Notices Clause Example with 46 Variations from Business Contracts
This page contains Notices clauses in business contracts and legal agreements. An example clause is provided at the top of the page, followed by clauses with minor variations. You can view the text differences by selecting the "Show Differences" option.
Notices. All notices, requests and demands to or upon the Senior Lender or the Debtors or the Subordinated Lender to be effective shall be in writing (except as expressly provided herein) at their respective addresses set forth below or at such other address as may hereafter be specified in a notice designated as a notice of change of address under this Section 17. Any notice or request required to be given hereunder shall be given by (a) hand delivery, (b) overnight courier, (c) registered or certified ...mail, return receipt requested, or (d) facsimile to the number set out below (or 10 such other number as may hereafter be specified in a notice designated as a notice of change of address) with electronic confirmation of its receipt. Any notice or request required to be given hereunder shall be deemed given on the earlier of (i) actual receipt thereof, and (ii) (A) one (1) business day following posting thereof by a recognized overnight courier, (B) three (3) days following posting thereof by registered or certified mail, return receipt requested, or (C) upon the sending thereof when sent by facsimile with electronic confirmation of its receipt, in each case addressed to each party at its address set forth below or at such other address as has been furnished in writing by a party to the other by like notice: If to the Senior Lender: Renewable Power Sources, LLC 445 Park Avenue, 9th Floor New York, N.Y. 10022 Facsimile:_________________ Attention: Mr. Reid Krakower If to the Subordinated Lender: Hanover Holdings I, LLC ________________________________ ________________________________ ________________________________ ________________________________ Facsimile:________________________ Attention: Mr. Joshua Sason If to the Debtors: Xzeres Energy Services Corp. 9025 SW Hillman Ct., Suite 3126 Wilsonville, Oregon 97070 Facsimile:________________________ Attention: Mr. Frank Greco The Senior Lender, the Debtors and the Subordinated Lender may change their respective addresses and transmission numbers for notices by notice in the manner provided in this Section.View More
Variations of a "Notices" Clause from Business Contracts
Notices. All notices, requests and demands to Any notice or upon the Senior Lender demand which must or the Debtors may be given under this Agreement or the Subordinated Lender to be effective by law shall be in writing (except as expressly provided herein) at their respective addresses and shall be deemed to have been given when: (i) delivered by nationally recognized overnight courier, (ii) received by facsimile with both telephonic confirmation and a confirmation copy delivered by another method set f...orth below or at such other address as may hereafter be specified in a notice designated as a notice of change of address under this Section 17. Any notice or request required to be given hereunder shall be given by (a) hand delivery, (b) overnight courier, (c) registered or certified (iii) two (2) business days after being deposited in the United States mail, certified, return receipt requested, or (d) facsimile full postage prepaid, addressed to the number set out below (or 10 such other number respective parties at the following addresses: IF TO SELLER: c/o Cornerstone Core Properties REIT, Inc. Attention: Dominic J. Petrucci 1920 Main St., Suite 400 Irvine, CA 92614 Telephone: (949) 795-9999 Facsimile: (949) 250-0592 WITH COPIES TO: c/o Cornerstone Core Properties REIT, Inc. Attention: Tim C. Collins 1920 Main St., Suite 400 Irvine, CA 92614 Telephone: (714) 343-4485 Facsimile: (949) 250-0592 IF TO BUYER: Rio Hondo Capital Partners, LLC Attention: Dann Thomasson ________________________ ________________________ Telephone: (___) ____-_____ Facsimile: WITH COPIES TO: James C. Godey, Esquire 4410 Greenway Baltimore, Maryland 21218 Telephone: (443) 223-3394 Facsimile: (301) 994-2253 IF TO ESCROW AGENT: Shumaker, Loop & Kendrick, LLP Attn: W. Kent Ihrig and Gregory R. Haney 101 East Kennedy Boulevard Suite 2800 Tampa, Florida 33602 Telephone: (813) 229-7600 Facsimile: (813) 229-1660 The foregoing addresses may be changed by the giving at least five (5) days written notice as may hereafter be specified provided in a this section. For the purposes of this Agreement, notice designated as a notice given to or by an attorney for any of change of address) with electronic confirmation of its receipt. Any notice or request required to be given hereunder the parties hereto shall be deemed given on the earlier of (i) actual receipt thereof, and (ii) (A) one (1) business day following posting thereof by a recognized overnight courier, (B) three (3) days following posting thereof by registered or certified mail, return receipt requested, or (C) upon the sending thereof when sent by facsimile with electronic confirmation