Construction Contract Clauses (10,726)
Grouped Into 178 Collections of Similar Clauses From Business Contracts
This page contains Construction clauses in business contracts and legal agreements. We have organized these clauses into groups of similarly worded clauses.
Construction. Unless otherwise defined herein, capitalized terms shall have the meanings set forth in the Merger Agreement. The terms of this First Amendment amend and modify the Merger Agreement as if fully set forth in the Merger Agreement. Upon the effectiveness of this First Amendment, all references in the Merger Agreement to "the Agreement" or "this Agreement," as applicable, shall refer to the Merger Agreement, as modified by this First Amendment. If there is any conflict between the terms, conditions
... and obligations of this First Amendment and the Merger Agreement, this First Amendment's terms, conditions and obligations shall control. All other provisions of the Merger Agreement not specifically modified by this First Amendment are expressly preserved. This First Amendment may be executed in multiple counterparts and transmitted by facsimile, by electronic mail in portable document format ("PDF") form or by any other electronic means intended to preserve the original graphic and pictorial appearance of a Party's signature, with each such counterpart, facsimile or PDF signature constituting an original and all of which together constituting one and the same original.
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Construction.
Unless otherwise defined herein, capitalized terms shall have the meanings set forth in the Merger Agreement. The terms of this First Amendment amend and modify the Merger Agreement as if fully set forth in the Merger Agreement. Upon the effectiveness of this First Amendment, all references in the Merger Agreement to "the Agreement" or "this Agreement," as applicable, shall refer to the Merger Agreement, as modified by this First Amendment. If there is any conflict between the terms, conditions
... and obligations of this First Amendment and the Merger Agreement, this First Amendment's terms, conditions and obligations shall control. All other provisions of the Merger Agreement not specifically modified by this First Amendment are expressly preserved. This First Amendment may be executed preserved and remain in multiple counterparts full force and transmitted by facsimile, by electronic mail in portable document format ("PDF") form or by any other electronic means intended to preserve the original graphic and pictorial appearance of a Party's signature, with each such counterpart, facsimile or PDF signature constituting an original and all of which together constituting one and the same original. effect.
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Construction. Unless otherwise defined herein, capitalized terms shall have the meanings set forth in the
Merger Purchase Agreement. The terms of this First Amendment amend and modify the
Merger Purchase Agreement as if fully set forth in the
Merger Purchase Agreement. Upon the effectiveness of this First Amendment, all references in the
Merger Purchase Agreement to "the Agreement" or "this Agreement," as applicable, shall refer to the
Merger Purchase Agreement, as modified by this First Amendment. If there
... is any conflict between the terms, conditions and obligations of this First Amendment and the Merger Purchase Agreement, this First Amendment's terms, conditions and obligations shall control. All other provisions of the Merger Purchase Agreement not specifically modified by this First Amendment are expressly preserved. This First Amendment may be executed in multiple counterparts and transmitted by facsimile, by electronic mail in portable document format ("PDF") form or by any other electronic means intended to preserve the original graphic and pictorial appearance of a Party's signature, with each such counterpart, facsimile or PDF signature constituting an original and all of which together constituting one and the same original. 3 6. AUTHORITY. By their execution of this First Amendment, the undersigned Parties hereby confirm that they are duly authorized to execute this First Amendment and any necessary requisite approval has been obtained with respect to this First Amendment and all matters set forth herein.
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Construction. The parties hereto acknowledge and agree that the language of this Release Agreement shall be construed as a whole according to its fair meaning and not strictly for or against any of the parties.
Construction. The parties hereto acknowledge and agree that the language of this
Release Agreement shall be construed as a whole according to its fair meaning and not strictly for or against any of the parties.
