✨ Agreement Terms and Notices
2716 NEW ZEALAND GAZETTE, No. 93 5 JULY 2011
14.2 Other agreements: Clause 14.1 does not prevent the parties from making promises or agreements outside of this agreement, whether related to the subject matter of this agreement or otherwise, on the basis that the parties acknowledge that such promises or agreements are not part of this agreement and accordingly the provisions of sections 119(4) and 130(1)(c) of the Electricity Industry Act 2010 do not apply to those promises or agreements.
14.3 Privity: Clauses 14.1 and 14.2 are for the benefit of the Crown and are enforceable by it under the Contracts (Privity) Act 1982.
- NOTICES
15.1 Notice: Every notice or other communication ("Notice") for the purposes of this agreement shall:
(a) be in writing; and
(b) be delivered in accordance with clause 15.2.
15.2 Method of service: A Notice may be given by:
(a) delivery to the physical address of the relevant party; or
(b) posting it by pre-paid post to the postal address of the relevant party; or
(c) sending it by facsimile transmission to the facsimile number of the relevant party, so long as clause 15.4 is complied with; or
(d) sending it by email to the email address of the relevant party, so long as clause 15.4 is complied with.
15.3 Time of receipt: A Notice given in the manner:
(a) specified in clause 15.2(a) is deemed received at the time of delivery;
(b) specified in clause 15.2(b) is deemed received three Business Days after (but exclusive of) the date of posting;
(c) specified in clause 15.2(c) or clause 15.2(d) is deemed (subject to clause 16.4) received:
(i) if sent between the hours of 9am and 5pm (local time) on a local working day, at the time of transmission; or
(ii) if subclause (i) does not apply, at 9am (local time) on the local working day most immediately after the time of sending.For this purpose "local time" is the time in the place of receipt of the Notice, and a "local working day" is a normal working day in that place.
15.4 Facsimile and email notice: A Notice given:
(a) by facsimile, is not deemed received unless (if receipt is disputed) the party giving Notice produces a facsimile transmission report of the device from which the transmission was made which evidences full transmission, free of errors, to the facsimile number of the party given Notice;
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NZ Gazette 2011, No 93
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Expert Determination Clauses in Agreement for Transitional Services
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🏭 Trade, Customs & IndustryDispute Resolution, Expert Determination, Good Faith Discussion, Confidentiality, Arbitration, Costs
🏭 Additional Agreements and Privity Clauses
🏭 Trade, Customs & IndustryAgreements, Privity, Contracts, Crown Enforcement
🏭 Notice and Communication Procedures
🏭 Trade, Customs & IndustryNotice, Communication, Service, Receipt, Facsimile, Email