of its receipt, in each case addressed to each party at its address set forth below or at such other address as has been furnished in writing by a party notice to the other by like notice: If to the Senior Lender: Renewable Power Sources, LLC 445 Park Avenue, 9th Floor New York, N.Y. 10022 Facsimile:_________________ Attention: Mr. Reid Krakower If to the Subordinated Lender: Hanover Holdings I, LLC ________________________________ ________________________________ ________________________________ ________________________________ Facsimile:________________________ Attention: Mr. Joshua Sason If to the Debtors: Xzeres Energy Services Corp. 9025 SW Hillman Ct., Suite 3126 Wilsonville, Oregon 97070 Facsimile:________________________ Attention: Mr. Frank Greco The Senior Lender, the Debtors and the Subordinated Lender may change their respective addresses and transmission numbers for notices by notice party whom said attorney represents in the manner provided in connection with this Section. transaction. View More
Notices. All notices, requests and demands to or upon the Senior Lender or the Debtors or the Subordinated Lender to be effective shall be in writing (except as expressly provided herein) at their respective addresses set forth below or at such other address as may hereafter be specified in a notice designated as a notice of change of address under this Section 17. Any notice or request required to be given hereunder Notice shall be given by (a) hand delivery, (b) overnight courier, (c) registered or cer...tified mail, return receipt requested, or (d) facsimile the date of notice being deemed the date of postmarking. Notice, unless either party has notified the other of an alternative address as provided hereunder, shall be sent to the number address as set out below (or 10 such other number as may hereafter be specified in a notice designated as a notice of change of address) with electronic confirmation of its receipt. Any notice forth herein: Seller: William Tay, President and Director Hyperion Acquisition Corp. 2000 Hamilton Street, #943 Philadelphia, PA 19130 FAX: (215) 405-8018 Email: william.tay@hotmail.com or request required to be given hereunder wtay@56k.net Purchaser: Mai T T Em 37 Ton Duc Thang Street Room 905 Dist 1, Hochiminh City, Vietnam ___________________________________________ 7. GOVERNING LAW. This Agreement shall be deemed given on interpreted and governed in accordance with the earlier laws of (i) actual receipt the State of Delaware. The parties herein waive trial by jury. In the event that litigation results or arise out of this Agreement or the performance thereof, and (ii) (A) one (1) business day following posting thereof by a recognized overnight courier, (B) three (3) days following posting thereof by registered or certified mail, return receipt requested, or (C) upon the sending thereof when sent by facsimile with electronic confirmation parties agree that the prevailing party is entitled to reimbursement for the non-prevailing party of its receipt, reasonable attorney's fee, costs, expenses, in each case addressed addition to each any other relief to which the prevailing party at its address set forth below or at such other address as has been furnished in writing by a party to the other by like notice: If to the Senior Lender: Renewable Power Sources, LLC 445 Park Avenue, 9th Floor New York, N.Y. 10022 Facsimile:_________________ Attention: Mr. Reid Krakower If to the Subordinated Lender: Hanover Holdings I, LLC ________________________________ ________________________________ ________________________________ ________________________________ Facsimile:________________________ Attention: Mr. Joshua Sason If to the Debtors: Xzeres Energy Services Corp. 9025 SW Hillman Ct., Suite 3126 Wilsonville, Oregon 97070 Facsimile:________________________ Attention: Mr. Frank Greco The Senior Lender, the Debtors and the Subordinated Lender may change their respective addresses and transmission numbers for notices by notice in the manner provided in this Section. be entitled. View More
Notices. All notices, requests demands, requests, consents, approvals, and demands to other communications required or upon the Senior Lender or the Debtors or the Subordinated Lender to be effective permitted hereunder shall be in writing (except and, unless otherwise specified herein, shall be (i) personally served, (ii) deposited in the mail, registered or certified, return receipt requested, postage prepaid, (iii) delivered by reputable air courier service with charges prepaid, or (iv) transmitted by... hand delivery, telegram, or facsimile, addressed as expressly provided herein) at their respective addresses set forth below or at to such other address as may hereafter be such party shall have specified in a notice designated as a notice of change of address under this Section 17. most recently by written notice. Any notice or request other communication required to be given hereunder shall be given by (a) hand delivery, (b) overnight courier, (c) registered or certified mail, return receipt requested, or (d) facsimile