Notices Contract Clauses (104,236)

Notices. (a) General. All notices and other communications required or permitted hereunder shall be in writing, shall be effective when given, and shall in any event be deemed to be given upon receipt or, if earlier, (a) five (5) days after deposit with the U.S. Postal Service or other applicable postal service, if delivered by first class mail, postage prepaid, (b) upon delivery, if delivered by hand, (c) one (1) business day after the business day of deposit with Federal Express or similar overnight... courier, freight prepaid or (d) one (1) business day after the business day of facsimile transmission, if delivered by facsimile transmission with copy by first class mail, postage prepaid, and shall be addressed (i) if to Employee, at his or her last known residential address and (ii) if to the Company, at the address of its principal corporate offices (attention: Secretary), or in any such case at such other address as a party may designate by ten (10) days' advance written notice to the other party pursuant to the provisions above. (b) Notice of Termination. Any termination by the Company for Cause or by the Employee for Good Reason or Disability or as a result of a voluntary resignation shall be communicated by a notice of termination to the other party hereto given in accordance with Section 8(a) of this Agreement. Such notice shall indicate the specific termination provision in this 7 Agreement relied upon, shall set forth in reasonable detail the facts and circumstances claimed to provide a basis for termination under the provision so indicated, and shall specify the termination date (which shall be not more than thirty (30) days after the giving of such notice). The failure by the Employee to include in the notice any fact or circumstance which contributes to a showing of Good Reason or Disability shall not waive any right of the Employee hereunder or preclude the Employee from asserting such fact or circumstance in enforcing his or her rights hereunder. View More

Notices. All notices or other communications required or permitted to be given by any party to any other party pursuant to the terms of this Agreement shall be in writing, unless otherwise specified, and if sent to the Sales Agent, shall be delivered to: A.G.P./Alliance Global Partners 590 Madison Avenue New York, NY 10022 Attention: Tom Higgins Email: atm@allianceg.com with a copy (which shall not constitute notice) to: Bevilacqua PLLC 1050 Connecticut Avenue, NW, Suite 500 Washington, DC 20036... Attention: Louis A. Bevilacqua Telephone: (202) 869-0888 Email: lou@bevilacquapllc.com and if to the Company, shall be delivered to: Barnwell Industries, Inc. 1100 Alakea Street, Suite 2900 Honolulu, HI 96813 Attention: Alexander C. Kinzler Chief Executive Officer Email: akinzler@brninc.com with a copy (which shall not constitute notice) to: Stroock & Stroock & Lavan LLP 180 Maiden Lane New York, New York 10038 Attention: Christopher Doyle Telephone: (212) 806-5641 Email: cdoyle@stroock.com 25 Each party may change such address for notices by sending to the other party to this Agreement written notice of a new address for such purpose. Each such notice or other communication shall be deemed given (i) when delivered personally or by verifiable electronic transmission (with an original to follow) on or before 4:30 p.m., New York City time, on a Business Day or, if such day is not a Business Day, on the next succeeding Business Day, (ii) on the next Business Day after timely delivery to a nationally-recognized overnight courier and (iii) on the Business Day actually received if deposited in the U.S. mail (certified or registered mail, return receipt requested, postage prepaid). For purposes of this Agreement, "Business Day" shall mean any day on which the Exchange and commercial banks in the City of New York are open for business. An electronic communication ("Electronic Notice") shall be deemed written notice for purposes of this Section 12 if sent to the electronic mail address specified by the receiving party under separate cover. Electronic Notice shall be deemed received at the time the party sending Electronic Notice receives confirmation of receipt by the receiving party (other than pursuant to auto-reply). Any party receiving Electronic Notice may request and shall be entitled to receive the notice on paper, in a nonelectronic form ("Nonelectronic Notice") which shall be sent to the requesting party within ten (10) days of receipt of the written request for Nonelectronic Notice. View More

