CompUSA 2011 Annual Report Download - page 94
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If the Appointment is terminated at any time by reason of any reconstruction or amalgamation of the Company or any Group Company,
whether by winding up or otherwise, and the Employee is offered employment with any concern or undertaking involved in or resulting from
the reconstruction or amalgamation on terms which (considered in their entirety) are no less favourable to any material extent than the terms
of this agreement, the Employee shall have no claim against the Company or any the undertaking arising out of or connected with such
termination.
30
Reconstruction and amalgamation
31
Notice
31.1
Any written notice which is required to be given to a party under this agreement shall be in writing in the English language and
signed by or on behalf of the party giving it. It shall be delivered by hand or sent to the party at the address given in this agreement
or as otherwise notified in writing to the other party.
31.2
Any such notice shall be deemed to have been received:
31.2.1
if delivered by hand, at the time the notice is left at the address or given to the addressee; or
31.2.2
in the case of pre
-
paid first class UK post or other next working day delivery service, at 9.00 am two business days
after posting or at the time recorded by the delivery service; or
31.2.3
in the case of pre
-
paid airmail, 9.00 am five business days after posting or at the time recorded by the delivery service.
31.3
A notice shall have effect from the earlier of its actual or deemed receipt by the addressee. For the purpose of calculating deemed
receipt:
31.3.1
all references to time are to local time in the place of deemed receipt; and
31.3.2
if deemed receipt would occur on a Saturday or Sunday or a public holiday when banks are not open for business,
deemed receipt is at 9.00 am on the next business day.
31.4
A notice required to be given by the Employee under this agreement shall not be validly given if sent by e
-
mail unless authorised by
the Company.
31.5
This clause does not apply to the service of any proceedings or other documents in any legal action.
32
Entire agreement
32.1
This agreement (and any document referred to in it) constitutes the whole agreement between the parties (and in the case of the
Company, as agent for any Group Companies) and supersedes any previous arrangement, understanding or agreement between them
relating to the subject matter of this agreement.
32.2
Each party warrants to the other parties that, in entering into this agreement (and any document referred to in it), it does not rely on
any statement, representation, assurance or warranty of any person (whether a party to this agreement or not) other than as expressly
set out in this agreement (or those documents).
32.3
Each party agrees and undertakes to the other parties that the only rights and remedies available to it arising out of or in connection
with this agreement or its subject matter shall be solely for breach of contract, in accordance with the provisions of this agreement.
32.4
Nothing in this clause 32 shall limit or exclude any liability for fraud.