Common use of Construction and Application of Terms Clause in Contracts

Construction and Application of Terms. (a) Wherever in this Lease Agreement a third person singular, neuter pronoun or adjective is used referring to the Lessee, the same shall be taken and understood to refer to the Lessee, regardless of the actual gender or number thereof. (b) Whenever in this Lease Agreement the Lessee is placed under an obligation or covenants to do or to refrain from or is prohibited from doing, or is entitled or privileged to do, any act or thing, the following shall apply: (1) If the Lessee is a corporation, its obligations shall be performed or its rights or privileges shall be exercised only by its officers and employees; or (2) If the Lessee is an unincorporated association or a business or "Massachusetts" trust, the obligation shall be that of its members or trustees, as well as of itself, and shall be performed only by its members or trustees, and officers and employees, and the right or privilege shall be exercised only by its members or trustees, and its officers and employees; or (3) If the Lessee is a partnership, the obligation shall be that of its partners and shall be performed only by its partners and employees and the rights or privileges shall be exercised only by its partners and employees; or (4) If the Lessee is an individual, the obligations shall be that of himself (or herself) and shall be performed only by himself (or herself) and his (or her) employees and the right or privilege shall be exercised only by himself (or herself) and his (or her) employees. (5) None of the provisions of this paragraph (b) shall be taken to alter, amend or diminish any obligation of the Lessee assumed in relation to its invitees, customers, agents, representatives, contractors or other persons, firms or corporations doing business with it. (c) If more than one individual or other legal entity is the Lessee under this Lease Agreement, each and every obligation hereof shall be the joint and several obligation of each individual or other legal entity. (d) Unless otherwise stated in Section 4 of this Agreement entitled "Rights of Use by the Lessee," the rights of use herein granted to the Lessee with respect to the Demised Premises, shall be exercised by the Lessee only for its own account and, without limiting the generality of the foregoing, shall not be exercised as agent, representative, factor, broker, forwarder, bailee, or consignee without legal title to the subject matter of the consignment. (e) The Lessee's representative, set forth in Section 16 of this Lease Agreement (or such substitute as the Lessee may hereafter designate in writing), shall have full authority to act for the Lessee in connection with this Lease Agreement and any things done or to be done hereunder, and to execute on the Lessee's behalf any amendments or supplements to this Lease Agreement or any extension thereof. (f) This Lease Agreement does not constitute the Lessee as an agent or representative of the State for any purpose whatsoever. Neither a partnership nor any joint venture is hereby created. (g) All designations of time herein contained shall refer to the time system then officially in effect in the municipality wherein the Demised Premises are located. (h) No greater rights or privileges with respect to the Use of the Demised Premises, or any part thereof, or with respect to the Plaza are granted or intended to be granted to the Lessee by this Lease Agreement, or by any provision thereof, than the rights and privileges expressly granted hereby.

Construction and Application of Terms. (a) Wherever in this Lease Agreement a third person singular, neuter pronoun or adjective is used referring to the Lessee, the same shall be taken and understood to refer to the Lessee, regardless of the actual gender or number thereof. (b) Whenever in this Lease Agreement the Lessee is placed under an obligation or covenants to do or to refrain from or is prohibited from doing, or is entitled or privileged to do, any act or thing, the following shall apply: (1) If the Lessee is a corporation, its obligations shall be performed or its rights or privileges shall be exercised only by its officers and employees; or (2) If the Lessee is an unincorporated association or a business or "Massachusetts" trust, the obligation shall be that of its members or trustees, as well as of itself, and shall be performed only by its members or trustees, and officers and employees, and the right or privilege shall be exercised only by its members or trustees, and its officers and employees; or (3) If the Lessee is a partnership, the obligation shall be that of its partners and shall be performed only by its partners and employees and the rights or privileges shall be exercised only by its partners and employees; or (4) If the Lessee is an individual, the obligations shall be that of himself (or herself) and shall be performed only by himself (or herself) and his (or her) employees and the right or privilege shall be exercised only by himself (or herself) and his (or her) employees. (5) None of the provisions of this paragraph (b) shall be taken to alter, amend or diminish any obligation of the Lessee assumed in relation to its invitees, customers, agents, representatives, contractors or other persons, firms or corporations doing business with it. (c) If more than one individual or other legal entity is the Lessee under this Lease Agreement, each and every obligation hereof shall be the joint and several obligation of each individual or other legal entity. (d) Unless otherwise stated in Section 4 of this Agreement entitled "Rights of Use by the Lessee," the rights of use herein granted to the Lessee with respect to the Demised Premises, shall be exercised by the Lessee only for its own account and, without limiting the generality of the foregoing, shall not be exercised as agent, representative, factor, broker, forwarder, bailee, or consignee without legal title to the subject matter of the consignment. (e) The Lessee's representative, set forth in Section 16 of this Lease Agreement (or such substitute as the Lessee may hereafter designate in writing), shall have full authority to act for the Lessee in connection with this Lease Agreement and any things done or to be done hereunder, and to execute on the Lessee's behalf any amendments or supplements to this Lease Agreement or any extension thereof. (f) This Lease Agreement does not constitute the Lessee as an agent or representative of the State for any purpose whatsoever. Neither a partnership nor any joint venture is hereby created. (g) All designations of time herein contained shall refer to the time system then officially in effect in the municipality wherein the Demised Premises are located. (h) No greater rights or privileges with respect to the Use Use, as that term is defined in Section 4 of this Lease, of the Demised Premises, or any part thereof, or with respect to the Plaza Plaza, as that term is defined in Section 1(d) of this Lease, are granted or intended to be granted to the Lessee by this Lease Agreement, or by any provision thereof, than the rights and privileges expressly granted hereby.