Notices. All notices or other communications required or permitted to be given by any party to any other party pursuant to the terms of this Agreement shall be in writing, unless otherwise specified, and if sent to the Sales Agent, shall be delivered to: A.G.P./Alliance Global Partners 590 Madison Avenue New York, NY 10022 Attention: Tom Higgins Email: atm@allianceg.com with a copy (which shall not constitute notice) to: McGuireWoods LLP 1251 Avenue of the Americas, 20th Floor New York, New York 10020... Attention: Stephen E. Older, Esq. and David S. Wolpa, Esq. Facsimile: (212) 715-2307 and (704) 444-8720 Email: solder@mcguirewoods.com and dwolpa@mcguirewoods.com and if to the Company, shall be delivered to: ProPhase Labs, Inc. 621 N. Shady Retreat Road Doylestown, PA Attention: Ted Karkus, CEO Facsimile: (215) 345-5920 Email: with a copy (which shall not constitute notice) to: Reed Smith, LLP 599 Lexington Avenue, 22nd Floor New York, New York 10022 Attention: Herbert F. Kozlov, Esq. and Wendy Grasso, Esq. Facsimile: (212) 521-5450 Email: hkozlov@reedsmith.com and wgrasso@reedsmith.com 32 Each party may change such address for notices by sending to the other party to this Agreement written notice of a new address for such purpose. Each such notice or other communication shall be deemed given (i) when delivered personally or by verifiable facsimile transmission (with an original to follow) on or before 4:30 p.m., New York City time, on a Business Day or, if such day is not a Business Day, on the next succeeding Business Day, (ii) on the next Business Day after timely delivery to a nationally-recognized overnight courier and (iii) on the Business Day actually received if deposited in the U.S. mail (certified or registered mail, return receipt requested, postage prepaid). For purposes of this Agreement, "Business Day" shall mean any day on which the Exchange and commercial banks in the City of New York are open for business. An electronic communication ("Electronic Notice") shall be deemed written notice for purposes of this Section 12 if sent to the electronic mail address specified by the receiving party under separate cover. Electronic Notice shall be deemed received at the time the party sending Electronic Notice receives confirmation of receipt by the receiving party (other than pursuant to auto-reply). Any party receiving Electronic Notice may request and shall be entitled to receive the notice on paper, in a nonelectronic form ("Nonelectronic Notice") which shall be sent to the requesting party within ten (10) days of receipt of the written request for Nonelectronic Notice. View More

Notices. Any notice, demand or request required or permitted to be given under this Grant Agreement shall be in writing and shall be deemed sufficient when delivered personally or by overnight courier or sent by email or fax, or forty-eight (48) hours after being deposited in the U.S. mail or a comparable foreign mail service, as certified or registered mail with postage or shipping charges prepaid, addressed to the party to be notified at such party's address as set forth on the signature page, as... subsequently modified by written notice, or if no address is specified on the signature page, at the most recent address, email or fax number set forth in the Company's books and records. View More

Notices. All notices, requests, demands and other communications under this Agreement shall be in writing and shall be deemed to have been duly given (i) if delivered by hand and receipted for by the party to whom said notice or other communication shall have been directed, (ii) mailed by certified or registered mail with postage prepaid, on the third (3rd) business day after the date on which it is so mailed, or (iii) sent by facsimile transmission, without receipt of confirmation that such... transmission has been received: (a) If to the "Client", to: 2 Alpenstraße 42/2 89075 Ulm, Germany Attn: Christopher Balmann (b) If to the Consultant, to: North District Sunshine Home Unit 2, Floor 6, Ste. #201 Manzhouli City, Inner Mongolia, China 021400 Attn: Longjiang Li or to any other address or number as may have been furnished to the other party in writing. View More

