivered shall be ineffective.
When Given. Any communication so addressed and deposited in the United States mail, postage prepaid, by registered or certified mail (in each case, with return receipt requested) shall be deemed to be received on the third (3rd) succeeding Business Day after the day of such deposit (not including the date of such deposit). Any communication so addressed and delivered otherwise shall be deemed to be received when actually received at the address of the addressee.
When Given. Notices are taken to be given in the case of delivery:
(a) by hand, when delivered;
(b) by post, on the third day after the date of posting;
(c) by fax, at the time shown on a transmission report by the machine from which the fax was sent which indicates that the fax communication was sent at that time, in its entirety and without error to the fax number of the recipient; and
(d) by email, when sent, unless the sender is notified, by a system or person involved in the delivery of the email, that the email was not successfully sent.
When Given. Any notice so mailed shall be deemed to be given and become effective three (3) days after deposit in the U.S. Mail. Any notice given in any other manner shall be deemed to be given and become effective only if and when actually received (or rejected) by the addressee.
When Given. Any notice addressed and delivered as herein provided shall be deemed to be received when actually delivered to the address of the addressee (whether or not delivery is accepted except for the negligence of the delivering party) or received by the telecopy machine of the recipient (assuming evidence of electronic confirmation of transmission). Any notice not so addressed and delivered shall be ineffective.
When Given. Any communication under this Section 8.1 shall be deemed given only when actually received.
When Given. Any communication shall be deemed to be received when actually received at the address of the addressee.
When Given. Any communication so addressed and delivered shall be deemed received, in the case of personal delivery, when actually received; in the case of delivery by overnight courier, on the Business Day following transmission; and in the case of facsimile transmission, on the date of acknowledgment of transmission, if a Business Day, and, if not a Business Day, on the next succeeding Business Day.
When Given. All Notices shall be conclusively deemed to have been duly given (i) when hand-delivered to the other Party, or delivered to the office of a recipient in the care of a Person whom the sender has reason to believe will promptly communicate the Notice to the recipient; or (ii) when received when sent by facsimile or email at the address and number set forth in Section 9.7.1 (provided, however, that Notices given by facsimile or email shall not be effective unless the receiving Party delivers a written confirmation of receipt for such Notice either by facsimile, email or any other method permitted under this Section 9.7; and provided, further, that any Notice given by facsimile or email shall be deemed received on the next Business Day if such Notice is received after 5:00 p.m. (recipient’s time) or on a non-Business Day); or (iii) three (3) Business Days after deposit in a United States post office by certified mail, return receipt requested, postage prepaid and addressed to the Parties as set forth in Section 9.7.1; or (iv) the next Business Day after deposit with a national overnight delivery service (such as Federal Express, United Parcel Service and DHL WorldWide Express), delivery fees prepaid, addressed to the Parties as set forth in Section 9.7.1 for next business-day delivery, provided that the sending Party receives a confirmation of delivery from the delivery- service provider.
When Given. If a communication is given:
(a) after 5.00pm; or
(b) on a day that is not a Business Day, it is taken as having been given at 9.00am on the next day that is a Business Day.