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Construction. Unless otherwise defined herein, capitalized terms shall have the meanings set forth in the Agreement and the Notes. The terms of this First Amendment amend and modify the Agreement and the Notes as if fully set forth in the Agreement and the Notes. If there is any conflict between the terms, conditions and obligations of this First Amendment and the Agreement or the Notes, this First Amendment's terms, conditions and obligations shall control. All other provisions of the Agreement and the
... Notes not specifically modified by this First Amendment are preserved. 5 8. COUNTERPARTS; ELECTRONIC TRANSMISSION. This First Amendment may be executed in one or more counterparts and by facsimile, each of which shall constitute an original and all of which together shall constitute one and the same instrument. Signatures of the parties transmitted by facsimile or via .pdf format shall be deemed to be their original signatures for all purposes. The words "execution," "signed," "signature," and words of like import shall be deemed to include electronic signatures or the keeping of records in electronic form, each of which shall be of the same legal effect, validity or enforceability as a manually executed signature or the use of a paper-based recordkeeping system, as the case may be, to the extent and as provided for in any applicable law, including the Federal Electronic Signatures in Global and National Commerce Act, the Delaware Electronic Transactions Act, or any other similar state laws based on the Uniform Electronic Transactions Act. This First Amendment and any signed agreement or instrument entered into in connection with this First Amendment, and any amendments hereto or thereto, to the extent delivered by means of a facsimile machine or electronic mail (any such delivery, an "Electronic Delivery"), will be treated in all manner and respects as an original agreement or instrument and will be considered to have the same binding legal effect as if it were the original signed version thereof delivered in person. At the request of any party hereto or to any such agreement or instrument, each other party hereto or thereto will re-execute original forms thereof and deliver them to the other party. No party hereto or to any such agreement or instrument will raise the use of Electronic Delivery to deliver a signature or the fact that any signature or agreement or instrument was transmitted or communicated through the use of Electronic Delivery as a defense to the formation of a contract, and each such party forever waives any such defense, except to the extent such defense related to lack of authenticity.
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Construction. Unless otherwise defined herein, capitalized terms shall have the meanings set forth in the
Agreement and the Notes. Sublicense Agreement. The terms of this
First Amendment amend and modify the
Sublicense Agreement
and the Notes as if fully set forth in the
Agreement and the Notes. Sublicense Agreement. If there is any conflict between the terms, conditions and obligations of this
First Amendment and the
Agreement or the Notes, Sublicense Agreement, this
First Amendment's terms, conditions and
... obligations shall control. All other provisions of the Sublicense Agreement and the Notes not specifically modified by this First Amendment are preserved. 5 8. COUNTERPARTS; ELECTRONIC TRANSMISSION. 1 4. Counterparts; Electronic Transmission. This First Amendment may be executed in one or more counterparts and by facsimile, each of which shall constitute an original and all of which together shall constitute one and the same instrument. Signatures of the parties transmitted by facsimile or via .pdf format shall be deemed to be their original signatures for all purposes. The words "execution," "signed," "signature," and words of like import shall be deemed to include electronic signatures or the keeping of records in electronic form, each of which shall be of the same legal effect, validity or enforceability as a manually executed signature or the use of a paper-based recordkeeping system, as the case may be, to the extent and as provided for in any applicable law, including the Federal Electronic Signatures in Global and National Commerce Act, the Delaware Michigan Uniform Electronic Transactions Act, or any other similar state laws based on the Uniform Electronic Transactions Act. This First Amendment and any signed agreement or instrument entered into in connection with this First Amendment, and any amendments hereto or thereto, to the extent delivered by means of a facsimile machine or electronic mail (any such delivery, an "Electronic Delivery"), will be treated in all manner and respects as an original agreement or instrument and will be considered to have the same binding legal effect as if it were the original signed version thereof delivered in person. At the request of any party hereto or to any such agreement or instrument, each other party hereto or thereto will re-execute original forms thereof and deliver them to the other party. No party hereto or to any such agreement or instrument will raise the use of Electronic Delivery to deliver a signature or the fact that any signature or agreement or instrument was transmitted or communicated through the use of Electronic Delivery as a defense to the formation of a contract, and each such party forever waives any such defense, except to the extent such defense related to lack of authenticity.
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Construction.