Notices. All notices, requests, demands and other communications hereunder shall be in writing, with copies to all the other parties hereto, and shall be deemed to have been duly given when (i) if delivered by hand, upon receipt, (ii) if sent by facsimile, upon receipt of proof of sending thereof, (iii) if sent by nationally recognized overnight delivery service (receipt requested), the next business day or (iv) if mailed by first-class registered or certified mail, return receipt requested, postage... prepaid, four days after posting in the U.S. mails, in each case if delivered to the following addresses: If to Obligor: Salon Media Group, Inc. 870 Market Street San Francisco, CA 94102 Attention: Jordan Hoffner If to Secured Parties: At the address set forth opposite their name on the signature page 15. Other Security. To the extent that the Obligations are now or hereafter secured by property other than the Collateral or by the guarantee, endorsement or property of any other person, firm, corporation or other entity, then the Secured Parties shall have the right, in its sole discretion, to pursue, relinquish, subordinate, modify or take any other action with respect thereto, without in any way modifying or affecting any of the Secured Parties' rights and remedies hereunder. View More

Notices. All notices, consents, requests, approvals, demands, or other communication by any party to this Agreement or any other Loan Document must be in writing and shall be deemed to have been validly served, given, or delivered: (a) upon the earlier of actual receipt and three (3) Business Days after deposit in the U.S. mail, first class, registered or certified mail return receipt requested, with proper postage prepaid; (b) upon transmission, when sent by facsimile transmission; (c) one (1) Business... Day after deposit with a reputable overnight courier with all charges prepaid; or (d) when delivered, if hand-delivered by messenger, all of which shall be addressed to the party to be notified and sent to the address, facsimile number, or email address indicated below. Bank or Borrower may change its mailing or facsimile number by giving the other party written notice thereof in accordance with the terms of this Section 10. Advance requests may be made in the manner specified in Section 2.1(a)(ii). If to Borrower: EverQuote, Inc. 210 Broadway, Suite 302 Cambridge, MA 02139 Attn: John B. Wagner, CFO If to Bank: Western Alliance Bank 55 Almaden Blvd. San Jose, CA 95113 Attn: Note Department and Western Alliance Bank 28 State Street, Suite 2301 Boston, MA 02109 Attn: Darren Gastrock 24 The parties hereto may change the address at which they are to receive notices hereunder, by notice in writing in the foregoing manner given to the other. View More

Notices. Any notice to be given under the terms of this Agreement to the Company will be addressed to the Secretary of the Company at AMCON Distributing Company, 7405 Irvington Road, Omaha, Nebraska 68122, and any notice to be given to Optionee will be addressed to him or her at the address given beneath his or her signature hereto. By a notice given pursuant to this Section 8, either party may hereafter designate a different address for notices to be given to him or her. Any notice which is required to... be given to Optionee will, if Optionee is then deceased, be given to Optionee's personal representative if such representative has previously informed the Company of his or her status and address by written notice under this Section 8. Any notice will be deemed duly given when enclosed in a properly sealed envelope or wrapper addressed as aforesaid, deposited (with postage prepaid) in a post office or branch post office regularly maintained by the United States Postal Service. View More

Notices. All notices and other communications given or made pursuant hereto will be in writing and will be deemed effectively given: (a) upon personal delivery to the party to be notified; (b) when sent by email or confirmed facsimile; (c) five (5) days after having been sent by registered or certified mail, return receipt requested, postage prepaid; or (d) one (1) day after deposit with a nationally recognized overnight courier, specifying next day delivery, with written verification of receipt. All... communications will be sent to the respective parties at the addresses shown on the signature pages hereto (or to such email address, facsimile number or other address as subsequently modified by written notice given in accordance with this Section 12). View More

Notices. All communications hereunder shall be in writing and, if sent to the Underwriters shall be mailed or delivered and confirmed to you, c/o Goldman Sachs & Co. LLC, 200 West Street, New York, New York 10282-2198, Attention: Registration Department and Morgan Stanley & Co. LLC, 1585 Broadway, New York, New York 10036, Attention: Equity Syndicate Desk, with a copy to the Legal Department, except that notices given to an Underwriter pursuant to Section 6 hereof shall be sent to such Underwriter at... the address furnished by you, or if sent to the Company shall be mailed or delivered and confirmed to it at 3300 Enterprise Parkway, Beachwood, Ohio 44122, Attn: General Counsel. View More