Common use of 2Construction Clause in Contracts

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”).

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”).

2Construction. The Parties have participated jointly in the negotiation and drafting of this Agreement. If an ambiguity or question of intent or interpretation arises, this Agreement will be construed as if drafted jointly by the Parties and no presumption or burden of proof will arise favoring or disfavoring any Party because of the authorship of any provision of this Agreement. Unless the context of this Agreement otherwise indicatedclearly requires, (ia) defined terms references to the plural 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 Appendicesthe singular include the plural, Exhibits, Schedules and other attachments thereto and instruments, agreements or other documents incorporated therein; (iiib) 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 Appendicesone gender include the other gender and neuter, 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; (viic) the words “include,” “includes” and “including” are do not limiting limit the preceding terms or words and shall be deemed to be followed by the words “without limitation,” whether or (d) the word “or” is not in fact followed by such words or words of like import; and exclusive, (viiie) the terms “hereof,” “herein,” “hereunder,” “hereto” and comparable similar terms in this Agreement refer to this entire Agreement with respect to which such terms are used as a whole and not to any particular Articleprovision of this Agreement, Section (f) unless otherwise specified, the terms “day” and “days” mean and refer to calendar day(s), and (g) unless otherwise specified, the terms “year” and “years” mean and refer to calendar year(s). Unless otherwise set forth herein, references in this Agreement to (i) any document, instrument or subdivision hereofagreement (including this Agreement) (A) include and incorporate all exhibits, schedules and other attachments thereto, (B) include all documents, instruments or agreements issued or executed in replacement thereof, and (C) mean such document, instrument or agreement, or replacement or predecessor thereto, as amended, modified or supplemented from time to time in accordance with its terms and in effect at any given time; and (ixii) a particular Law means such Law as amended, modified, supplemented or succeeded, from time to time and in effect at any given time at or prior to 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 Closing Date. Buyer shall give Seller written notice after the occurrence of the Effective Date. 2.1. 2The term All Article, Section, Exhibit and Schedule references herein are to Articles, Sections, Exhibits and Schedules of this Agreement shall begin on the Effective Date and shall remain in effect until the [seventh (7th) anniversary] of the Project COD Agreement, unless terminated earlier in accordance with the terms hereof (the “Term”)otherwise specified.