Terms and Conditions of Appointment as an Insurance ... - Aviva

Terms and ConditionsSECTION 12.0 - NOTIFICATION ANDPUBLICATION OF TERMINATION12.1 Notification and Publication ofTerminationOn termination of this appointment, theIntermediary shall, to the extent and withinthe timeline required by Applicable Laws andRegulations, ensure the publication in one ormore of the national newspapers circulatingin the Territory, of a notice to the effectthat its written appointment as an insuranceintermediary of Aviva has been discontinued,and the Intermediary hereby acknowledgesthat if it fails to publish such a notice, Avivashall, to the extent and within the timelinerequired by Applicable Laws and Regulationsand otherwise may, publish a similar notice.SECTION 13.0 - NOTICES13.1 Notices13.1.1 Any notice or other communication given ormade under these T&Cs shall be in writingand in English and signed by or on behalfof the Party giving it and shall be served byhand, delivering it or sending it by registeredpost, fax or e-mail to the address and for theattention of the relevant party set out in thisClause 13 (or as otherwise notified by thatparty hereunder). Any such notice shall bedeemed to have been received:(a) if hand delivered or sent by registeredpost, at the time of delivery; and(b) in the case of fax or e-mail, at the timeof transmission, provided that if deemedreceipt occurs before 9.00 a.m. on aBusiness Day, the notice shall be deemedto have been received by 9.00 a.m. onthat day, and if deemed receipt occursafter 5.00 p.m. on a Business day, oron any day which is not a Business Day,the notice shall be deemed to havebeen received at 9.00 a.m. on the nextBusiness Day.13.1.2 The addresses and fax numbers of the Partiesfor the purposes of this Clause 13 are:(a) where the Intermediary has notpreviously entered into an arrangementwith Aviva, the addresses and faxnumbers of the Parties as notified inwriting by one Party to the other Party;or(b) where the Intermediary has an existingarrangement with Aviva, the addressesand fax numbers of the Parties previouslynotified by the Parties in accordance withthat existing arrangement.SECTION 14.0 - SUB-CONTRACTING14.1 Sub-ContractingThe Intermediary shall not subcontract,transfer, or delegate any of its duties orobligations under these T&Cs or any partthereof or transfer or assign any of its rightsunder these T&Cs to any third party withoutthe prior written consent of Aviva. TheIntermediary shall not appoint or attemptto appoint a sub-intermediary in respect ofany of its rights or duties under these T&Cswithout the express written consent of Aviva.SECTION 15.0 - DISPUTE RESOLUTION15.1 Dispute ResolutionAviva and the Intermediary shall use allreasonable efforts to negotiate in good faithand settle amicably, any question, dispute ordifference that may arise out of or relate tothe interpretation or implementation of theseT&Cs or any breach thereof. Neither of theParties shall attempt to commence any courtproceedings in relation to any dispute arisingout of these T&Cs until they have attemptedto resolve the dispute amicably.SECTION 16.0 – ENTIRE AGREEMENT16.1 Entire AgreementWithout prejudice to the terms of anySeparate Agreement, these T&Cs constitutethe entire agreement and understanding ofthe Parties relating to the subject matter ofthese T&Cs and supersedes and replaces anyprevious terms and conditions or agreementpreviously entered into between the Partiesrelating to the subject matter hereof.