Common use of SENDING Clause in Contracts

SENDING. All notices and other communications provided for or permitted under this Agreement shall be sent by email, mail with postage prepaid, or by hand delivery, or by facsimile as shown on the relevant addresses set out in Part 1, Schedule 1 or to such other address or person as that Party may specify by notice in writing to the others. All such notices or communications shall be deemed to have been duly given or made: Four days after being deposited in the mail by the sender with all postage prepaid; On delivery when delivered by hand or on behalf of the sender; If sent by facsimile, when a completed transmission report is received by the sender unless a verifiable query as to material illegibility is promptly raised. Delivery by hand or transmission by facsimile prior to 5.00 p.m. on a Working Day shall be deemed effected on the date of delivery or transmission, and delivery or transmission after 5.00 p.m. shall be deemed effected on the next Working Day. Conflicts of Interest/Financial Incentives The Provider will at all times during the Term of each relevant Service Schedule use its best endeavours to ensure that no action is taken by itself, its personnel and sub-contractors which could or might result in or give rise to the existence of conditions prejudicial to or in conflict with the interests of the Purchasers if such action touches upon or relates to this Agreement or the delivery of the Services. If the Provider has a financial interest in an entity supplying, procuring or manufacturing products or services, the Provider shall ensure that those products or services are not utilised in providing, nor comprise, the Services described in the Service Schedules without prior approval from the Purchasers Where in order to provide the Services, the Provider procures products or services, the Provider shall not accept or receive (or permit any person associated with the Provider to accept or receive) any incentive or reward for providing those products or services, whether by way of any gift, voucher, cash, trip or travel, merchandise or equipment or any discount, rebate or credit towards such items or in any other form whatsoever. The Provider shall under no circumstances accept or receive (or permit any person associated with the Provider to accept or receive) any incentive or reward conditional upon, based on, or linked to the recommendation or procurement of any products or services utilised in providing or comprising the Services. Cost and Volume Shifting The Provider must not: act in such a way that increases cost to another provider, be party to any arrangement which results in the Purchasers effectively having to pay more than once for the supply of the same Services or any component of them, act in such a way that shifts volumes relating to Services being provided separately by the Provider where such volumes have been specifically related to that Service.