Construction Contract Clauses (10,726)

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.

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. 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. Each party acknowledges that it and its counsel have had the opportunity to review reviewed this Amendment; First Amendment and that the normal rule of construction shall not be applicable and there shall be no presumption that any ambiguities will be resolved against the drafting party in interpretation of this First Amendment.

Construction. Every agreement contained in this Consent is, and shall be construed as a separate and independent agreement. If any term of this Consent or the application thereof to any person or circumstances shall be invalid and unenforceable, the remaining provisions of this Consent, the application or such term to persons or circumstances other than those as to which it is invalid or unenforceable, shall not be affected. Each party has cooperated in the drafting and preparation of this Consent and, -9-... therefore, in any construction to be made of this Consent, the same shall not be construed against any party. This Consent shall be created and enforced in accordance with the laws of the Commonwealth of Massachusetts. Capitalized terms not otherwise defined herein shall have State in which the meanings ascribed to them in the Lease. Subleased Premises are located. View More

Construction. THIS NOTE SHALL BE CONSTRUED AND ENFORCED IN ACCORDANCE WITH THE LAWS OF THE CAYMAN ISLANDS, WITHOUT REGARD TO CONFLICT OF LAW PROVISIONS THEREOF.

Construction. THIS NOTE SHALL BE CONSTRUED AND ENFORCED IN ACCORDANCE WITH THE LAWS OF THE CAYMAN ISLANDS, WITHOUT REGARD TO CONFLICT OF LAW PROVISIONS THEREOF. This note shall be construed and enforced in accordance with the laws of Cayman Islands, without regard to conflict of law provisions thereof.

Construction. THIS NOTE SHALL BE CONSTRUED AND ENFORCED IN ACCORDANCE WITH THE LAWS OF THE CAYMAN ISLANDS, WITHOUT REGARD TO CONFLICT OF LAW PROVISIONS THEREOF. This note shall be construed and enforced in accordance with the laws of Cayman Islands, without regard to conflict of law provisions thereof.

Construction. No provision or construction of this Agreement shall be interpreted or construed against any party Party because that party Party or its legal representative drafted that provision. The captions and headings of the paragraphs Paragraphs of this Agreement are for convenience of reference only and are not to be considered in construing this Agreement. Unless the context of this Agreement clearly requires otherwise: (a) references to the plural include the singular, the singular the plural, and... the part the whole; whole, (b) references to one gender include all genders; genders, (c) "or" has the inclusive meaning frequently identified with the phrase "and/or"; "and/or," (d) "including" has the inclusive meaning frequently identified with the phrase "including but not limited to" or "including without limitation," (e) references to "hereunder," "herein" or "hereof" relate to this Agreement as a whole, and (f) the terms "dollars" and "$" refer to United States dollars. Paragraph, subparagraph, Section, subsection, exhibit and schedule paragraph references are to this Agreement as originally executed unless otherwise specified. Any reference herein to any statute, rule, regulation, regulation or Agreement, 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. Any reference herein to any person shall be deemed to include the heirs, personal legal representatives, successors successors, executors, administrators and permitted assigns of such person.21.ASSIGNABILITY; BINDING NATURE. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors, assigns, heirs, beneficiaries, and permitted assigns. No obligations of Matthews under this Agreement may be assigned or transferred by Matthews. In the event of Matthews' death, the payments provided for in this Agreement will be made to his spouse and, if none, to his estate, unless a different beneficiary has been designated by Matthews under an applicable plan or benefit. person. View More