to the number set out below (or 10 such other number as may hereafter be specified in a notice designated as a notice of change of address) with electronic confirmation of its receipt. Any notice or request required permitted to be given hereunder shall be deemed given effective (a) upon hand delivery or delivery by facsimile, with accurate confirmation generated by the transmitting facsimile machine, at the address or number designated below (if delivered on a business day during normal business hours where such notice is to be received), or the earlier of (i) actual receipt thereof, and (ii) (A) one (1) first business day following posting such delivery (if delivered other than on a business day during normal business hours where such notice is to be received) or (b) on the second business day following the date of mailing by express courier service, fully prepaid, addressed to such address, or upon actual receipt of such mailing, whichever shall first occur. The addresses for such communications shall be: If to the Company, to: Car Charging Group, Inc. 1691 Michigan Avenue, Suite 601, Miami Beach, Florida 33139 Facsimile: (305) 521-0201 If to the Holder: The Farkas Group, Inc. _____________________________________________ Facsimile: _____________________________________________ 13. Law Governing This Warrant. This Warrant shall be governed by and construed in accordance with the laws of the State of Florida without regard to principles of conflicts of laws. Any action brought by either party against the other concerning the transactions contemplated by this Warrant shall be brought only in the state courts of Florida or in the federal courts located in the state and county of Florida. The parties to this Warrant hereby irrevocably waive any objection to jurisdiction and venue of any action instituted hereunder and shall not assert any defense based on lack of jurisdiction or venue or based upon forum non conveniens. THE PARTIES TO THIS AGREEMENT HEREBY IRREVOCABLY WAIVE ALL RIGHT TO TRIAL BY JURY IN ANY ACTION, PROCEEDING OR COUNTERCLAIM ARISING OUT OF OR RELATING TO THIS WARRANT, ANY OTHER AGREEMENT OR INSTRUMENT DELIVERED IN CONNECTION HEREWITH OR THE TRANSACTIONS CONTEMPLATED HEREBY OR THEREBY. The prevailing party shall be entitled to recover from the other party its reasonable attorney's fees and costs. In the event that any provision of this Warrant or any other agreement delivered in connection herewith is invalid or unenforceable under any applicable statute or rule of law, then such provision shall be deemed inoperative to the extent that it may conflict therewith and shall be deemed modified to conform with such statute or rule of law. Any such provision which may prove invalid or unenforceable under any law shall not affect the validity or enforceability of any other provision of any agreement. Each party hereby irrevocably waives personal service of process and consents to process being served in any suit, action or proceeding in connection with this Warrant by mailing a copy thereof by a recognized overnight courier, (B) three (3) days following posting thereof by via registered or certified mail, return receipt requested, mail or (C) upon the sending thereof when sent by facsimile with electronic confirmation overnight delivery (with evidence of its receipt, in each case addressed delivery) to each such party at its the address set forth below or at such other address as has been furnished in writing by a party to the other by like notice: If to the Senior Lender: Renewable Power Sources, LLC 445 Park Avenue, 9th Floor New York, N.Y. 10022 Facsimile:_________________ Attention: Mr. Reid Krakower If to the Subordinated Lender: Hanover Holdings I, LLC ________________________________ ________________________________ ________________________________ ________________________________ Facsimile:________________________ Attention: Mr. Joshua Sason If to the Debtors: Xzeres Energy Services Corp. 9025 SW Hillman Ct., Suite 3126 Wilsonville, Oregon 97070 Facsimile:________________________ Attention: Mr. Frank Greco The Senior Lender, the Debtors and the Subordinated Lender may change their respective addresses and transmission numbers effect for notices to it under this Warrant and agrees that such service shall constitute good and sufficient service of process and notice thereof. Nothing contained herein shall be deemed to limit in any way any right to serve process in any other manner permitted by notice in the manner provided in this Section. law. View More
