2Construction. Unless otherwise indicated, (i) defined terms include the plural as well as the singular; (ii) any agreement defined or referred to herein includes each amendment, modification and supplement thereto and waiver, approval and consent in respect thereof as may become effective from time to time and includes references to all Appendices, Exhibits, Schedules and other attachments thereto and instruments, agreements or other documents incorporated therein; (iii) any term defined by reference to any instrument, agreement or other document including but not limited to the [RFP], has such meaning set forth in such document as of the date hereof and unless expressly amended, such meaning shall remain in effect whether or not such document is subsequently amended, modified or terminated; (iv) a reference to any law or Legal Requirement includes any amendment, modification or successor thereto; (v) a reference to any Person includes its permitted successors and assigns; (vi) all references to Appendices, Articles, Sections, Schedules and Exhibits shall mean and refer to the respective Appendices, Articles, Sections, Schedules and Exhibits in or attached to this Agreement or any document in which such reference appears; (vii) the words “include,” “includes” and “including” are not limiting and shall be deemed to be followed by the words “without limitation” whether or not in fact followed by such words or words of like import; and (viii) the terms “hereof,” “herein,” “hereunder” and comparable terms refer to this entire Agreement with respect to which such terms are used and not to any particular Article, Section or subdivision hereof; and (ix) the word “day” means a “Day” as defined herein and includes each calendar day including Saturdays, Sundays and holidays. article 2: TERM OF AGREEMENT Term 2.1. 1This Agreement shall become effective on the Effective Date. Buyer shall give Seller written notice after the occurrence of the Effective Date. 2.1. 2The term of this Agreement shall begin on the Effective Date and shall remain in effect until the [seventh (7th) anniversary] of the Project COD unless terminated earlier in accordance with the terms hereof (the “Term”).
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Samples: Build Own Operate Transfer Agreement, Build Own Operate Transfer Agreement, Build Own Operate Transfer Agreement
2Construction. Unless the context of this Agreement otherwise indicatedclearly requires, (i) defined terms include the plural as well as the singular; (ii) any agreement defined or referred to herein includes each amendment, modification and supplement thereto and waiver, approval and consent in respect thereof as may become effective from time to time and includes references to all Appendices, Exhibits, Schedules and other attachments thereto and instruments, agreements or other documents incorporated therein; (iii) any term defined by reference to any instrument, agreement or other document including but not limited to the [RFP], has such meaning set forth in such document as following rules of the date hereof and unless expressly amended, such meaning construction shall remain in effect whether or not such document is subsequently amended, modified or terminated; (iv) a reference to any law or Legal Requirement includes any amendment, modification or successor thereto; (v) a reference to any Person includes its permitted successors and assigns; (vi) all references to Appendices, Articles, Sections, Schedules and Exhibits shall mean and refer to the respective Appendices, Articles, Sections, Schedules and Exhibits in or attached apply to this Agreement or any document in which such reference appearsand each of the other Loan Documents: (a) references to the plural include the singular, the plural, the part and the whole; (viib) the words “include,” “includes” and “including” are not limiting and shall be deemed to be followed by the words phrase “without limitation” whether or not in fact followed by such words or words of like import”; and (viiic) the terms words “hereof,” “herein,” “hereunder,” “hereto” and comparable similar terms in this Agreement or any other Loan Document refer to this entire Agreement with respect or such other Loan Document as a whole; (d) article, section, subsection, clause, schedule and exhibit references are to which such terms are used and not this Agreement or other Loan Document, as the case may be, unless otherwise specified; (e) reference to any particular ArticlePerson includes such Person’s successors and assigns; (f) reference to any agreement, Section including this Agreement and any other Loan Document together with the schedules and exhibits hereto or subdivision hereofthereto, document or instrument means such agreement, document or instrument as amended, modified, supplemented, replaced, substituted for, superseded or restated at any time and from time to time; (g) relative to the determination of any period of time, “from” means “from and including,” “to” means “to but excluding,” and “through” means “through and including”; (ixh) the words “asset” and “property” shall be construed to have the same meaning and effect and to refer to any and all tangible and intangible assets and properties, including cash, securities, accounts and contract rights; (i) section headings herein and in each other Loan Document are included for convenience and shall not affect the interpretation of this Agreement or such Loan Document; (j) any pronoun shall include the corresponding masculine, feminine and neuter terms; (k) reference to any Law or regulation herein shall refer to such Law or regulation as amended, modified or supplemented from time to time; (l) the word “daywill” means a shall be construed to have the same meaning and effect as the word “Day” as defined shall”; and (m) unless otherwise specified, all references herein and includes each calendar to times of day including Saturdaysshall be references to Denver, Sundays and holidays. article 2: TERM OF AGREEMENT Term
2.1. 1This Agreement shall become effective on the Effective Date. Buyer shall give Seller written notice after the occurrence of the Effective DateColorado time.
