CONSTRUCTION OF THIS DEED. 2.1 Where in this Deed reference is made to any clause, paragraph, schedule or recital such reference (unless the context otherwise requires) is a reference to a clause, paragraph, schedule or recital in this Deed.
2.2 Words importing the singular meaning where the context so admits include the plural meaning and vice versa.
2.3 Words of the masculine gender include the feminine and neuter genders and words denoting actual persons include companies, corporations and firms and all such words shall be construed interchangeably in that manner.
2.4 Wherever more than one person named as a party and where more than one party undertakes an obligation all their obligations can be enforced against all of them jointly and severally unless there is an express provision otherwise.
2.5 Any reference to an Act of Parliament or Directive of the European Union shall include any modification, extension or re-enactment of that Act or Directive for the time being in force and shall include all instruments, orders, plans, regulations, permissions and directions for the time being made, issued or given under that Act or Directive or deriving validity from it.
2.6 Any references to any party to this Deed shall include the successors in title to that party and to any person deriving title through or under that party and in the case of the [District/Borough] Council and County Council the successors to their respective statutory functions.
2.7 The headings are for reference only and shall not affect construction.
2.8 Any covenant by the [Owner(s)/Developer] not to do an act or thing shall be deemed to include an obligation not to permit or suffer such act or thing to be done by another person.
CONSTRUCTION OF THIS DEED. 2.1. Where in this Agreement reference is made to any clause paragraph or schedule or recital such reference (unless the context otherwise requires) is a reference to a clause paragraph or schedule or recital in this Agreement
2.2. Words importing the singular meaning where the context so admits include the plural meaning and vice versa
2.3. Words of the masculine gender include the feminine and neuter genders and words denoting actual persons include companies corporations and firms and all such words shall be construed interchangeable in that manner
2.4. Wherever there is more than one person named as a party and where more than one party undertakes an obligation all their obligations can be enforced against all of them jointly and against each individually unless there is an express provision otherwise
2.5. Any reference to an Act of Parliament shall include any modification, extension or re-enactment of that Act for the time being in force and shall include all instruments orders plans regulations permissions and directions for the time being made issued or given under that Act or deriving validity from it
2.6. References to any party to this Agreement shall include the successors in title to that party and to any deriving title through or under that party and in the case of the Council the successors to its respective statutory functions
CONSTRUCTION OF THIS DEED. Where in this Deed reference is made to any clause, paragraph or schedule or recital such reference (unless the context otherwise requires) is a reference to a clause, paragraph or schedule or recital in this Deed.
CONSTRUCTION OF THIS DEED. 3.1 Where in this Deed reference is made to clause, paragraph, or schedule or recital such reference (unless the context requires otherwise) is a reference to a clause paragraph or schedule or recital in this Deed
3.2 References to any party to this Deed shall include the successors in title to that party and any deriving title through or under that party and in the case of the Authority the successors to their respective statutory functions
3.3 Where there is more than one person named as a party and where more than one party undertakes an obligation all their obligations can be enforced against all of them jointly and against each individually unless there is an express provision otherwise
3.4 Words of the masculine gender include the feminine and neuter genders
3.5 Words importing the singular shall be construed as importing the plural and vice versa unless stated otherwise.
3.6 The clause and paragraph headings in the body of this Deed and in the Schedule do not form part of this Deed and shall not be taken into account in its construction or interpretation.
3.7 Any reference to an Act of Parliament shall include any modification, extension or re- enactment of that Act for the time being in force and shall include all instruments, orders, plans, regulations, permissions and directions for the time being made, issued or given under that Act or deriving validity from it.
CONSTRUCTION OF THIS DEED. 2.1 Where in this Deed reference is made to any clause, paragraph or schedule or recital such reference (unless the context otherwise requires) is a reference to a clause, paragraph or schedule or recital in this Deed.
2.2 Words importing the singular meaning where the context so admits include the plural meaning and vice versa.
2.3 Words of the masculine gender include the feminine and neuter genders and words denoting actual persons include companies, corporations and firms and all such words shall be construed interchangeable in that manner.
2.4 Wherever more than one person is a party and/or where more than one party undertakes an obligation all their obligations can be enforced against all of them jointly and against each individually.
CONSTRUCTION OF THIS DEED. 2.1. Words importing the masculine include the feminine and neuter gender and vice versa
2.2. Words importing the singular include the plural and vice versa
2.3. Words importing persons include companies corporations and vice versa and all such words shall be construed interchangeable in that manner
2.4. Wherever there is more than one person named as a party and where more than one party undertakes an obligation (including by becoming a successor in title) all their obligations can be enforced against all of them jointly and against each individually
2.5. Insofar as different parts of or interests in the Land are owned by different persons each person Covenants with the Council and with one another to co-operate insofar as they are able to ensure that the Covenants herein on behalf of “the Owner” are fulfilled as expeditiously as possible
2.6. The headings throughout this Deed are for convenience only and shall not be taken into account in the construction and interpretation of this Deed
2.7. Any reference to a clause paragraph schedule or plan is to one in to or attached to this Deed and any reference to this Deed includes any schedule, plan, annexure or other attachment to this Deed
2.8. In the absence of contrary provision any reference to a Council document to be completed which is annexed or referred to in this Deed shall be the Council document which is current and in force at the date of its completion
2.9. In the absence of contrary provision any reference to a statute or statutory instrument includes any statute or statutory instrument amending consolidating or replacing them respectively from time to time and for the time being in force and reference to a statute includes any statutory instrument direction or specification made or issued under the statute or deriving validity from it
2.10. References to any party to this Deed shall include the successors in title to that party and to any deriving title through or under that party and successors to any statutory functions of the Council
2.11. Covenants to do or not to do an action shall include respectively a covenant to permit or not to permit that action to be done
CONSTRUCTION OF THIS DEED. In this Deed, except where the context clearly requires otherwise:
3.1 References to clauses, paragraphs or schedules are to the clauses, paragraphs or schedules in this Deed
3.2 References to any party (other than the First Occupier) includes the successors in title to that party and any deriving title through or under that party and in the case of the Authority the successors to its respective statutory functions
3.3 Where there is more than one person named as a party and where more than one party undertakes an obligation all their obligations shall be joint and several
3.4 The singular includes the plural, the masculine includes the feminine and neuter and vice versa.
3.5 The headings in the body of this Deed and in the schedules do not form part of this Deed and shall not be taken into account in its construction or interpretation.
3.6 Any reference to an Act of Parliament or statutory provision shall include any amendment, modification, extension or re-enactment of that provision for the time being in force, and shall include all instruments, orders, plans, regulations, permissions and directions for the time being made, issued or given under an Act of Parliament or deriving validity from it.
3.7 The schedules to this Deed form part of (and are incorporated into) this Deed.
CONSTRUCTION OF THIS DEED. 1.1 The provisions of the Original Agreement relating to its interpretation apply to this Deed except to the extent that they are expressly varied by this Deed.
1.2 References to the Original Agreement in this Deed shall be construed as meaning the Original Agreement as varied by the Supplemental Agreement.
1.3 The Original Agreement shall be varied in the manner set out in clause 3 of this Deed.
1.4 The definitions, clauses, obligations and provisions of the Original Agreement shall remain in full force and effect except as varied or added to by this Deed and shall continue to be applicable to the Site in respect of the Site as defined in the Original Agreement and remain to be performed to the extent that they have not already been performed.
1.5 Save where the context otherwise requires the expressions used in this Deed shall have the same meaning or meanings as those stated in the Original Agreement.
1.6 Headings contained in this Deed are for reference purposes only and are not incorporated into the Deed and shall not be deemed to be an indication of the meaning of the parts of this Deed to which they relate
1.7 Any reference to an Act of Parliament shall include any modification, extension or re-enactment of that Act for the time being in force and shall include all instruments, orders, plans regulations, permissions and directions for the time being made, issued or given under that Act or deriving validity from it.
CONSTRUCTION OF THIS DEED. 2.1 In this Agreement:
2.1.1 where in this Agreement reference is made to any clause paragraph or schedule or recital or table such reference (unless the context otherwise requires) is a reference to a clause paragraph or schedule or recital or table in this Agreement;
2.1.2 any reference to an Act of Parliament shall include any modification extension or re-enactment of that Act for the time being in force and shall include all instruments orders plans regulations permissions and directions for the time being made issued or given under that Act or deriving validity from it;
2.1.3 the headings and contents list are for reference only and shall not affect construction;
2.1.4 any notice, notification, consent, approval, agreement, request, statement or details to be made, given or submitted under or in connection with this Agreement shall be made or confirmed in writing;
2.1.5 references to the Application Site include any part of it;
2.1.6 references to any other party to this Agreement shall include the successors in title to that party and to any person deriving title through or under that party and in the case of the Council and/or the County Council the successors to its statutory functions;
CONSTRUCTION OF THIS DEED. 2.1. In the absence of any contrary provision, where in this Deed reference is made to any clause, paragraph or schedule or recital such reference (unless the context otherwise requires) is a reference to a clause, paragraph, sub-paragraph or schedule or recital in this Deed.
2.2. Words importing the singular meaning where the context so admits include the plural meaning and vice versa.
2.3. Words of the masculine gender include the feminine and neuter genders and words denoting actual persons include companies, corporations and firms and all such words shall be construed interchangeably in that manner.
2.4. Wherever there is more than one person named as a Party to this Deed and where more than one Party undertakes an obligation all their obligations can be enforced against all of them jointly and against each individually unless there is an express provision otherwise.
2.5. In the absence of any contrary provision, any reference to an Act of Parliament shall include any modification, extension or re-enactment of that Act for the time being in force and shall include all instruments, orders, plans regulations, permissions and directions for the time being made, issued or given under that Act or deriving validity from it.
2.6. References to any Party to this Deed shall include the successors in title to that Party and to any person deriving title through or under that Party and in the case of the District Council and the County Council shall include any successor to their respective statutory functions.
2.7. Where in this Deed any Party covenants not to act such covenant shall include an obligation not to permit or suffer such an act by another person.
2.8. Headings are for ease of reference and shall not be construed as part of this Deed.