Notices. All Any notices, requests and demands to demand, offer, request or upon the Senior Lender other communication required or the Debtors or the Subordinated Lender permitted to be effective given by either the Company or a Holder (collectively, a "Notice") pursuant to the terms of this Warrant, if delivered to the Holder, shall be in writing (except as expressly provided herein) at their respective addresses set forth below sent to the following address: _______________________________; or at such ...other addresses provided to the Company or such other address as a party may hereafter be specified request by notifying the other in a notice designated as a notice of change of address under this Section 17. writing. Any notice or request required to be given hereunder Notice shall be given by (a) hand delivery, (b) overnight courier, (c) registered or certified mail, return receipt requested, or (d) facsimile to the number set out below (or 10 delivered in writing. Any such other number as may hereafter be specified in a notice designated as a notice of change of address) with electronic confirmation of its receipt. Any notice or request required to be given hereunder Notice shall be deemed effectively given on the earlier of (i) actual receipt thereof, and when received, (ii) (A) when delivered personally, (iii) one (1) business day following posting thereof by a recognized overnight courier, (B) three (3) days following posting thereof by registered or certified mail, return receipt requested, or (C) upon the sending thereof when sent after being delivered by facsimile (with receipt of appropriate confirmation), (iv) one (1) business day after being deposited with electronic confirmation of its receipt, in each case addressed to each party at its address set forth below or at such other address as has been furnished in writing by a party to the other by like notice: If to the Senior Lender: Renewable Power Sources, LLC 445 Park Avenue, 9th Floor New York, N.Y. 10022 Facsimile:_________________ Attention: Mr. Reid Krakower If to the Subordinated Lender: Hanover Holdings I, LLC ________________________________ ________________________________ ________________________________ ________________________________ Facsimile:________________________ Attention: Mr. Joshua Sason If to the Debtors: Xzeres Energy Services Corp. 9025 SW Hillman Ct., Suite 3126 Wilsonville, Oregon 97070 Facsimile:________________________ Attention: Mr. Frank Greco The Senior Lender, the Debtors an overnight courier service and the Subordinated Lender may change their respective addresses and transmission numbers for notices by notice (v) four (4) days after being deposited in the manner provided in this Section. U.S. mail, First Class with postage prepaid. View More
Notices. All notices, requests notices and demands to or upon the Senior Lender or the Debtors or the Subordinated Lender to be effective other communications under this Agreement shall be in writing (except as expressly provided herein) and mailed, telecopied (in case of notice to Employer only) or delivered by hand or by a nationally recognized courier service guaranteeing overnight delivery to a party at their respective addresses set forth below or at the following address (or to such other address a...s such party may hereafter be have specified in a by notice designated as a notice of change of address under this Section 17. Any notice or request required to be given hereunder shall be given by (a) hand delivery, (b) overnight courier, (c) registered or certified mail, return receipt requested, or (d) facsimile to the number set out below (or 10 such other number as may hereafter be specified in a notice designated as a notice of change of address) with electronic confirmation of its receipt. Any notice or request required to be given hereunder shall be deemed given on the earlier of (i) actual receipt thereof, and (ii) (A) one (1) business day following posting thereof by a recognized overnight courier, (B) three (3) days following posting thereof by registered or certified mail, return receipt requested, or (C) upon the sending thereof when sent by facsimile with electronic confirmation of its receipt, in each case addressed to each party at its address set forth below or at such other address as has been furnished in writing by a party to the other by like notice: party pursuant to this provision): If to the Senior Lender: Renewable Power Sources, LLC 445 Park Avenue, 9th Floor New York, N.Y. 10022 Facsimile:_________________ Employer: CytRx Corporation 11726 San Vicente Boulevard, Suite 650 Los Angeles, California 90049 Facsimile: (310) 826-5529 Attention: Mr. Reid Krakower Chief Executive Officer If to Employee: Daniel Levitt, M.D., Ph.D. __________________ __________________ 16. Survival. Sections 4, 5.2, 5.3, 5.4, 6.2, 6.3, 7 through 16, 18 and 20 shall survive the Subordinated Lender: Hanover Holdings I, LLC ________________________________ ________________________________ ________________________________ ________________________________ Facsimile:________________________ Attention: Mr. Joshua Sason If to the Debtors: Xzeres Energy Services Corp. 9025 SW Hillman Ct., Suite 3126 Wilsonville, Oregon 97070 Facsimile:________________________ Attention: Mr. Frank Greco The Senior Lender, the Debtors and the Subordinated Lender may change their respective addresses and transmission numbers for notices by notice in the manner provided in expiration or termination of this Section. Agreement. View More