2.1. 2The term of this Agreement shall begin on the Effective Date and shall remain in effect until the [seventh (7th) anniversary] of the Project COD unless terminated earlier in accordance with the terms hereof (the “Term”).
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Samples: Term Loan Credit Agreement (Seaboard Corp /De/), Term Loan Credit Agreement (Seaboard Corp /De/)
2Construction. Except where the context otherwise requires, wherever used, the singular includes the plural, the plural the singular, the use of any gender shall be applicable to all genders and the word “or” is used in the inclusive sense (and/or). The table of contents and captions of this Agreement are for convenience of reference only and in no way define, describe, extend or limit the scope or intent of this Agreement or the intent of any provision contained in this Agreement. The term “including” (or its variations) as used herein does not limit the generality of any description preceding such term. The language of this Agreement shall be deemed to be the language mutually chosen by the Parties and no rule of strict construction shall be applied against either Party. Unless otherwise indicatedspecified or where the context otherwise requires, (ia) defined terms include the plural as well as the singularreferences in this Agreement to any Article, Section, Schedule or Exhibit are references to such Article, Section, Schedule or Exhibit of this Agreement and references to this Agreement are references to this Agreement and all Exhibits and Schedules hereto; (iib) references in any agreement defined or referred Section to herein includes each amendment, modification and supplement thereto and waiver, approval and consent in respect thereof as may become effective from time to time and includes any clause are references to all Appendices, Exhibits, Schedules and other attachments thereto and instruments, agreements or other documents incorporated thereinsuch clause of such Section; (iiic) any term defined by reference “hereof,” “hereto,” “hereby,” “herein” and “hereunder” and words of similar import when used in this Agreement refer to this Agreement as a whole and not to any instrument, agreement or other document including but not limited to the [RFP], has such meaning set forth in such document as particular provision of the date hereof and unless expressly amended, such meaning shall remain in effect whether or not such document is subsequently amended, modified or terminatedthis Agreement; (ivd) references to a reference Person are also to any law or Legal Requirement includes any amendment, modification or successor thereto; (v) a reference to any Person includes its permitted successors and assigns; (vie) all references to Appendicesa Law include any amendment or modification to such Law and any rules, Articlesregulations or legally binding guidelines issued thereunder, Sectionsin each case, Schedules and Exhibits shall mean and as in effect at the relevant time of reference thereto; (f) references to any agreement, instrument or other document in this Agreement refer to such agreement, instrument or other document as originally executed or, if subsequently amended, replaced or supplemented from time to time, as so amended, replaced or supplemented and in effect at the respective Appendices, Articles, Sections, Schedules and Exhibits in or attached to this Agreement or any document in which such relevant time of reference appearsthereto; (viig) “extent” in the words phrase “include,to the extent” means the degree to which a subject or other thing extends, and such phrase does not mean simply “includes” if”; (h) references to monetary amounts are denominated in United States Dollars; and “including” are not limiting and (i) references to days (excluding Business Days) or months shall be deemed references to be followed by calendar days or months. As between the words “without limitation” whether Parties, in the event of any conflict or not in fact followed by such words or words difference of like import; and (viii) any kind between the terms “hereof,” “herein,” “hereunder” and comparable terms refer to this entire Agreement with respect to which such terms are used and not to provisions of any particular ArticleAncillary Agreement, Section or subdivision hereof; and (ix) the word “day” means a “Day” as defined herein and includes each calendar day including Saturdays, Sundays and holidays. article 2: TERM OF AGREEMENT Term
2.1. 1This Agreement shall become effective on the Effective Date. Buyer shall give Seller written notice after one hand, and the occurrence of the Effective Date.
2.1. 2The term provisions of this Agreement shall begin (including the Exhibits or Schedules hereto), on the Effective Date and other hand, this Agreement shall remain control in effect until the [seventh (7th) anniversary] of the Project COD unless terminated earlier in accordance with the terms hereof (the “Term”)all respects.
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