A break clause provides a party to a contract the option to terminate it before it expires.
PurposeA notices clause is often included in an agreement to ensure that each party has certainty and clarity in relation to formal communications between the parties and the giving of notices to, and the receipt of notices from, the other parties to the agreement. In the absence of a notices clause, default statutory provisions may apply (see Statutory provisions below).ContentA notices clause often includes provisions specifying:•that the notice must be given in writing•that the notice should be given in English•whether the clause applies to notices given in relation to legal proceedings or other forms of dispute resolution•whether the notice can be sent by post and/or delivered by hand, and whether it must be sent by recorded delivery and/or first class post•whether the notice may be sent electronically such as by fax or email, and if so, whether such a communication must be confirmed by post•the addresses where notices are to be sent and the person/post to whom the notice should be marked for the attention of, and how any changes to such details should be made•when the notice is deemed to be received, and•the method of proof that a notice has been receivedFor an example of a notices clause and drafting notes, see Precedent: Notices clause.For information on drafting notices of
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Can parties agree to contract out of the Party Wall etc Act 1996? In this Q&A we assume that: • both the tenant and the landlord will fall within the definition of ‘owner’ under section 20 of the Party Wall etc Act 1996 (PWA 1996) • the relevant works may impact on a party wall, fence of structure within the definition of PWA 1996 (see Practice Note: Party Wall works—notices, disputes and awards) It does not appear that PWA 1996 contains any provision preventing parties from contracting out of it. See the case of Dillard v F&C Commercial Property Holdings Ltd in which Mr Justice Akenhead commented
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