Notice by Facsimile Clause Samples

The "Notice by Facsimile" clause defines the process by which formal communications between parties can be sent and deemed received via facsimile (fax) transmission. Typically, this clause specifies the fax numbers to be used, the requirements for confirmation of successful transmission, and the timing for when a notice is considered delivered—often upon receipt of a transmission confirmation report. Its core function is to provide a clear, alternative method for delivering official notices, ensuring timely and verifiable communication even when electronic or postal methods are unavailable or impractical.
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Notice by Facsimile. Any notice or communication sent by facsimile transmission is taken to have been received upon receipt by the sender of a confirmation of successful transmission report. However, if a facsimile is transmitted on a business day after 4pm (at the place of receipt) or on a day which is not a business day, it shall be deemed to have been received on the next business day.
Notice by Facsimile. In addition to the methods outlined in Section 12(a), notices and communications (other than for the purposes of Section 13(c)), may also be sent by telecopier at the numbers specified in Part 4 of this Schedule. Promptly after giving any such notice or communication, the sender shall also confirm the notice or communication by telephone at the number and to the attention of the party specified in Part 4 of this Schedule. Provided that such telephonic confirmation is made promptly, a notice or communication sent via telecopier will be effective upon receipt.
Notice by Facsimile. Transmission Section 12(a) of the Agreement is amended by adding in the third line thereof after the phrase “messaging system” and before the “)” the words “; provided, however, any such notice or other communication may be given by facsimile transmission (it being agreed that the burden of proving receipt will be on the sender and will not be met by a transmission report generated by the sender’s facsimile machine)”.
Notice by Facsimile. Section 12(a)(iii) shall be deleted in its entirety and replaced with the following section: if sent by facsimile transmission, on the date that transmission is sent to the numbers specified in Part 4 of this Schedule and received in legible form (it being agreed that the burden of proving receipt will be on the sender and will not be met by a transmission report generated by the sender’s facsimile machine);