Construction and Application of Terms. (a) Wherever in this Lease Agreement a third person singular, neuter pronoun or adjective is used referring to the Lessee, the same shall be taken and understood to refer to the Lessee, regardless of the actual gender or number thereof. (b) Whenever in this Lease Agreement the Lessee is placed under an obligation or covenants to do or to refrain from or is prohibited from doing, or is entitled or privileged to do, any act or thing, the following shall apply: (1) If the Lessee is a corporation, its obligations shall be performed performed, or its rights or privileges shall be exercised only by its officers and employees; or (2) If the Lessee is an unincorporated association or a business or "Massachusetts" trust, the obligation shall be that of its members or trustees, as well as of itself, and shall be performed only by its members or trustees, and officers and employees, and the right or privilege shall be exercised only by its members or trustees, and its officers and employees; or (3) If the Lessee is a partnership, the obligation shall be that of its partners and shall be performed only by its partners and employees and the rights or privileges shall be exercised only by its partners and employees; or (4) If the Lessee is an individual, the obligations shall be that of himself (or herself) and shall be performed only by himself (or herself) and his (or her) employees and the right or privilege shall be exercised only by himself (or herself) and his (or her) employees. (5) None of the provisions of this paragraph (b) shall be taken to alter, amend or diminish any obligation of the Lessee assumed in relation to its invitees, customers, agents, representatives, contractors or other persons, firms or corporations doing business with it. (c) If more than one individual or other legal entity is the Lessee under this Lease Agreement, each and every obligation hereof shall be the joint and several obligation of each individual or other legal entity. (d) Unless otherwise stated in Section 4 of this Agreement entitled "Rights of Use by the Lessee," the rights of use herein granted to the Lessee with respect to the Demised Premises, shall be exercised by the Lessee only for its own account and, without limiting the generality of the foregoing, shall not be exercised as agent, representative, factor, broker, forwarder, bailee, or consignee without legal title to the subject matter of the consignment. (e) The Lessee's representative, set forth in Section 16 of this Lease Agreement (or such substitute as the Lessee may hereafter designate in writing), shall have full authority to act for the Lessee in connection with this Lease Agreement and any things done or to be done hereunder, and to execute on the Lessee's behalf any amendments or supplements to this Lease Agreement or any extension thereof. (f) This Lease Agreement does not constitute the Lessee as an agent or representative of the State for any purpose whatsoever. Neither a partnership nor any joint venture is hereby created. (g) All designations of time herein contained shall refer to the time system then officially in effect in the municipality wherein the Demised Premises are located. (h) No greater rights or privileges with respect to the Use Use, as that term is defined in Section 4 of this Lease, of the Demised Premises, or any part thereof, or with respect to the Plaza Plaza, as that term is defined in Section 1(d) of this Lease, are granted or intended to be granted to the Lessee by this Lease Agreement, or by any provision thereof, than the rights and privileges expressly granted hereby.

