54
period is wholly attributable to circumstances that it would not be reasonable for the
Company to prevent or avoid.
(7)
If a member has been asked individually by the Company to agree that the Company may
send or supply documents or information generally or specific documents or information to
the member by means of a website and the Company does not within a period of 28 days
beginning with the date on which the Company's request was sent (or such longer period
as the board may specify) receive a response indicating a refusal, such member will be
deemed to have agreed to receive such documents or information by means of a website
in accordance with paragraph (3) above (save in respect of any documents or information
as may be required to be sent in hard copy form pursuant to the Law). A member can
revoke any such deemed election in accordance with paragraph (8) below.
(8)
Any amendment or revocation of a notification given to the Company or agreement (or
deemed agreement) under this article shall only take effect if in writing, signed (or
authenticated by electronic means) by the member and on actual receipt by the Company
thereof.
(9)
Where these articles require or permit a document to be authenticated by a person by
electronic means, to be valid it must incorporate the electronic signature or personal
identification details of that person, in such form as the directors may approve, or be
accompanied by such other evidence as the directors may require to satisfy themselves
that the document is genuine.
(10)
In the case of joint holders of a share, any document or information sent or supplied by
the Company in any manner permitted by these articles to the joint holder who is named
first in the register in respect of the joint holding shall be deemed to be given to all other
holders of the share.
(11)
A member whose registered address is not within Kuwait, Jersey or the United Kingdom
shall not be entitled to receive any notice from the Company unless:
(a)
the Company is able, in accordance with the Statutes, to send notice to him by
electronic means; or
(b)
he gives to the Company a postal address within Kuwait, Jersey or the United
Kingdom at which notices may be given to him.
(12)
If on two consecutive occasions any documents or information have been sent to any
member at his registered address but, through no fault of the Company, have been
undelivered, such member shall not from then on be entitled to receive documents or
other information from the Company until he has notified to the Company in writing a new
address within Kuwait, Jersey or the United Kingdom to be either his registered address or
his address at which notices may be given to him.
126.
Communication by advertisement
If at any time by reason of the suspension or curtailment of postal services within Jersey
or the United Kingdom the Company is unable effectively to convene a general meeting,
the Company may convene a general meeting by:
(a)
a notice advertised on its website and in at least one newspaper with a national
circulation in the United Kingdom; and
(b)
by giving notice by electronic means to those members to whom, in accordance
with the Statutes, the Company is able to give notice by electronic means.
In any such case the Company shall send confirmatory copies of the notice (or, as the case
may be, the notification of the website notice) by post to those members to whom notice
(or notification) cannot be given by electronic means if at least six clear days before the
