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34.1 General

All notices to be made or given by a Party hereunder (each, a “Notice”) shall be in writing and delivered:
To [STATE]:

To [COMPANY]:

34.2 Change of Address

A Party may change its address by Notice to the other Party.

34.3 Delivery Methods

All Notices shall be given:

(a) By personal delivery (including courier), which shall be deemed to have been delivered on the day on which it shall have been delivered to an apparently responsible person at the address listed in Section 34.1;
(b) By registered mail, charges prepaid; or
(c) By electronic transmission, signed by the sender and marked for the attention of the person identified above, with a hard copy mailed to the address above.

34.4 Effective Time of Delivery

All Notices shall be effective and shall be deemed received on the date of personal delivery or delivery by registered mail at the address of the addressee established pursuant to this Agreement, if delivered during normal business hours on any Day, and if not delivered during normal business hours, on the next business Day following delivery. A Notice given by electronic transmission shall be deemed received on the next business Day following the date of transmission.

Example 1
28. Notices

28.1.1 Any notice, consent, demand, approval or other communication (a “Notice”) required or permitted to be given, delivered or served under this Agreement or in connection with the transaction as evidenced by the Sale and Purchase Agreement or under the Act shall be deemed to have been given, delivered or served if:

(a) in the case of a Notice given by [Government], such Notice is signed on behalf of [Government] by either the Minister or Permanent Secretary to the Ministry as their respective responsibilities require; or
(b) in the case of a Notice to be given by [Company], such Notice is signed.

28.1.2 Each such Notice shall, as elected by the Party giving such notice, be personally delivered or transmitted by fax to the other Party as follows:

A Notice to [Government]:
XXXXXX

A Notice to [Company]:
XXXXX

Except as otherwise specified herein, a Notice or other communication shall be deemed to have been duly given on the earlier of:

28.1.3 if delivered personally, the date at which it was left at the address referred to in Clause 0 and signed for at that address by someone with apparent authority to do so; or
28.1.4 if transmitted by facsimile the date of transmission to the fax number set out in Clause 0 with confirmed successful transmission from the sender’s fax machine. Either Party may change its address by Notice to the other Party given in accordance with the provisions of this Clause. All Notices and all communications, documents or instruments given, transmitted, delivered or served under this Agreement or in connection with this transaction shall be in the English language.
Where [Company] is required to submit any plans, proposals or other material for the approval of [Government], the date of submission shall be deemed to be the date on which [Government] received the said plans, proposals or other materials.

Example 2
17.12 Notifications

(a) All the communications (each a “Notice”) shall be made in writing, and shall be deemed as effectively delivered: (i) if personally delivered, with acknowledgement of receipt; and, (ii) when delivered through a reputable international courier service, they shall be deemed to have been received on the third Business Day after being sent. The addresses of the Parties for delivery of Notices shall be:
XXXXXXX
The changes to the above addresses shall be notified by Notice to the other Party and the same shall be effective in a term of Five (5) Business Days beginning from the date on which the change is notified.
The Parties acknowledge that the notices for purposes of any arbitration or proceeding before any court, may be effected in the manner specified in this Section, it being agreed that the notices served in such manner shall constitute valid notices to the Party or its successors and assigns; provided that the above does not affect the right of any Party or of its successors or assigns of duly notifying in another manner permitted by law or by the Arbitration Rules of the ICC.
(b) The Government Parties hereby appoint the Secretary of Industry and Commerce as its sole and exclusive agent to give all Notices and communications authorized or prescribed by this Agreement (the “Authorized Government Representative”). Whenever this Agreement authorizes or demands that the Government Parties take any action or give Notice to [Company], such action shall be made or the Notice solely given by the Authorized Government Representative. The Government Parties may change the identity of the Authorized Government Representative by means of a Notice served to [Company].
Unless otherwise established expressly herein, all the approvals that must be given by THE STATE, on its behalf and in replacement of the other Government Parties pursuant to this Agreement and the Amendment to the SLA, in accordance with Article One of the Amendment of the SLA, shall be considered as approved when a term of thirty (30) Days beginning from the Notice given by [Company] to THE STATE, has elapsed and the latter has not made any objection.
(c) [Company] hereby appoints the General Manager of [Company] as its sole and exclusive agent for the giving of all Notices and communications authorized or required by this Agreement (“[Company]’s Authorized Representative”). Whenever this Agreement authorizes or requires [Company] to take any action or give any Notice to THE STATE, such action shall be taken or Notice shall be given only by the [Company]’s Authorized Representative. [Company] may change the identity of [Company]’s Authorized Representative by Notice to THE STATE.

Example 3
Notices
7. Every notice by these presents required to be given to the lessee/lessees shall be given in writing to such person resident on the said lands as the lessee/lessees may appoint for the purpose of receiving such notices and if there shall have been no such appointment then every such notice shall be sent to the lessee/lessees by registered post addressed to the lessee/lessees at the address recorded in this lease or at such other address in Country as the lessee/lessees may from time to time in writing to State Government designate for the receipt of notices and every such service shall be deemed to be proper and valid service upon the lessee/lessees and shall not be questioned or challenged by him/them.

Example 4
Notices
36. Any notice, consent or other writing authorised or required by this Agreement to be given or sent by the State to the Company or to the Guarantor will be deemed to have been duly given or sent if signed by the Minister or by any senior officer of the Public Service of the State acting by the direction of the Minister and forwarded by prepaid post or handed to the Company or to the Guarantor as the case may be at its address hereinbefore set forth or other address in the said State nominated by the Company, or by the Guarantor as the case may be, to the Minister and by the Company or by the Guarantor to the State if signed on its behalf by any person or persons authorised by the Company or by its solicitors, or by the Guarantor or by its solicitors as the case may be, as notified to the State from time to time, and forwarded by prepaid post or handed to the Minister and except in the case of personal service any such notice, consent or writing shall be deemed to have been duly given or sent on the day on which it would be delivered in the ordinary course of post.

REFER TO MMDA DISCLAIMERS AND MMDA USER’S GUIDE
PRIOR TO ANY USE OF THIS DOCUMENT.

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