Construction and Application of Terms. (a) Wherever in this Lease Agreement a third person singular, singular neuter pronoun or adjective is used referring to the Lessee, the same shall be taken and understood to refer to the Lessee, regardless of the actual gender or number thereof. (b) Whenever in this Lease Agreement the Lessee is placed under an obligation or covenants to do or to refrain from or is prohibited from form doing, or is entitled or privileged to do, any act or thing, the following shall apply: (1) If the Lessee is a corporation, its obligations shall be performed or its rights or privileges shall be exercised only by its officers officer and employees; or (2) If the Lessee is an unincorporated association or a business or "Massachusetts" trust, the obligation shall be that of its members or trustees, as well as of itself, and shall be performed only by its members or trustees, and officers and employees, and the right or privilege shall be exercised only by its members or trustees, and its officers and employees; or (3) If the Lessee is a partnership, the obligation shall be that of its partners and shall be performed only by its partners and employees and the rights or privileges shall be exercised only by its partners and employees; or (4) If the Lessee is an individual, the obligations shall be that of himself (or herself) and shall be performed only by himself (or herself) and his (or her) employees and the right or privilege shall be exercised only by himself (or herself) and his (or her) employees. (5) None of the provisions of this paragraph (b) shall be taken to alter, amend or diminish any obligation of the Lessee assumed in relation to its invitees, customers, agents, representatives, contractors or other persons, firms or corporations doing business with it. (c) If more than one individual or other legal entity is the Lessee under this Lease Agreement, each and every obligation hereof shall be the joint and several obligation of each such individual or other legal entity. (d) Unless otherwise stated in the Section 4 of this Agreement entitled "Rights of Use User by the Lessee," the rights of use herein user thereby granted to the Lessee with respect to the Demised Premises, premises shall be exercised by the Lessee only for its own account and, without limiting the generality of the foregoing, shall not be exercised as agent, representative, factor, broker, forwarder, bailee, or consignee without legal title to the subject matter of the consignment. (e) The Lessee's representative, set forth hereinbefore specified in Section 16 of this Lease Agreement (or such substitute as the Lessee may hereafter designate in writing), shall have full authority to act for the Lessee in connection with this Lease Agreement and any things done or to be done hereunder, and to execute on the Lessee's behalf any amendments or supplements to this Lease Agreement or any extension thereof. (f) This Lease Agreement does not constitute the Lessee as an Lessee, the agent or representative of the State Port Authority for any purpose whatsoever. Neither a partnership nor any joint venture is hereby created. (g) All designations of time herein contained shall refer to the time time-system then officially in effect in the municipality wherein the Demised Premises premises are located. (h) No greater rights or privileges with respect to the Use use of the Demised Premises, premises or any part thereof, thereof or with respect to the Plaza Facility are granted or intended to be granted to the Lessee by this Lease Agreement, or by any provision thereof, than the rights and privileges expressly granted hereby.

Construction and Application of Terms. (a) Wherever in this Lease Agreement a third person singular, singular neuter pronoun or adjective is used referring referred to the Lessee, the same shall be taken and understood to refer to the Lessee, regardless of the actual gender or number thereof. (b) Whenever in this Lease Agreement the Lessee is placed under an obligation or covenants to do or to refrain from or is prohibited from doing, or is entitled or privileged to do, any act or thing, the following shall apply: (1) If the Lessee is a corporation, its obligations shall be performed or its rights or privileges shall be exercised only by its officers and employees; or (2) If the Lessee is an unincorporated association or a business or "Massachusetts" trust, the obligation shall be that of its members or trustees, as well as of itself, and shall be performed only by its members or trustees, and officers and employees, and the right or privilege shall be exercised only by its members or trustees, and its officers and employees; or (3) If the Lessee is a partnership, the obligation shall be that of its partners and shall be performed only by its partners and employees and the rights or privileges shall be exercised only by its partners and employees; or (4) If the Lessee is an individual, the obligations shall be that of himself (or herself) and shall be performed only by himself (or herself) and his (or her) employees and the right or privilege shall be exercised only by himself (or herself) and his (or her) employees. (5) None of the provisions of this paragraph (b) shall be taken to alter, amend or diminish any obligation of the Lessee assumed in relation to its invitees, customers, agents, representatives, contractors or other persons, firms or corporations doing business with it. (c) If more than one individual or other legal entity is the Lessee under this Lease Agreement, each and every obligation hereof shall be the joint and several obligation of each such individual or other legal entity. (d) Unless otherwise stated in the Section 4 of this Agreement entitled "Rights of Use User by the Lessee," ", the rights of use herein user thereby granted to the Lessee with respect to the Demised Premises, premises shall be exercised by the Lessee only for its own account and, without limiting the generality of the foregoing, shall not be exercised as agent, representative, factor, broker, forwarder, bailee, or consignee without legal title to the subject matter of the consignment. (e) The Lessee's representative, set forth hereinbefore specified in Section 16 of this Lease Agreement (or such substitute as the Lessee may hereafter designate in writing), shall have full authority to act for the Lessee in connection with this Lease Agreement and any things done or to be done hereunder, and to execute on the Lessee's behalf any amendments or supplements to this Lease Agreement or any extension thereof. (f) This Lease Agreement does not constitute the Lessee as an Lessee, the agent or representative of the State Port Authority for any purpose whatsoever. Neither a partnership nor any joint venture is hereby created. (g) All designations of time herein contained shall refer to the time time-system then officially in effect in the municipality wherein the Demised Premises premises are located. (h) No greater rights or privileges with respect to the Use use of the Demised Premises, premises or any part thereof, thereof or with respect to the Plaza Facility are granted or intended to be granted to the Lessee by this Lease Agreement, or by any provision thereof, than the rights and privileges expressly granted hereby.