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General Clauses - Part 2

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This is a continuation of the last Communique topic on the importance of spending adequate time on the "General" or "Miscellaneous" clauses of a lease.

This Communique identifies some issues for consideration regarding more "General" clauses in a contract. Below are some more General clauses and comments on them:

NOTICE

"Any notice provided or permitted to be given by the either party to the other shall be sufficiently given if delivered by courier or mailed in Canada, registered and postage prepaid, in each case addressed to the party at its address set out in paragraph * of the Special Provisions, Any such notice given shall be conclusively deemed to have been given on the day on which it is delivered or on the third day following the day on which such notice is mailed, as the case may be. In the event of a postal disruption, notice must be delivered personally or by courier to be effective. Either party may at any time give notice in writing to the other of any change of address of the party giving such notice and from and after the 3rd business day after the giving of such notice the address therein specified shall be deemed to be the address of such party for the giving of notices hereunder. The word "notice" in this paragraph is deemed to include  any request, statement or other writing in this Lease provided or permitted to be given by either party to the other. If there ismore than one party named as Tenant, notice to one shall be deemed sufficient as notice to all.."

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