LD 2557
pg. 9
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LR 3953
Item 1

 
3.__Substantive law.__The terms of a contract are determined
by the substantive law applicable to it.

 
§9415.__Time and place of sending and receipt

 
1.__Sending.__Unless otherwise agreed between the sender and
the recipient, an electronic record is sent when it:

 
A.__Is addressed properly or otherwise directed properly to
an information processing system that the recipient has
designated or uses for the purpose of receiving electronic
records or information of the type sent and from which the
recipient is able to retrieve the electronic record;

 
B.__Is in a form capable of being processed by that
information processing system; and

 
C.__Enters an information processing system outside the
control of the sender or of a person that sent the
electronic record on behalf of the sender or enters a region
of the information processing system designated or used by
the recipient that is under the control of the recipient.

 
2.__Receipt.__Unless otherwise agreed between a sender and the
recipient, an electronic record is received when it:

 
A.__Enters an information processing system that the
recipient has designated or uses for the purpose of
receiving electronic records or information of the type sent
and from which the recipient is able to retrieve the
electronic record; and

 
B.__Is in a form capable of being processed by that
information processing system.

 
3.__Physical location.__Subsection 2 applies even if the place
the information processing system is located is different from
the place the electronic record is deemed to be received under
subsection 4.

 
4.__Place of business.__Unless otherwise expressly provided in
the electronic record or agreed between the sender and the
recipient, an electronic record is deemed to be sent from the
sender's place of business and to be received at the recipient's
place of business.__For purposes of this subsection, the
following rules apply.

 
A.__If the sender or recipient has more than one place of
business, the place of business of that person is the place


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