I.   Introductory Provisions

Notices are the seventh of thirty-three (33) Administrative Elements of Trust being both Instruments and service of process by which one or more Parties are made aware of any formal legal matter that may affect certain rights, obligations and duties.

The seven primary types of Notice are: Physical, Posted, Direct, Indirect, Public (legal), Implied and Constructive:

(i) Physical Notice or Actual Notice is a type of notice and service of process whereby the specific information concerning a formal legal matter is listed in a Document and then physically handed to a party or their representative, with proof, attestation or acknowledgment of such service recorded as evidence; and

(ii) Posted Notice or Mail Notice is a type of notice and service of process whereby specific information concerning the formal legal matter is personally addressed to the party and sent through a certified or registered mail delivery system recognized by the International Postal Union; and

(iii) Direct Notice is a type of notice and service of process whereby specific information concerning the formal legal matter is personally addressed to the party and sent via email, fax, sms or other recorded and verifiable transmission medium; and

(iv) Indirect Notice is a type of notice and service of process whereby specific information concerning the formal legal matter is published in any broadcast medium such as media releases, stories, advertorial content and advertising and likely to be viewed by one or more parties; and

(v) Public Notice is a type of notice and service of process whereby specific information concerning the formal legal matter is published in a general, local, regional, national or international publication possessing status as a gazette and therefore an official newspaper of record or physically posted at a site reasonably expected to be visible to the Person; and

(vi) Implied Notice is a type of notice inferred from facts that a Person had means of knowing and would have caused a reasonable Person to take action to gain further information concerning a formal legal matter. It is a notice inferred or imputed to a party by reason of his/her knowledge collateral to the main fact; and

(vii) Constructive Notice is a type of notice inferred from facts that a Person unable to be served with Actual Notice may be reasonably inferred or imputed to have received notice, if Actual Notice was restricted or not possible and a minimum number of attempts of Physical, Posted, Direct or Public Notice were concluded.

During the normal course of management and administration of a Trust, or Estate or Fund, Trustees or their duly appointed Agents are expected:

(i) To use at least Posted and Direct Notice as the preferred medium for communicating matters of a confidential, privileged or private nature between the Trust, or Estate or Fund and its Trustees, Shareholders, Officers, Agents, Employees or other parties.

(ii) To use at least Indirect Notice or Public Notice in matters that are not of a confidential, privileged or private nature; and

(iii) To use at least Physical Notice as well as Public Notice and Posted Notice in the matter of any breach or default of agreement, or in those circumstances deemed required by law, or in the proceeding of a legal case or matter.

Service of Notice, also known simply as “Service” or in matters of legal proceedings as “Service of Process” is the formal delivery of a Notice, such that it may be reasonably argued such Notice was received. Service of Notice shall be deemed to have been properly and duly served, when:

(i) Any Physical Notice served personally or left at the registered address by a servicing agent is deemed to have been served when delivered and such fact is attested by a certificate of service signed by the agent who executed the service; and

(ii) Any Posted Notice sent by Post is deemed to have been served at the expiration of forty-eight hours after the envelope containing the Notice is posted and, in proving service, it is sufficient to prove that the envelope containing the Notice was properly addressed and posted; and

(iii) Any Direct Notice served on a party by telex is deemed to have been served on receipt by the Company of the answerback code of the recipient at the end of the transmission. Any notice served on a party by facsimile transmission is deemed to have been served when the transmission is sent. Any notice served on a party by email or sms or any other form of direct electronic messaging is deemed to have been served after twenty-four hours and no error message or failed transmission notice is received; and

(iv) Any Indirect Notice is deemed to have been served three days after receipt or proof of the publication of such notice; and

(v) Any Public Notice is deemed to have been served three days after receipt or proof of the publication in a gazette and official publication of record of such notice; and

(vi) Any Implied Notice is deemed to have been served fourteen days after receipt or proof of publication of at least two forms of Indirect Notice or Public Notice; and

(vii) Any Constructive Notice is deemed to have been served fourteen days after receipt or proof of at least one attempted Physical Notice or two Posted Notices and at least two forms of Indirect Notice or Public Notice.

Where a Party does not have a registered address or where the Trustee of a Trust, or Estate or Fund has a reason in good faith to believe that a Party is not known at the registered address of a Party, a Notice is deemed to be given to the Party if the Notice is exhibited by Indirect Notice in the Office for a period of forty-eight hours (and is deemed to be duly served at the commencement of that period) unless and until the Party informs the Trustee of a registered place of address.

The signature to any Notice to be given in the course of properly administering a Trust, or Estate or Fund may be written or printed. The formatting of the name of an Officer of the Trust, or Estate or Fund in capitals as the signature line upon a Notice shall be deemed a valid legal signature.