Select the one or more means for delivering notices.
Given the uncertainty involved in delivery by fax and delivery by regular email, if you opt for delivery by either or both of those means this contract will provide that any notice so delivered will be valid only if the other party acknowledges having received it. If you opt for delivery by fax, you’ll be asked whether you want an acknowledgment or transmission report generated by a machine from which a fax is sent to constitute acknowledgment of that fax for purposes of the notices provisions.
Delivery by registered or certified mail is included in the options, although most businesses will probably find it simpler and more efficient to opt for delivery by a national transportation company, such as FedEx. Because of the risk of loss and lack of tracking, sending notices by first-class mail isn’t offered as an option.
Ken Adams has written about some of the terminology included in the notices provision of our template. See MSCD 13.504 (or this blog post) for why it refers to delivery “by hand” rather than “personal delivery”; see MSCD 13.196 (or this blog post) for why it uses the word “fax” rather than “telecopier” or “facsimile”; and see this blog post for why it refers to “a national transportation company” rather than a “courier” or “carrier.”