Notices
The Notices clause in the general provisions section of an agreement defines how notice of any adjustment or change is to be made, where notice may be made, and when the notice is deemed to have been received. The clause works in conjunction with other provisions of the agreement stating the circumstances when notice is required. See also Kingsley Martin’s http://www.contractstandards.com/contract-structure/general-provisions/notices for a full description of notices in contracts.
See also:
Notices: Example Clauses
| All notices given pursuant to this Agreement shall be in writing and may be hand delivered, or shall be deemed received within [time period]after mailing if sent by registered or certified mail, return receipt requested. If any notice is sent by facsimile, confirmation copies must be sent by mail or hand delivery to the specified address. Either party may from time to time change its Notice Address by written notice to the other party. |
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Commentary: Notifying the other side is the first step for many actions a party may wish to take under a contract, but “any old notice” will not do. In order to give effective notice, for example, to start the clock running on time periods that are set out in the agreement, the parties must follow exactly the details of proper notice spelled out in the notice provision.
Be sure that the institutional contact person named in the notice provision is the right person to receive notice and will know how to handle business and legal matters. Also review the methods for sending and receiving notice to be sure they include methods you will use. Many clauses have not been updated to include electronic communication tools. |
Last updated: May 6, 2012