Unless otherwise defined herein, capitalized terms shall have the meanings set forth in the Agreement and the Notes. The terms of this First Amendment amend and modify the
Securities Purchase Agreement
and the Notes as if fully set forth in the
Securities Purchase Agreement. Upon the effectiveness of this First Amendment, all references in the Securities Purchase Agreement
and to "the Agreement" or "this Agreement," as applicable, shall refer to the
Notes. Securities Purchase Agreement, as... modified by this First Amendment. If there is any conflict between the terms, conditions and obligations of this First Amendment and the Agreement or the Notes, Securities Purchase Agreement, this First Amendment's terms, conditions and obligations shall control. All other provisions of the Securities Purchase Agreement and the Notes not specifically modified by this First Amendment are expressly preserved. 5 8. COUNTERPARTS; ELECTRONIC TRANSMISSION. This First Amendment may be executed in one or more counterparts and by facsimile, each of which shall constitute an original and all of which together shall constitute one and the same instrument. Signatures of the parties transmitted by facsimile or via .pdf format shall be deemed to be their original signatures for all purposes. The words "execution," "signed," "signature," and words of like import shall be deemed to include electronic signatures or the keeping of records in electronic form, each of which shall be of the same legal effect, validity or enforceability as a manually executed signature or the use of a paper-based recordkeeping system, as the case may be, to the extent and as provided for in any applicable law, including the Federal Electronic Signatures in Global and National Commerce Act, the Delaware Uniform Electronic Transactions Act, the Pennsylvania Uniform Electronic Transactions Act, or any other similar state laws based on the Uniform Electronic Transactions Act. This First Amendment and any signed agreement or instrument entered into in connection with this First Amendment, and any amendments hereto or thereto, to the extent delivered by means of a facsimile machine or electronic mail (any such delivery, an "Electronic Delivery"), will be treated in all manner and respects as an original agreement or instrument and will be considered to have the same binding legal effect as if it were the original signed version thereof delivered in person. At the request of any party hereto or to any such agreement or instrument, each other party hereto or thereto will re-execute original forms thereof and deliver them to the all other party. parties. No party hereto or to any such agreement or instrument will raise the use of Electronic Delivery to deliver a signature or the fact that any signature or agreement or instrument was transmitted or communicated through the use of Electronic Delivery as a defense to the formation of a contract, and each such party forever waives any such defense, except to the extent such defense related to lack of authenticity. 2 5. AUTHORITY. By their execution of this First Amendment, the undersigned parties hereby confirm that: (1) the Company has all corporate right, power and authority to enter into this First Amendment and to consummate the transactions contemplated hereby, (2) all corporate action on the part of the Company, its directors and stockholders necessary for the authorization, execution, delivery and performance of this First Amendment by the Company, the authorization, sale, issuance and delivery of the Securities contemplated herein and the performance of the Company's obligations hereunder has been taken, and (3) this First Amendment has been (or upon delivery will have been) duly executed and delivered by the Company and constitute the legal, valid and binding obligation of the Company, enforceable against the Company in accordance with its terms, except: (i) as limited by general equitable principles and applicable bankruptcy, insolvency, reorganization, moratorium and other laws of general application affecting enforcement of creditors' rights generally, (ii) as limited by laws relating to the availability of specific performance, injunctive relief or other equitable remedies and (iii) insofar as indemnification and contribution provisions may be limited by applicable law.
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Construction. Unless otherwise defined herein, capitalized terms shall have the meanings set forth in the Merger Agreement. The terms of this First Amendment amend and modify the Merger Agreement as if fully set forth in the Merger Agreement. Upon the effectiveness of this First Amendment, all references in the Merger Agreement to "the Agreement" or "this Agreement," as applicable, shall refer to the Merger Agreement, as modified by this First Amendment. If there is any conflict between the terms, conditions
... and obligations of this First Amendment and the Merger Agreement, this First Amendment's terms, conditions and obligations shall control. All other provisions of the Merger Agreement not specifically modified by this First Amendment are expressly preserved. This First Amendment may be executed in multiple counterparts and transmitted by facsimile, by electronic mail in portable document format ("PDF") form or by any other electronic means intended to preserve the original graphic and pictorial appearance of a Party's signature, with each such counterpart, facsimile or PDF signature constituting an original and all of which together constituting one and the same original.
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Construction.
Unless otherwise defined herein, capitalized terms shall have the meanings set forth in the Merger Agreement. The terms of this First Amendment amend and modify the Merger Agreement as if fully set forth in the Merger Agreement. Upon the effectiveness of this First Amendment, all references in the Merger Agreement to "the Agreement" or "this Agreement," as applicable, shall refer to the Merger Agreement, as modified by this First Amendment. If there is any conflict between the terms, conditions
... and obligations of this First Amendment and the Merger Agreement, this First Amendment's terms, conditions and obligations shall control. All other provisions of the Merger Agreement not specifically modified by this First Amendment are expressly preserved. This First Amendment may be executed preserved and remain in multiple counterparts full force and transmitted by facsimile, by electronic mail in portable document format ("PDF") form or by any other electronic means intended to preserve the original graphic and pictorial appearance of a Party's signature, with each such counterpart, facsimile or PDF signature constituting an original and all of which together constituting one and the same original. effect.
