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marked for the attention of Stephen Goodman
or to such other address or fax number or for the attention of such other person as was last notified by the Promoter in writing to the Owner.
11.2.3 Any such notice will be deemed to have been received:
(a) if delivered personally at the time of delivery;
(b) in the case of pre-paid first class post or recorded delivery on the second Working Day after posting; and
(c) in the case of fax at the time of transmission if before 4.00pm otherwise if sent after 4.00pm if shall be deemed received at 10.00am the next working day.
11.2.4 In proving service it will be sufficient to prove that delivery was made or that the envelope containing the notice was properly addressed and posted as a pre-paid first class or recorded delivery letter or that the fax message was properly address and transmitted as the case may be.
11.2.5 A notice given or document delivered under this Agreement will not be validly given or delivered if sent by email.
11.2.6 For the avoidance of doubt any notice given by the Owner’s Solicitors or the Promoter’s Solicitors shall be treated as if they were given by the Owner or the Promoter respectively.
11.3 Dispute Resolution
11.3.1 The provisions of this clause 11.3 apply where a dispute under this Agreement is to be determined by an independent expert.
11.3.2 The independent expert is to be appointed by Joint Decision but if the Parties cannot reach an agreement either of them may ask the President for the time being of the Royal Institution of Chartered Surveyors or the Law Society as appropriate dependent upon the nature of the matter in dispute to nominate an expert and if he is unable or unwilling to do so the next most senior officer may make the nomination.
11.3.3 The following provisions apply to the independent expert:
(a) he is to act as an expert and not as an arbitrator;
(b) he is to give the Owner and the Promoter an opportunity to make written representations and to comment on each other’s representations;
(c) another expert may replace him if he dies becomes unwilling or incapable of acting or it becomes apparent for any other reason that he will be unable to determine the matter referred to him within a reasonable time;
(d) he will be instructed to make his determination within twenty (20) Working Days of the matter being referred to him;
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/Users/georgegriffiths/Library/Containers/com.apple.mail/Data/Library/Mail Downloads/6663C249-66B1-4856-B8AF-3D567A64A39C/Promotion Agreement (engrossment) (JMW).doc