7  NOTICES

7.1  Any notice, consent or demand to be given or made by any party under this Agreement (hereinafter called a "Notice") shall only be validly served if in writing and delivered personally or sent by pre-paid first class recorded delivery post or sent by fax to the following address and marked for the attention of the following person in the case of each party:

Any party may by Notice to the other party/parties change its address, fax number or the title of the person for whose attention Notices are to be given or made pursuant to this Clause.  Any such Notice shall be deemed to have been received:

7.1.1  if delivered personally, at the time of delivery;

7.1.2  in the case of pre-paid first class recorded delivery post, on the first Business Day after the date of posting; and

7.1.3  in the case of a fax, at the time of transmission.

7.2  If any Notice is delivered or faxed after 5 p.m. on a Business Day, or at any time during a day which is not a Business Day, that Notice shall be deemed to have been received at 9 a.m. on the next Business Day. 

7.3  For the purposes of this Clause 7 (Notices), "Business Day" means any day which is not a Saturday, a Sunday or a public holiday in Scotland.  In proving service it shall be sufficient to prove that the envelope containing such Notice was properly addressed to the relevant party and either delivered personally to that address or delivered into the custody of the postal authorities as a pre-paid first class recorded delivery letter, or that such Notice was transmitted by fax to the correct fax number of the relevant party (as demonstrated by the transmission slip).  For the avoidance of doubt, Notices shall not be validly served if sent by e-mail.

7.4  The definitions of words and phrases used in this Agreement shall be those set out in the Construction Contract and Appointment except where expressly defined in this Agreement.

7.5  This Agreement shall be governed by and construed in accordance with Scots Law and the parties hereto submit to the exclusive jurisdiction of the Scottish Courts.

7.6  Save to the extent expressly provided in this Agreement no provision of this Agreement is intended to or does confer upon any third party any benefit or right enforceable at the option of that third party or any liability whatsoever to any third party, and without prejudice to the generality of the foregoing, there shall not in any circumstances be created by this Agreement a jus quaesitum tertio in favour of any person whatsoever.