Common use of Transmissions Clause in Contracts

Transmissions. (a) If either party electronically transmits to the other party any document in connection with this Agreement, then (i) that party shall use security procedures sufficient to ensure that the transmission is authorized and protected from unauthorized access, and (ii) the presence of the Electronic Signature of that party affixed to, or contained in, the transmitted document shall be sufficient to verify that that party originated and executed the document. (b) Any document electronically transmitted by either party to the other party shall be deemed to have been duly given or delivered upon receipt by the receiving party in readable form. Upon the receipt by either party of any document transmitted electronically by the other party, the receiving party shall promptly transmit to the other party a functional acknowledgment of receipt, and the transmission of the acknowledgment shall constitute conclusive evidence that the document has been received. Neither the transmitting party nor the receiving party shall have any rights or obligations with respect to any such document unless and until the receiving party has transmitted such an acknowledgment. (c) If either party receives any electronically transmitted document in an unintelligible or garbled form, then that party shall promptly deliver to the other party notice to such effect.