SECTION 10
NOTICES AND OTHER COMMUNICATIONS
10.1 Any notice other communication to be given under this Agreement shall:
(a) be the English language, and except where expressly otherwise a provided in this Agreement, shall be in writing;
(b) may be given in manner described in sub paragraph 102 below.
(c) shall be sent the party to whom it is to be given at the address or to number, or in accordance with the electronic messaging details, set out herein.
10.2 Any such notice or other communications shall be deemed effective:
(a) if in writing and delivered in person or by courier, at the time when it is delivered:
(b) if sent by telex at the time when the recipient’s answerback is received:
(c) if sent by facsimile transmission, at the time when the transmission is received by a responsible employee of the recipient 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);
(d) if sent by certified or registered mail (airmail, if overseas) or the equivalent (return receipt requested), at the time when that mail is delivered or its delivery it attempted:
(e) if sent by electronic messaging system, at the time that electronic message is received except that any notice or communication which is received, or delivery of which is attempted, after close of business on the date of receipt or attempted delivery or on a day which is not a day which commercial banks are open for business in the place where that notice or other communication is to be given shall be treated as given at the opening of business on the next following day which is such a day.
10.3 If –
(a) there occurs in relation to either party an event which gives rise to the service of a Default Notice: and
(b) the non-Defaulting Party, having made all practicable efforts to do so, including having attempted to use at least two of the methods specified in sub-paragraph 10.2 has been unable to serve a Default Notice by one of the methods specified in those sub-paragraph (or such of those methods as are normally used by the non-Defaulting Party when communicating wish the Defaulting Party), then the non-Defaulting Party may sign a written notice (a "Special Default Notice") which:
(i) specifies the relevant event referred to by paragraph which has occurred in relation to the Defaulting Party.
(ii) states that the non-Defaulting Party, having made all practicable efforts to do so, including having attempted to use at least two of the methods specified in sub- paragraphs 10.2, has been unable to serve a Default Notice by one of the methods specified in those sub-paragraphs (or such of those methods as are normally used by the non-Defaulting Party when communicating with the Defaulting Party):
(iii) specifies the date on which, and the time at which, the Special Default Notice is signed by the non-Defaulting Party, and
(iv) states that the event specified in accordance with sub-paragraph (i) above shall be treated as an Event of Default with effect from the date and time as specified.
On the signature of a Special Default Notice the relevant event shall be treated as effective from the date and time so specified as an Event of Default in relation to the Defaulting Party. and the Special Default Notice shall be treated and accepted as an effective Default Notice .Any special Default Notice should also be sent in a manner contemplated under 10.2.
10.4 All notices, demands or other communications hereunder shall be given or made in writing at the following addresses, or at such other addresses as may be designated by notice from such party to all other parties: