Construction The parties agree that each of them and/or their respective counsel have reviewed and had an opportunity to revise the Transaction Documents and, therefore, the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of the Transaction Documents or any amendments thereto. In addition, each and every reference to share prices and shares of Common Stock in any Transaction Document shall be subject to adjustment for reverse and forward stock splits, stock dividends, stock combinations and other similar transactions of the Common Stock that occur after the date of this Agreement.
Section Headings The section headings contained in this Agreement are for reference purposes only and shall not affect in any way the meaning or interpretation of this Agreement.
Caption Headings Caption headings in this Agreement are for convenience purposes only and are not to be used to interpret or define the provisions of this Agreement.
SECTION HEADINGS AND SUBHEADINGS The section headings and subheadings contained in this Agreement are included for convenience only and shall not limit or otherwise affect the terms of this Agreement.
CONSTRUCTION OF HEADINGS The headings contained in this Agreement are included solely for the reader’s convenience and reference.
Headings; Construction The headings of the sections of this Note are inserted for convenience only and shall not be deemed to constitute a part hereof. Words used herein of any gender shall be construed to include any other gender where appropriate, and words used herein that are either singular or plural shall be construed to include the other where appropriate.
Construction Staking Contractor shall avoid careless or negligent damage to construction stakes, flags, or marks. If such damage occurs, Contractor shall be required to replace stakes necessary to construc- tion. Contractor’s replacement staking shall be approved by Forest Service. Alternatively, upon Contractor’s request, Contracting Officer may agree to perform such work under E.2.1.8. When A.7 shows that construction stakes are to be set by Forest Service after clearing, Contractor shall submit to Forest Service a written schedule for clearing, construction staking, and construction that will provide Forest Service a reasonable period for setting construction stakes. Time for setting construction stakes may be modified by written agreement. If Forest Service performs construction staking for Specified Roads, timing of such staking shall permit Contrac- tor’s clearing and other construction activity to proceed without hindrance or delay, provided Contractor’s construction activity is reasonably consistent with needs identified in Contractor’s Operating Schedule or amendments thereto. Should Forest Service be unable to perform construction staking in such reasonable period, upon written agree- ment, Contractor shall assume the responsibility for construction staking for agreed upon portions of Specified Roads. In such event, Contracting Officer shall revise:
Construction Completion The related Construction shall have been completed substantially in accordance with the related Plans and Specifications, the related Deed and all Applicable Laws, and such Leased Property shall be ready for occupancy and operation. All fixtures, equipment and other property contemplated under the Plans and Specifications to be incorporated into or installed in such Leased Property shall have been substantially incorporated or installed, free and clear of all Liens except for Permitted Liens.
Construction; Interpretation The headings herein are for convenience only, do not constitute a part of this Agreement and shall not be deemed to limit or affect any of the provisions hereof. The language used in this Agreement will be deemed to be the language chosen by the parties to express their mutual intent, and no rules of strict construction will be applied against any party. This Agreement shall be construed as if drafted jointly by the parties, and no presumption or burden of proof shall arise favoring or disfavoring any party by virtue of the authorship of any provisions of this Agreement. Unless otherwise indicated to the contrary herein by the context or use thereof: (i) the words, “herein,” “hereto,” “hereof” and words of similar import refer to this Agreement as a whole, including the Schedules and exhibits, and not to any particular section, subsection, paragraph, subparagraph or clause contained in this Agreement; (ii) masculine gender shall also include the feminine and neutral genders, and vice versa; (iii) words importing the singular shall also include the plural, and vice versa; (iv) the words “include,” “includes” or “including” shall be deemed to be followed by the words “without limitation”; (v) financial terms shall have the meanings given to such terms under GAAP unless otherwise specified herein; (vi) references to “$” or “dollar” or “US$” shall be references to United States dollars; (vii) where the context permits, the use of the term “or” will be non-exclusive and equivalent to the use of the term “and/or”; (viii) the word “extent” in the phrase “to the extent” shall mean the degree to which a subject or other thing extends, and such phrase shall not mean simply “if”; and (ix) if any action under this Agreement is required to be done or taken on a day that is not a Business Day or on which a government office is not open with respect to which a filing must be made, then such action shall be required to be done or taken not on such day but on the first succeeding Business Day thereafter.
Construction Methods No four course of brick-work, with three joints, shall exceed in height, when built, one inch more than the same bricks piles upon one another without mortar. The bricks are to be well soaked in water before use on works, in proper through so as to be thoroughly wet when layed. The Cessation of the bubbles through the water is an irldication of saturation being complete. For ensuring thorough soaking of the bricks every one or two bricklayers or more as necessary, shall be provided with tubs for use The wall of structures shall be carried up regularly in all cases 1` when the nature of the work will admit of it not leaving any part 915mm (3 feet) lower than another. Horizontal courses shalI be straight, level and even and faces of walls smooth and plumb. A straight edge and a plumb- xxx shall be used for constant checking during progress of the work. No brick-bats shall be permitted to be used except when necessary for obtaining the dimension of the different course or for obtaining the specified bond. All unfinished work must be raked back in course unless otherwise directed arid when new work is to be jointed to it the surface of unfinished work must be cleaned and wetted. The bricks shall be laid by placing sufficient mortar on the wall and forcing every brick into it in such a manner as to completely fill every joint with moratar whether at the bottom, side or end of the brick. The mortar to be used shall be that specified for the relevant schedule items and shall comply with the specification for the mortar specified. The bound used shall be English and shall be carried throughout the work. At all angles forming the junction of any two walls, the bricks shall, at each alternate course be carried into each of the respective walls, so as to thoroughly unite the work. V'Jhen the faces are to be plastered, the joints shall be well raked out before any plaster is laid on should the plaster from want of proper joint ranking detach and 7 fall off from the brick work, the contractor shall strip off the plaster bodily to the extent ordered by Superintending Engineer and shall re-do the work properly at his own expense. All requisite scaffolding shall be provided at the contractor's expense and shall be double i.e., must it have two sets of upright supports Care must be taken to ensure the safety of the work people and the contractor must comply with such instructions as the Superintending Engineer may issue to ensure such safety. The contractor will be entirely responsible for any damage or injuries to person or property resulting from ill-erected scaffolding, defective ladders, or otherwise arising out of his default in this respect. The brick work for the retaining wall shall proceed side by side with the depositing and compacting of earth between the retaining walls. At no time shall the brick-work be constructed more than 405mm (1'-4") above Y the compacted earth. In the retaining wall weep-holes shall be provided at suitable intervals as instructed during execution, with the inner surface of the weep-holed plastered 20mm (3/4") thick in cement mortar 1:4 crouched rock of grades in different layer shall be provided at the inner end of the weep-holes to prevent the choking of the weep-holes to have full drainage. No extra payment will be made for this and no deductions will be made for this in the brick-work.
