Construction Contract Clauses (10,726)

Construction. The parties acknowledge that the parties each party and their its counsel have reviewed and revised this Agreement and that the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of this Agreement Agreement, or any schedules amendments or amendments hereto. exhibits hereto or thereto.

Construction. The Award Agreement and the Plan contain the entire understanding between the parties with respect to this Award. There are no other representations, agreements, arrangements or understandings, oral or written, between and among the parties hereto relating to this Award which are not fully expressed herein. If a court of competent jurisdiction determines that any provision of this Award Agreement, including Section B.6.a., b., B.6., Section B.7, or c. any Award Definition in Section C is ... class="diff-color-red">unenforceable, unenforceable or overbroad, the parties agree that they shall ask the court to modify, or "blue pencil," such provision(s) to allow for the enforcement of the terms of Section B.6. to the fullest extent permitted by law. View More

Found in Home Depot contract

Construction. Whenever the word "Employee" is used in any provision of this document under Agreement in circumstances where the provision should logically be construed to apply to the estate, personal representative, or beneficiary to whom this Option Grant may be transferred by Will, by the laws of descent and distribution, or by a qualified domestic relations order pursuant to the Code or Title I of the Employment Retirement Income Security Act of 1974, as amended, modified or supplemented from time to... time ("ERISA"), it shall be deemed to include such person. View More

Construction. This Agreement and the Award option evidenced hereby are made and granted pursuant to the Plan and are in all respects limited by and subject to the terms of the Plan. The Plan Administrator shall have the discretionary authority to interpret and construe any term or provision of the Plan or this Agreement, and such interpretation shall be binding on all persons having an interest in the Award. this option.

Construction. This Supplement is a Loan Document and shall be subject to all of terms and conditions contained in Section 1.4 of the Credit Agreement, mutatis mutandi. mutandi.. 8. THE VALIDITY OF THIS SUPPLEMENT, THE CONSTRUCTION, INTERPRETATION, AND ENFORCEMENT HEREOF, AND THE RIGHTS OF THE PARTIES HERETO WITH RESPECT TO ALL MATTERS ARISING HEREUNDER OR RELATED HERETO SHALL BE DETERMINED UNDER, GOVERNED BY, AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF NEW YORK. COLLATERAL AGENT AND EACH... GRANTOR WAIVE, TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, ANY RIGHT EACH MAY HAVE TO ASSERT THE DOCTRINE OF FORUM NON CONVENIENS OR TO OBJECT TO VENUE TO THE EXTENT ANY PROCEEDING IS BROUGHT IN ACCORDANCE WITH THIS SECTION 9. COLLATERAL AGENT AND EACH GRANTOR REPRESENT THAT EACH HAS REVIEWED THIS WAIVER AND EACH KNOWINGLY AND VOLUNTARILY WAIVES ITS JURY TRIAL RIGHTS FOLLOWING CONSULTATION WITH LEGAL COUNSEL. IN THE EVENT OF LITIGATION, A COPY OF THIS SUPPLEMENT MAY BE FILED AS A WRITTEN CONSENT TO A TRIAL BY THE COURT. View More

Construction. The language in all parts of this Release Agreement shall in all cases be construed simply, according to its fair meaning, and not strictly for or against any of the parties hereto. Without limitation, there shall be no presumption against any party on the ground that such party was responsible for drafting this Release Agreement or any part thereof.

Construction. Each of the Parties acknowledges that they, and their respective counsel, substantially participated in the negotiation, drafting and editing of this Amendment. Accordingly, the Parties agree that the provisions of this Amendment shall not be construed or interpreted for or against any Party hereto based on authorship. 2 9. 5 15. Authority. Each Party represents and warrants that is has the power and authority to execute this Amendment and that there are no third party approvals required to... execute this Amendment or to comply with the terms or provisions contained herein. View More

Construction. Unless otherwise defined herein, capitalized terms shall have the meanings set forth in the Subscription Agreement. Notes. The terms of this Amendment amend and modify the Related Notes as if fully set forth in each Related Note. If there is any conflict between the terms, conditions and obligations of this Amendment and the Related Notes, this Amendment's terms, conditions and obligations shall control. All other provisions of the Related Notes not specifically modified by this Amendment are... preserved. View More

Construction. This Fourth Amendment is a Loan Document. This Fourth Amendment and the Credit Agreement shall be construed collectively and in the event that any term, provision or condition of any of such documents is inconsistent with or contradictory to any term, provision or condition of any other such document, the terms, provisions and conditions of this Fourth Amendment shall supersede and control the terms, provisions and conditions of the Credit Agreement. Upon and after the effectiveness of this Fourth Amendment, each reference in the Credit Agreement to "this Agreement", "hereunder", "herein", "hereof" or words of like import referring to the Credit Agreement, and each reference in the other Loan Documents to "the Credit Agreement", "thereunder", "therein", "thereof" or words of like import referring to the Credit Agreement, shall mean and be a reference to the Credit Agreement as modified and amended hereby. View More

Construction. The Parties expressly acknowledge that they have had equal opportunity to negotiate the terms of this Agreement Release and that this Agreement Release shall not be construed against the drafter.