Notices. All notices, requests and demands to or upon the Senior Lender or the Debtors or the Subordinated Lender to be effective shall be in writing (except as expressly provided herein) at their respective addresses set forth below or at such other address as may hereafter be specified in a notice designated as a notice of change of address under this Section 17. Any notice or request required to be given hereunder shall be given by (a) hand delivery, (b) overnight courier, (c) registered or certified ...mail, return receipt requested, or (d) facsimile to the number set out below (or 10 such other number as may hereafter be specified in a notice designated as a notice of change of address) with electronic confirmation of its receipt. Any notice or request required to be given hereunder under this Agreement shall be deemed given on the earlier of (i) actual sufficient if addressed in writing and delivered personally, by telefax with receipt thereof, and (ii) (A) one (1) business day following posting thereof by a recognized overnight courier, (B) three (3) days following posting thereof acknowledged, or by registered or certified mail, return receipt requested, or (C) upon the sending thereof when sent by facsimile with electronic confirmation of its receipt, in each case addressed to each party at its address set forth below or at such other address as has been furnished in writing by a party U.S. mail to the following: For the Company: Chief Executive Officer Charles & Colvard, Ltd. 300 Perimeter Park Drive, Suite A Morrisville, North Carolina 27560 Fax: (919) 468-0486 For Employee: Steve Larkin _________________________ _________________________ 17. Severability. In the event that any provision of any paragraph of this Agreement shall be deemed to be invalid or unenforceable for any reason whatsoever, it is agreed such invalidity or unenforceability shall not affect any other by like notice: If provision of such paragraph or of this Agreement, and the remaining terms, covenants, restrictions or provisions in such paragraph and in this Agreement shall remain in full force and effect and any court of competent jurisdiction may so modify the objectionable provision as to make it valid, reasonable, and enforceable. In the event that a court determines that the length of time, the geographic area, or the activities prohibited under this Agreement are too restrictive to be enforceable, the court may reduce the scope of the restriction to the Senior Lender: Renewable Power Sources, LLC 445 Park Avenue, 9th Floor New York, N.Y. 10022 Facsimile:_________________ Attention: Mr. Reid Krakower If extent necessary to make the Subordinated Lender: Hanover Holdings I, LLC ________________________________ ________________________________ ________________________________ ________________________________ Facsimile:________________________ Attention: Mr. Joshua Sason If to the Debtors: Xzeres Energy Services Corp. 9025 SW Hillman Ct., Suite 3126 Wilsonville, Oregon 97070 Facsimile:________________________ Attention: Mr. Frank Greco The Senior Lender, the Debtors and the Subordinated Lender may change their respective addresses and transmission numbers for notices by notice in the manner provided in this Section. restriction enforceable. View More
Notices. All notices, requests and demands to or upon the Senior Lender or the Debtors or the Subordinated Lender to be effective shall be in writing (except as expressly provided herein) at their respective addresses set forth below or at such other address as may hereafter be specified in a notice designated as a notice of change of address under this Section 17. Any notice or request required to be given called for hereunder shall be deemed properly given if (i) sent by (a) hand delivery, (b) overnigh...t courier, (c) registered or certified mail, return receipt requested, (ii) personally delivered, (iii) dispatched by any form of private or (d) facsimile governmental express mail or delivery service providing receipted delivery, (iv) sent by telefacsimile or (v) sent by e-mail, to the number set out below (or 10 following addresses or to such other number address as either party may hereafter be specified designate by notice in a notice designated as a notice of change of address) accordance with electronic confirmation of its receipt. Any notice or request required this Section: 3 If to be given hereunder shall be Maker: Mojo Organics, Inc. 101 Hudson Street, 21st Floor Jersey City, New Jersey 07302 Attn. : Chief Executive Officer If to Payee: ____________________ ____________________ Notice is deemed given on the earlier of (i) actual receipt thereof, and by the receiving party, (ii) (A) one (1) business day the date shown on a telefacsimile transmission confirmation, (iii) the date on which an e-mail transmission was received by the receiving party's on-line access provider (iv) the date reflected on a signed delivery receipt, or (vi) two (2) Business Days following posting thereof tender of delivery or dispatch by a recognized overnight courier, (B) three (3) days following posting thereof by registered express mail or certified mail, return receipt requested, or (C) upon the sending thereof when sent by facsimile with electronic confirmation of its receipt, in