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Construction. Unless otherwise defined herein, capitalized terms shall have the meanings set forth in the
Merger Purchase Agreement. The terms of this First Amendment amend and modify the
Merger Purchase Agreement as if fully set forth in the
Merger Purchase Agreement. Upon the effectiveness of this First Amendment, all references in the
Merger Purchase Agreement to "the Agreement" or "this Agreement," as applicable, shall refer to the
Merger Purchase Agreement, as modified by this First Amendment. If there
... is any conflict between the terms, conditions and obligations of this First Amendment and the Merger Purchase Agreement, this First Amendment's terms, conditions and obligations shall control. All other provisions of the Merger Purchase Agreement not specifically modified by this First Amendment are expressly preserved. This First Amendment may be executed in multiple counterparts and transmitted by facsimile, by electronic mail in portable document format ("PDF") form or by any other electronic means intended to preserve the original graphic and pictorial appearance of a Party's signature, with each such counterpart, facsimile or PDF signature constituting an original and all of which together constituting one and the same original. 3 6. AUTHORITY. By their execution of this First Amendment, the undersigned Parties hereby confirm that they are duly authorized to execute this First Amendment and any necessary requisite approval has been obtained with respect to this First Amendment and all matters set forth herein.
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Construction. The parties hereto acknowledge and agree that the language of this Release Agreement shall be construed as a whole according to its fair meaning and not strictly for or against any of the parties.
Construction. The parties hereto acknowledge and agree that the language of this
Release Agreement shall be construed as a whole according to its fair meaning and not strictly for or against any of the parties.
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Construction. Unless otherwise defined herein, capitalized terms shall have the meanings set forth in the Agreement and the Notes. The terms of this First Amendment amend and modify the Agreement and the Notes as if fully set forth in the Agreement and the Notes. If there is any conflict between the terms, conditions and obligations of this First Amendment and the Agreement or the Notes, this First Amendment's terms, conditions and obligations shall control. All other provisions of the Agreement and the
... Notes not specifically modified by this First Amendment are preserved. 5 8. COUNTERPARTS; ELECTRONIC TRANSMISSION. This First Amendment may be executed in one or more counterparts and by facsimile, each of which shall constitute an original and all of which together shall constitute one and the same instrument. Signatures of the parties transmitted by facsimile or via .pdf format shall be deemed to be their original signatures for all purposes. The words "execution," "signed," "signature," and words of like import shall be deemed to include electronic signatures or the keeping of records in electronic form, each of which shall be of the same legal effect, validity or enforceability as a manually executed signature or the use of a paper-based recordkeeping system, as the case may be, to the extent and as provided for in any applicable law, including the Federal Electronic Signatures in Global and National Commerce Act, the Delaware Electronic Transactions Act, or any other similar state laws based on the Uniform Electronic Transactions Act. This First Amendment and any signed agreement or instrument entered into in connection with this First Amendment, and any amendments hereto or thereto, to the extent delivered by means of a facsimile machine or electronic mail (any such delivery, an "Electronic Delivery"), will be treated in all manner and respects as an original agreement or instrument and will be considered to have the same binding legal effect as if it were the original signed version thereof delivered in person. At the request of any party hereto or to any such agreement or instrument, each other party hereto or thereto will re-execute original forms thereof and deliver them to the other party. No party hereto or to any such agreement or instrument will raise the use of Electronic Delivery to deliver a signature or the fact that any signature or agreement or instrument was transmitted or communicated through the use of Electronic Delivery as a defense to the formation of a contract, and each such party forever waives any such defense, except to the extent such defense related to lack of authenticity.
