Construction Contract Clauses (10,671)

Construction. Wherever possible, each term and provision of this Agreement shall will be interpreted in such manner as to be effective and valid under applicable law. If any term or provision of this Agreement is invalid or unenforceable under applicable law, (a) the remaining terms and provisions shall will be unimpaired, and (b) the invalid or unenforceable term or provision shall will be deemed replaced by a term or provision that is valid and enforceable and that comes closest to expressing the intention... of the unenforceable term or provision. 6 11. Amendment; Waivers. This Agreement may not be modified, amended, waived or discharged in any manner except by an instrument in writing signed by both parties hereto. The waiver by either party of compliance with any provision of this Agreement by the other party will not operate or be construed as a waiver of any other provision of this Agreement, or of any subsequent breach by such party of a provision of this Agreement. View More

Construction. This First Amendment is a Loan Document. This First Amendment and the Credit Loan 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 First Amendment shall supersede and control the terms, provisions and conditions of the Credit Loan Agreement.

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.

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. 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. 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. Whenever used in this Agreement, the singular number will include the plural, and the plural number will include the singular, and the masculine or neuter gender shall include the masculine, feminine, or neuter gender. The headings of the Sections of this Agreement have been inserted for purposes of convenience and shall not be used for interpretive purposes. The Administrator shall have full discretion to interpret and administer this Agreement. Any actions or decisions by the Administrator in... connection with this Agreement shall be conclusive and binding upon Participant. 5 18. No Effect on Employment. Nothing contained in this Agreement shall be construed to limit or restrict the right of THG to terminate Participant's Employment at any time, with or without cause, or to increase or decrease Participant's compensation from the rate of compensation in existence at the time this Agreement is executed. View More

Construction. Unless the context of this Agreement clearly requires otherwise, references to the plural include the singular and vice versa, to the part include the whole, "including" is not limiting, and "or" has the inclusive meaning represented by the phrase "and/or." The words "hereof," "herein," "hereby," "hereunder," "hereunder" and similar terms in this Agreement refer to this Agreement as a whole and not to any particular provision of this Agreement. Section Article, section, subsection, exhibit, and... schedule references are to this Agreement, Agreement unless otherwise specified. View More

Construction. It is intended that the terms of the Award will not result in the imposition of any tax liability pursuant to Section 409A of the Code. This Award Agreement Certificate shall be construed and interpreted consistent with that intent. 9 19. intent.20. Clawback Policy. The Stock Units are Award is subject to the terms of the Corporation's recoupment, clawback or similar policy as it may be in effect from time to time, as well as any similar provisions of applicable law, any of which could in... certain circumstances require repayment or forfeiture of the Stock Units Award or any shares of Common Stock or other cash or property received with respect to the Stock Units Award (including any value received from a disposition of the shares acquired upon payment of the Stock Units). Award). View More

Construction. Headings in this Plan are included for convenience and are shall not to be considered in the interpretation of this the Plan. References to sections are to Sections of this Plan unless otherwise indicated. Pronouns shall be construed to include the masculine, feminine, neutral, singular or plural as the identity of the antecedent may require. This Plan is to shall be construed according to its fair meaning and is shall not to be strictly construed against the Company.