each case addressed to each party at its address set forth below or at such other address as has been furnished in writing by a party to the other by like notice: If to the Senior Lender: Renewable Power Sources, LLC 445 Park Avenue, 9th Floor New York, N.Y. 10022 Facsimile:_________________ Attention: Mr. Reid Krakower If to the Subordinated Lender: Hanover Holdings I, LLC ________________________________ ________________________________ ________________________________ ________________________________ Facsimile:________________________ Attention: Mr. Joshua Sason If to the Debtors: Xzeres Energy Services Corp. 9025 SW Hillman Ct., Suite 3126 Wilsonville, Oregon 97070 Facsimile:________________________ Attention: Mr. Frank Greco The Senior Lender, the Debtors and the Subordinated Lender may change their respective addresses and transmission numbers for notices by notice in the manner provided in this Section. delivery service. View More
Notices. All notices, requests and demands Any notice or communication to or upon the Senior Lender or Company concerning the Debtors or the Subordinated Lender to be effective shall Performance Stock Units must be in writing (except as expressly provided herein) at their respective addresses set forth below and delivered in person, or at such other address as may hereafter be specified in a notice designated as a notice of change of address under this Section 17. Any notice or request required to be giv...en hereunder shall be given by (a) hand delivery, (b) overnight courier, (c) registered or certified U.S. mail, return receipt requested, or (d) facsimile to the number set out below following address (or 10 such other number as may hereafter be another address specified in a notice designated as a notice of change of address) with electronic confirmation of its receipt. Any notice or request required by the Company): Bed Bath & Beyond Inc., Finance Department – Stock Administration, 650 Liberty Avenue, Union, New Jersey 07083. BED BATH & BEYOND INC. By: An Authorized Officer Recipient (You) _________________________ 2 The "Peer Group Average" applicable to be given hereunder shall be deemed given the One-Year Goal and the Three-Year Goals is based on the earlier peer group of (i) actual receipt thereof, and (ii) (A) one (1) business day following posting thereof companies selected by a recognized overnight courier, (B) three (3) days following posting thereof by registered or certified mail, return receipt requested, or (C) upon the sending thereof when sent by facsimile with electronic confirmation of its receipt, in each case addressed to each party at its address set forth below or at such other address as has been furnished in writing by a party Committee prior to the other by like notice: If Grant Date and separately communicated to the Senior Lender: Renewable Power Sources, LLC 445 Park Avenue, 9th Floor New York, N.Y. 10022 Facsimile:_________________ Attention: Mr. Reid Krakower If to the Subordinated Lender: Hanover Holdings I, LLC ________________________________ ________________________________ ________________________________ ________________________________ Facsimile:________________________ Attention: Mr. Joshua Sason If to the Debtors: Xzeres Energy Services Corp. 9025 SW Hillman Ct., Suite 3126 Wilsonville, Oregon 97070 Facsimile:________________________ Attention: Mr. Frank Greco The Senior Lender, the Debtors you. EX-10.1 2 exh_101.htm EXHIBIT 10.1 Exhibit 10.1 This PERFORMANCE STOCK UNIT AGREEMENT is entered into as of ____________, 20__ (the "Grant Date"), between BED BATH & BEYOND INC. (the "Company") and the Subordinated Lender may change their respective addresses and transmission numbers for notices by notice in the manner provided in this Section. ____________________ ("you"). View More
Notices. All notices, requests For the purpose of this Agreement, notices and demands to or upon the Senior Lender or the Debtors or the Subordinated Lender to be effective all other communications provided for in this Agreement shall be in writing (except as expressly provided herein) at their and shall be deemed to have been duly given when delivered or mailed by United States registered mail, return receipt requested, postage prepaid, addressed to the respective addresses set forth below below, or at...to such other address as either party may hereafter be specified have furnished to the other in a notice designated as a writing in accordance herewith, except that notice of change of address under shall be effective only upon actual receipt: To the Company: USA Truck, Inc. 3201 Industrial Park Road Van Buren, Arkansas 72956 Attention: Chairman of the Board To the Executive: Werner Hugo _________________________ _________________________ 12. Miscellaneous. No provision of this Section 17. Any notice Agreement may be modified, waived, or request required discharged unless such waiver, modification, or discharge is agreed to in writing and signed by the Executive and an officer of the Company specifically designated by the Board. No waiver by either party hereto at any time of any breach