context: The primary purpose of the termination provision is to ensure that' "the other party" to the agreement receives the notice of termination in a timely fashion. Actual notice that is timely achieves that purpose.
citation_a.signal: see also
citation_a.identifier: 197 F.3d 22, 22
citation_a.parenthetical: finding termination notice valid although party failed to strictly comply with notice provision because that provision did not "itself, confer any benefit upon either party" and was "merely a collateral term intended to enhance the probability that mailed notice will arrive promptly in the proper hands"
citation_a.sentence: Merrill, Merrill on Notice § 603, at 662-63 (1952)) (emphasis added)); see also Univ. Emergency Med. Found., 197 F.3d at 22 (finding termination notice valid although party failed to strictly comply with notice provision because that provision did not “itself, confer any benefit upon either party” and was “merely a collateral term intended to enhance the probability that mailed notice will arrive promptly in the proper hands”).
citation_b.signal: see
citation_b.identifier: 678 F.3d 115, 123
citation_b.parenthetical: "[Sjtrict conformity with a contract's written notice provision is not required as long as the counterparty receives substantially the same information through timely actual notice and suffers no prejudice from the non-conformity." (emphasis added
citation_b.sentence: See In re Redondo Constr. Corp., 678 F.3d 115, 123 (1st Cir.2012) (“[Sjtrict conformity with a contract’s written notice provision is not required as long as the counterparty receives substantially the same information through timely actual notice and suffers no prejudice from the non-conformity.” (emphasis added)); Univ. Emergency Med. Found. v. Rapier Investments, Ltd., No. CIV.A. 97549-T, 1998 WL 34100601, at *2 (D.R.I. Oct. 16, 1998) aff'd, 197 F.3d 18 (1st Cir.1999) (“Even where a contract requires a particular method of giving notice, notice given by a different method is effective if it is actually received unless the method by which notice is given is an essential element of the transaction.” (citing 1 Maurice H.