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Construction. Unless otherwise defined herein, capitalized terms shall have the meanings set forth in the
Agreement and the Notes. Sublicense Agreement. The terms of this
First Amendment amend and modify the
Sublicense Agreement
and the Notes as if fully set forth in the
Agreement and the Notes. Sublicense Agreement. If there is any conflict between the terms, conditions and obligations of this
First Amendment and the
Agreement or the Notes, Sublicense Agreement, this
First Amendment's terms, conditions and
... obligations shall control. All other provisions of the Sublicense Agreement and the Notes not specifically modified by this First Amendment are preserved. 5 8. COUNTERPARTS; ELECTRONIC TRANSMISSION. 1 4. Counterparts; Electronic Transmission. This First Amendment may be executed in one or more counterparts and by facsimile, each of which shall constitute an original and all of which together shall constitute one and the same instrument. Signatures of the parties transmitted by facsimile or via .pdf format shall be deemed to be their original signatures for all purposes. The words "execution," "signed," "signature," and words of like import shall be deemed to include electronic signatures or the keeping of records in electronic form, each of which shall be of the same legal effect, validity or enforceability as a manually executed signature or the use of a paper-based recordkeeping system, as the case may be, to the extent and as provided for in any applicable law, including the Federal Electronic Signatures in Global and National Commerce Act, the Delaware Michigan Uniform Electronic Transactions Act, or any other similar state laws based on the Uniform Electronic Transactions Act. This First Amendment and any signed agreement or instrument entered into in connection with this First Amendment, and any amendments hereto or thereto, to the extent delivered by means of a facsimile machine or electronic mail (any such delivery, an "Electronic Delivery"), will be treated in all manner and respects as an original agreement or instrument and will be considered to have the same binding legal effect as if it were the original signed version thereof delivered in person. At the request of any party hereto or to any such agreement or instrument, each other party hereto or thereto will re-execute original forms thereof and deliver them to the other party. No party hereto or to any such agreement or instrument will raise the use of Electronic Delivery to deliver a signature or the fact that any signature or agreement or instrument was transmitted or communicated through the use of Electronic Delivery as a defense to the formation of a contract, and each such party forever waives any such defense, except to the extent such defense related to lack of authenticity.
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Construction.
Unless otherwise defined herein, capitalized terms shall have the meanings set forth in the Agreement and the Notes. The terms of this First Amendment amend and modify the
Securities Purchase Agreement
and the Notes as if fully set forth in the
Securities Purchase Agreement. Upon the effectiveness of this First Amendment, all references in the Securities Purchase Agreement
and to "the Agreement" or "this Agreement," as applicable, shall refer to the
Notes. Securities Purchase Agreement, as... modified by this First Amendment. If there is any conflict between the terms, conditions and obligations of this First Amendment and the Agreement or the Notes, Securities Purchase Agreement, this First Amendment's terms, conditions and obligations shall control. All other provisions of the Securities Purchase Agreement and the Notes not specifically modified by this First Amendment are expressly preserved. 5 8. COUNTERPARTS; ELECTRONIC TRANSMISSION. This First Amendment may be executed in one or more counterparts and by facsimile, each of which shall constitute an original and all of which together shall constitute one and the same instrument. Signatures of the parties transmitted by facsimile or via .pdf format shall be deemed to be their original signatures for all purposes. The words "execution," "signed," "signature," and words of like import shall be deemed to include electronic signatures or the keeping of records in electronic form, each of which shall be of the same legal effect, validity or enforceability as a manually executed signature or the use of a paper-based recordkeeping system, as the case may be, to the extent and as provided for in any applicable law, including the Federal Electronic Signatures in Global and National Commerce Act, the Delaware Uniform Electronic Transactions Act, the Pennsylvania Uniform Electronic Transactions Act, or any other similar state laws based on the Uniform Electronic Transactions Act. This First Amendment and any signed agreement or instrument entered into in connection with this First Amendment, and any amendments hereto or thereto, to the extent delivered by means of a facsimile machine or electronic mail (any such delivery, an "Electronic Delivery"), will be treated in all manner and respects as an original agreement or instrument and will be considered to have the same binding legal effect as if it were the original signed version thereof delivered in person. At the request of any party hereto or to any such agreement or instrument, each other party hereto or thereto will re-execute original forms thereof and deliver them to the all other party. parties. No party hereto or to any such agreement or instrument will raise the use of Electronic Delivery to deliver a signature or the fact that any signature or agreement or instrument was transmitted or communicated through the use of Electronic Delivery as a defense to the formation of a contract, and each such party forever waives any such defense, except to the extent such defense related to lack of authenticity. 2 5. AUTHORITY. By their execution of this First Amendment, the undersigned parties hereby confirm that: (1) the Company has all corporate right, power and authority to enter into this First Amendment and to consummate the transactions contemplated hereby, (2) all corporate action on the part of the Company, its directors and stockholders necessary for the authorization, execution, delivery and performance of this First Amendment by the Company, the authorization, sale, issuance and delivery of the Securities contemplated herein and the performance of the Company's obligations hereunder has been taken, and (3) this First Amendment has been (or upon delivery will have been) duly executed and delivered by the Company and constitute the legal, valid and binding obligation of the Company, enforceable against the Company in accordance with its terms, except: (i) as limited by general equitable principles and applicable bankruptcy, insolvency, reorganization, moratorium and other laws of general application affecting enforcement of creditors' rights generally, (ii) as limited by laws relating to the availability of specific performance, injunctive relief or other equitable remedies and (iii) insofar as indemnification and contribution provisions may be limited by applicable law.