by the other party hereto of, or compliance with, any condition or provision of this Agreement to be given hereunder shall be given performed by (a) hand delivery, (b) overnight courier, (c) registered or certified mail, return receipt requested, or (d) facsimile to the number set out below (or 10 such other number as may hereafter be specified in a notice designated as a notice of change of address) with electronic confirmation of its receipt. Any notice or request required to be given hereunder party shall be deemed given on a waiver of similar or dissimilar provisions or conditions at the earlier of (i) actual receipt thereof, and (ii) (A) one (1) business day following posting thereof same or at any prior or subsequent time. No agreements or representations, oral or otherwise, express or implied, with respect to the subject matter hereof have been made by a recognized overnight courier, (B) three (3) days following posting thereof by registered or certified mail, return receipt requested, or (C) upon the sending thereof when sent by facsimile with electronic confirmation of its receipt, in each case addressed to each either party at its address which are not expressly set forth below or at such other address as has been furnished in writing by a party to the other by like notice: If to the Senior Lender: Renewable Power Sources, LLC 445 Park Avenue, 9th Floor New York, N.Y. 10022 Facsimile:_________________ Attention: Mr. Reid Krakower If to the Subordinated Lender: Hanover Holdings I, LLC ________________________________ ________________________________ ________________________________ ________________________________ Facsimile:________________________ Attention: Mr. Joshua Sason If to the Debtors: Xzeres Energy Services Corp. 9025 SW Hillman Ct., Suite 3126 Wilsonville, Oregon 97070 Facsimile:________________________ Attention: Mr. Frank Greco The Senior Lender, the Debtors and the Subordinated Lender may change their respective addresses and transmission numbers for notices by notice in the manner provided in this Section. Agreement. All references to sections of the Code shall be deemed also to refer to any successor provisions to such sections. View More
Notices. All notices, requests and demands Any notice, request, or other communication required or permitted pursuant to or upon the Senior Lender or the Debtors or the Subordinated Lender to be effective this Agreement shall be in writing (except and shall be deemed duly given when received by the party to whom it shall be given or three days after being mailed by certified, registered, or express mail, postage prepaid, addressed as expressly provided herein) at their respective addresses set forth belo...w follows: If to Company: Attn: Anthony C. Schnur, Chief Executive Officer 3550 Timmons Lane, Ste. 1550, Houston, Texas 77027 If to Executive: Mr. William Dale __________________ __________________ or at to such other address as either party may hereafter be specified have furnished to the other in a notice designated as a notice writing in accordance herewith, except that notices of change of address under this Section 17. Any notice or request required to be given hereunder shall be given by (a) hand delivery, (b) overnight courier, (c) registered effective only upon receipt. Lucas Energy, Inc. William Dale - Employment Agreement 17. Headings. The headings of Sections are included solely for convenience of reference and shall not control the meaning or certified mail, return receipt requested, or (d) facsimile to interpretation of any of the number set out below (or 10 such other number as may hereafter be specified in a notice designated as a notice provisions of change of address) with electronic confirmation of its receipt. Any notice or request required to be given hereunder shall be deemed given on the earlier of (i) actual receipt thereof, and (ii) (A) one (1) business day following posting thereof by a recognized overnight courier, (B) three (3) days following posting thereof by registered or certified mail, return receipt requested, or (C) upon the sending thereof when sent by facsimile with electronic confirmation of its receipt, in each case addressed to each party at its address set forth below or at such other address as has been furnished in writing by a party to the other by like notice: If to the Senior Lender: Renewable Power Sources, LLC 445 Park Avenue, 9th Floor New York, N.Y. 10022 Facsimile:_________________ Attention: Mr. Reid Krakower If to the Subordinated Lender: Hanover Holdings I, LLC ________________________________ ________________________________ ________________________________ ________________________________ Facsimile:________________________ Attention: Mr. Joshua Sason If to the Debtors: Xzeres Energy Services Corp. 9025 SW Hillman Ct., Suite 3126 Wilsonville, Oregon 97070 Facsimile:________________________ Attention: Mr. Frank Greco The Senior Lender, the Debtors and the Subordinated Lender may change their respective addresses and transmission numbers for notices by notice in the manner provided in this Section. Agreement. View More
