Common use of Certain Interpretive Matters Clause in Contracts

Certain Interpretive Matters. (a) No provision of this Agreement shall be interpreted in favor of, or against, either of the parties hereto by reason of the extent to which any such party or its counsel participated in the drafting thereof or by reason of the extent to which any such provision is inconsistent with any prior draft hereof or thereof. (b) It is the Company’s intention and desire that the provisions of this Agreement be construed liberally, subject to their express terms, to maximize the protections to be provided to Indemnitee hereunder. (c) All references in this Agreement to Sections, paragraphs, clauses and other subdivisions refer to the corresponding Sections, paragraphs, clauses and other subdivisions of this Agreement unless expressly provided otherwise. Titles appearing at the beginning of any Sections, subsections or other subdivisions of this Agreement are for convenience only, do not constitute any part of such Sections, subsections or other subdivisions and shall be disregarded in construing the language contained in such subdivisions. The words “this Agreement,” “herein,” “hereby,” “hereunder,” and “hereof,” and words of similar import, refer to this Agreement as a whole and not to any particular subdivision unless expressly so limited. The word “or” is not exclusive, and the word “including” (in its various forms) means “including without limitation.” Pronouns in masculine, feminine or neuter genders shall be construed to state and include any other gender, and words, terms and titles (including terms defined herein) in the singular form shall be construed to include the plural and vice versa, unless the context otherwise expressly requires.

Appears in 12 contracts

Samples: Indemnification Agreement (Royal Gold Inc), Indemnification Agreement (Dell Technologies Inc.), Stockholders Agreement (Dell Technologies Inc)

AutoNDA by SimpleDocs

Certain Interpretive Matters. (a) No provision of this Agreement shall be interpreted in favor of, or against, either of the parties hereto by reason of the extent to which any such party or its counsel participated in the drafting thereof or by reason of the extent to which any such provision When a reference is inconsistent with any prior draft hereof or thereof. (b) It is the Company’s intention and desire that the provisions of this Agreement be construed liberally, subject to their express terms, to maximize the protections to be provided to Indemnitee hereunder. (c) All references made in this Agreement Note to SectionsSections or Exhibits, paragraphs, clauses and other subdivisions refer such reference will be to a Section of or Exhibit to this Note unless otherwise indicated. Whenever the corresponding Sections, paragraphs, clauses and other subdivisions of this Agreement unless expressly provided otherwise. Titles appearing at the beginning of any Sections, subsections or other subdivisions of this Agreement are for convenience only, do not constitute any part of such Sections, subsections or other subdivisions and shall be disregarded in construing the language contained in such subdivisions. The words “this Agreementinclude,” “includes” or “including” are used in this Note, they will be deemed to be followed by the words “without limitation.” Unless the context otherwise requires, (i) “or” is disjunctive but not necessarily exclusive, (ii) words in the singular include the plural and vice versa, (iii) the use in this Note of a pronoun in reference to a party hereto includes the masculine, feminine or neuter, as the context may require, (iv) the use in this Note of “day” will mean a calendar day unless indicated otherwise, (v) all references to $ or dollar amounts will be to lawful currency of the United States, and (vi) the words “herein,” ”, “hereby,” ”, “hereof”, and “hereunder,” and “hereof,” and other words of similar import, import refer to this Agreement Note as a whole and not to any particular section, paragraph or other subdivision unless expressly so limited. of this Note. (b) The word “or” is not exclusive, parties have participated jointly in the negotiation and drafting of this Note and the word “including” (other agreements, documents and instruments executed and delivered in its various forms) means “including without limitation.” Pronouns connection herewith with counsel sophisticated in masculineinvestment transactions. In the event an ambiguity or question of intent or interpretation arises, feminine or neuter genders shall this Note and the agreements, documents and instruments executed and delivered in connection herewith will be construed as if drafted jointly by the parties and no presumption or burden of proof will arise favoring or disfavoring any party by virtue of the authorship of any provisions of this Note and the agreements, documents and instruments executed and delivered in connection herewith. Without prejudice to state any party’s rights and include any other genderremedies for breach of a provision hereunder, and words, terms and titles (including terms defined herein) in the singular form shall this Note will not be interpreted or construed to include the plural require any Person to take any action, or fail to take any action, that would violate any applicable law. All Exhibits hereto will be deemed part of this Note and vice versa, unless the context otherwise expressly requiresincluded in any reference to this Note.

Appears in 2 contracts

Samples: Subordination Agreement (Skullcandy, Inc.), Subordination Agreement (Skullcandy, Inc.)

Certain Interpretive Matters. (a) No provision of this Agreement shall be interpreted in favor of, or against, either of the parties hereto by reason of the extent to which any such party or its counsel participated in the drafting thereof or by reason of the extent to which any such provision is inconsistent with any prior draft hereof or thereof. (b) It is the Company’s 's intention and desire that the provisions of this Agreement be construed liberally, subject to their express terms, to maximize the protections to be provided to Indemnitee hereunder. (c) All references in this Agreement to Sections, paragraphs, clauses and other subdivisions refer to the corresponding Sections, paragraphs, clauses and other subdivisions of this Agreement unless expressly provided otherwise. Titles appearing at the beginning of any Sections, subsections or other subdivisions of this Agreement are for convenience only, do not constitute any part of such Sections, subsections or other subdivisions and shall be disregarded in construing the language contained in such subdivisions. The words "this Agreement,” “" "herein,” “" "hereby,” “" "hereunder," and "hereof," and words of similar import, refer to this Agreement as a whole and not to any particular subdivision unless expressly so limited. The word "or" is not exclusive, and the word "including" (in its various forms) means "including without limitation." Pronouns in masculine, feminine or neuter genders shall be construed to state and include any other gender, and words, terms and titles (including terms defined herein) in the singular form shall be construed to include the plural and vice versa, unless the context otherwise expressly requires.

Appears in 2 contracts

Samples: Indemnification Agreement (Dell Technologies Inc.), Indemnification Agreement (Dell Technologies Inc)

AutoNDA by SimpleDocs

Certain Interpretive Matters. (a) No provision of this Agreement shall be interpreted in favor of, or against, either of the parties hereto by reason of the extent to which any such party or its counsel participated in the drafting thereof or by reason of the extent to which any such provision is inconsistent with any prior draft hereof or thereof. (b) It is the Company’s 's intention and desire that the provisions of this Agreement be construed liberally, subject to their express terms, to maximize the protections to be provided to Indemnitee hereunder. (c) All references in this Agreement to Sections, paragraphs, clauses and other subdivisions refer to the corresponding Sections, paragraphs, clauses and other subdivisions of this Agreement unless expressly provided otherwise. Titles appearing at the beginning of any Sections, subsections or other subdivisions of this Agreement are for convenience only, do not constitute any part of such Sections, subsections or other subdivisions and shall be disregarded in construing the language contained in such subdivisions. The words “this Agreement"THIS AGREEMENT,” “herein" "HEREIN,” “hereby" "HEREBY,” “hereunder" "HEREUNDER," and “hereof"HEREOF," and words of similar import, refer to this Agreement as a whole and not to any particular subdivision unless expressly so limited. The word “or” "OR" is not exclusive, and the word “including” "INCLUDING" (in its various forms) means "including without limitation." Pronouns in masculine, feminine or neuter genders shall be construed to state and include any other gender, and words, terms and titles (including terms defined herein) in the singular form shall be construed to include the plural and vice versa, unless the context otherwise expressly requires.

Appears in 1 contract

Samples: Indemnification Agreement (Dell Computer Corp)

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!