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Notices

The Pactix notices clause is pretty streamlined. The thinking is that long, detailed notice procedures, over and above a basic writing requirement, are normally undesirable.

The important points about a notice clause are simply these:

  • that the notice's contents get communicated to the notified party, and
  • that it be reasonably easy to confirm whether this communication has in fact happened.

If those two things can be taken care of, there's no point in making the sender jump through additional burdensome procedural hoops, nor in making the contract drafter and -reviewer spend the time wading through the verbiage.

When are notices effective?

This clause intentionally does not adopt the old-style approach that notices are deemed effective X days after being mailed (although a party that anticipates sending out lots of 'routine' notices, for example to consumers, might consider adding language like this). Most major delivery services offer on-line tracking of deliveries, which should enable a party giving notice to follow up to con-firm receipt.

Copies of notices to general counsel

It's usually better for a notified party's lawyers to be brought into the picture sooner rather later, if for no other reason than the hope of facilitating a settlement of the dispute. Having the notifying party send a copy directly to the lawyer may help on that score.

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