Common use of Construction of Certain Terms and Phrases Clause in Contracts

Construction of Certain Terms and Phrases. Titles appearing at the beginning of any Articles, Sections, subsections or other subdivisions of this Agreement are for convenience only, do not constitute any part of such Articles, Sections, subsections or other subdivisions, and shall be disregarded in construing the language contained therein. 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 words “this Section,” “this subsection,” and words of similar import, refer only to the Sections or subsections hereof in which such words occur. 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. Unless the context otherwise requires, all defined terms contained herein shall include the singular and plural and the conjunctive and disjunctive forms of such defined terms, and the term “Annex,” “Exhibit” or “Schedule” shall refer to an Annex, Exhibit or Schedule attached to this Agreement. All references to the Code, U.S. Treasury regulations or other governmental pronouncements shall be deemed to include references to any applicable successor statute, regulations or amending pronouncement.

Construction of Certain Terms and Phrases. Titles appearing at the beginning of any Articles, Sections, subsections or other subdivisions of this Agreement are for convenience only, do not constitute any part of such Articles, Sections, subsections or other subdivisions, and shall be disregarded in construing the language contained therein. 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 words “this Section,” “this subsection,” and words of similar import, refer only to the Sections or subsections hereof in which such words occur. 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. Unless the context otherwise requires, all defined terms contained herein shall include the singular and plural and the conjunctive and disjunctive forms of such defined terms, and the term “Annex,” “Exhibit” or “Schedule” shall refer to an Annex, Exhibit or Schedule attached to this Agreement. All references to the Code, U.S. Treasury regulations or other governmental pronouncements shall be deemed to include references to any applicable successor statute, regulations or amending pronouncement.. US 1104132v.7

Construction of Certain Terms and Phrases. Titles appearing at the beginning of any Articles, Sections, subsections subsections, or other subdivisions of this Agreement are for convenience only, do not constitute any part of such Articles, Sections, subsections or other subdivisions, and shall be disregarded in construing the language contained therein. 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 words “"this Section,” “" "this subsection,” " and words of similar import, refer only to the Sections or subsections hereof in which such words occur. The word “"or” " is not exclusive, and the word “"including” " (in its various forms) means “"including without limitation.” " Pronouns in masculine, feminine feminine, or neuter genders shall be construed to state and include any other gender and words, terms 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. Unless the context otherwise requires, all defined terms contained herein shall include the singular and plural and the conjunctive and disjunctive forms of such defined terms, and the term “"Annex,” “" "Exhibit” " or “"Schedule” " shall refer to an Annex, Exhibit or Schedule attached to this Agreement. All references to the Code, U.S. Treasury regulations or other governmental pronouncements shall be deemed to include references to any applicable successor statute, regulations or amending pronouncement.

Construction of Certain Terms and Phrases. Titles appearing at the beginning of any Articles, Sections, subsections subsections, or other subdivisions of this Agreement are for convenience only, do not constitute any part of such Articles, Sections, subsections or other subdivisions, and shall be disregarded in construing the language contained therein. 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 words “this Section,” “this subsection,” and words of similar import, refer only to the Sections or subsections hereof in which such words occur. The word “or” is not exclusive, and the word “including” (in its various forms) means “including without limitation.” Pronouns in masculine, feminine feminine, or neuter genders shall be construed to state and include any other gender and words, terms 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. Unless the context otherwise requires, all defined terms contained herein shall include the singular and plural and the conjunctive and disjunctive forms of such defined terms, and the term “Annex,” “Exhibit” or “Schedule” shall refer to an Annex, Exhibit or Schedule attached to this Agreement. All references to the Code, U.S. Treasury regulations or other governmental pronouncements shall be deemed to include references to any applicable successor statute, regulations or amending pronouncement.

Construction of Certain Terms and Phrases. Titles appearing at the beginning of any Articles, Sections, subsections or other subdivisions of this Agreement are for convenience only, do not constitute any part of such Articles, Sections, subsections or other subdivisions, and shall be disregarded in construing the language contained therein. The words “"this Agreement,” “" "herein,” “" "hereby,” “" "hereunder,” " and “"hereof,” " and words of similar import, refer to this Agreement as a whole whole, including any Annexes, Exhibits and Schedules hereto and any Coal Purchase Orders issued hereunder, and not to any particular subdivision unless expressly so limited. The words “"this Section,” “" "this subsection,” " and words of similar import, refer only to the Sections or subsections hereof in which such words occur. The word “"or” " is not exclusive, and the word “"including” " (in its various forms) means “"including without limitation.” " Pronouns in masculine, feminine feminine, or neuter genders shall be construed to state and include any other gender and words, terms 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. Unless the context otherwise requires, all defined terms contained herein shall include the singular and plural and the conjunctive and disjunctive forms of such defined terms, and the term “"Annex,” “" "Exhibit” " or “"Schedule” " shall refer to an Annex, Exhibit or Schedule attached to this Agreement. All references References to the Code, U.S. Treasury regulations or other governmental pronouncements any agreement shall be deemed to include references any amendments or modifications thereto. References to the Real Property Easement Agreement shall be deemed to include any applicable successor statute, regulations or amending pronouncementreplacements thereof as contemplated by Section 2.3(d) of the Real Property Easement Agreement.