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Construction. This Agreement is the result of negotiations between the parties, and no party shall be deemed to be the drafter of this Agreement; accordingly, this Agreement shall be interpreted and construed without any presumption or inference based upon or against the party causing this Agreement to be prepared. The language of this Agreement shall in all cases be construed as a whole, according to its fair meaning and not strictly for or against any party. Unless the context of the Agreement clearly
... requires otherwise: (a) references to the plural include the singular, the singular the plural, and the part the whole; (b) "or" has the inclusive meaning frequently identified with the phrase "and/or"; (c) "including" has the inclusive meaning frequently identified with the phrase "including but not limited to" or "including but without limitation"; (d) references to one gender include all genders; and (e) references to "herein," "hereunder," "hereof" or "herein below" relate to the Agreement as a whole. Any reference in this Agreement to any statute, rule, regulation or agreement (including this Agreement) shall be deemed to include such statute, rule, regulation, or agreement as it may be modified, varied, amended, or supplemented from time to time.
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Construction.
This Agreement is The titles of the
result of negotiations between the parties, and no party shall be deemed to be the drafter of this Agreement; accordingly, this Agreement shall be interpreted and construed without any presumption or inference based upon or against the party causing this Agreement to be prepared. The language sections of this Agreement
shall are for convenience of reference only and are not to be considered in
all cases be construed as a whole, according to its fair meaning... and not strictly for or against any party. construing these the terms of this Agreement. Unless the context of the Agreement terms clearly requires otherwise: (a) (i) references to the plural include the singular, the singular the plural, and the part the whole; (b) whole, (ii) "or" has the inclusive meaning frequently identified with the phrase "and/or"; (c) "and/or," (iii) "including" has the inclusive meaning frequently identified with the phrase "including but not limited to" or "including but without limitation"; (d) limitation," and (iv) references to one gender include all genders; and (e) references to "herein," "hereunder," "herein" or "hereof" or "herein below" relate to the this Agreement as a whole. Any reference in this Agreement to any statute, rule, regulation or agreement (including agreement, including this Agreement) Agreement, shall be deemed to include such statute, rule, regulation, regulation or agreement as it may be modified, varied, amended, amended or supplemented from time to time. The Parties agree that this Agreement shall be fairly interpreted in accordance with its terms without any strict construction in favor of or against either Party and that ambiguities shall not be interpreted against the drafting party. 10 20. FURTHER ACTIONS. Each Party agrees to execute, acknowledge and deliver such further instruments, and to do all such other acts, as may be necessary or appropriate in order to carry out the purposes and intent of this Agreement.
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Construction.
This The captions and headings used in this Agreement
is the result are for convenience of
negotiations between the parties, reference only and
no party shall be deemed are not to be
considered in construing the
drafter of this Agreement; accordingly, this Agreement shall be interpreted and construed without any presumption or inference based upon or against the party causing this Agreement to be prepared. The language of this Agreement shall in all cases be construed as a whole, according to... its fair meaning and not strictly for or against any party. Agreement. Unless the context of the Agreement clearly requires otherwise: otherwise, as used herein: (a) references to the plural include the singular, the singular the plural, and the part the whole; (b) references to one gender include all genders; (c) "and" and "or" has each have the inclusive meaning frequently identified with the phrase "and/or"; (c) (d) "including" has the inclusive meaning frequently identified with the phrase "including but not limited to" or "including but without limitation"; (d) references to one gender include all genders; and (e) references any reference to "herein," "hereunder," "hereof" or "herein below" relate to the Agreement as a whole. Any reference in this Agreement to any statute, rule, regulation or agreement (including agreement, including this Agreement) Agreement, shall be deemed to include such statute, rule, regulation, regulation or agreement as it may be modified, varied, amended, amended or supplemented from time to time.
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Construction. This Agreement is the result of negotiations between the parties, and no party shall be deemed to be the drafter of this Agreement; accordingly, this Agreement shall be interpreted and construed without any presumption or inference based upon or against the party causing this Agreement to be prepared. The language of this Agreement shall in all cases be construed as a whole, according to its fair meaning and not strictly for or against any party. Unless the context of the Agreement clearly
... requires otherwise: (a) references to the plural include the singular, the singular the plural, and the part the whole; (b) "or" has the inclusive meaning frequently identified with the phrase "and/or"; (c) "including" has the inclusive meaning frequently identified with the phrase "including but not limited to" or "including but without limitation"; (d) references to one gender include all genders; and (e) references to "herein," "hereunder," "hereof" or "herein below" relate to the Agreement as a whole. Any reference in this Agreement to any statute, rule, regulation or agreement (including this Agreement) shall be deemed to include such statute, rule, regulation, or agreement as it may be modified, varied, amended, or supplemented from time to time.
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Construction.
This Agreement is The titles of the
result of negotiations between the parties, and no party shall be deemed to be the drafter of this Agreement; accordingly, this Agreement shall be interpreted and construed without any presumption or inference based upon or against the party causing this Agreement to be prepared. The language sections of this Agreement
shall are for convenience of reference only and are not to be considered in
all cases be construed as a whole, according to its fair meaning... and not strictly for or against any party. construing these the terms of this Agreement. Unless the context of the Agreement terms clearly requires otherwise: (a) (i) references to the plural include the singular, the singular the plural, and the part the whole; (b) whole, (ii) "or" has the inclusive meaning frequently identified with the phrase "and/or"; (c) "and/or," (iii) "including" has the inclusive meaning frequently identified with the phrase "including but not limited to" or "including but without limitation"; (d) limitation," and (iv) references to one gender include all genders; and (e) references to "herein," "hereunder," "herein" or "hereof" or "herein below" relate to the this Agreement as a whole. Any reference in this Agreement to any statute, rule, regulation or agreement (including agreement, including this Agreement) Agreement, shall be deemed to include such statute, rule, regulation, regulation or agreement as it may be modified, varied, amended, amended or supplemented from time to time. The Parties agree that this Agreement shall be fairly interpreted in accordance with its terms without any strict construction in favor of or against either Party and that ambiguities shall not be interpreted against the drafting party. 10 20. FURTHER ACTIONS. Each Party agrees to execute, acknowledge and deliver such further instruments, and to do all such other acts, as may be necessary or appropriate in order to carry out the purposes and intent of this Agreement.
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Construction.
This The captions and headings used in this Agreement
is the result are for convenience of
negotiations between the parties, reference only and
no party shall be deemed are not to be
considered in construing the
drafter of this Agreement; accordingly, this Agreement shall be interpreted and construed without any presumption or inference based upon or against the party causing this Agreement to be prepared. The language of this Agreement shall in all cases be construed as a whole, according to... its fair meaning and not strictly for or against any party. Agreement. Unless the context of the Agreement clearly requires otherwise: otherwise, as used herein: (a) references to the plural include the singular, the singular the plural, and the part the whole; (b) references to one gender include all genders; (c) "and" and "or" has each have the inclusive meaning frequently identified with the phrase "and/or"; (c) (d) "including" has the inclusive meaning frequently identified with the phrase "including but not limited to" or "including but without limitation"; (d) references to one gender include all genders; and (e) references any reference to "herein," "hereunder," "hereof" or "herein below" relate to the Agreement as a whole. Any reference in this Agreement to any statute, rule, regulation or agreement (including agreement, including this Agreement) Agreement, shall be deemed to include such statute, rule, regulation, regulation or agreement as it may be modified, varied, amended, amended or supplemented from time to time.
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Construction. The parties hereto and their respective legal counsel participated in the preparation of this Agreement; therefore, this agreement shall be construed neither against nor in favor of any of the parties hereto, but rather in accordance with the fair meaning thereof.
Construction. The parties hereto and their respective legal counsel participated in the preparation of this Agreement; therefore, this
agreement Agreement shall be construed neither against nor in favor of any of the parties hereto, but rather in
accordance accordm1ce with the fair meaning thereof.
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Construction. The parties hereto and their respective legal counsel participated in the preparation of this Agreement; therefore, this agreement shall be construed neither against nor in favor of any of the parties hereto, but rather in accordance with the fair meaning thereof.
Construction. The parties hereto and their respective legal counsel participated in the preparation of this Agreement; therefore, this
agreement Agreement shall be construed neither against nor in favor of any of the parties hereto, but rather in
accordance accordm1ce with the fair meaning thereof.
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