Common use of CONTRACT AND AMENDMENTS; CONSTRUCTION Clause in Contracts

CONTRACT AND AMENDMENTS; CONSTRUCTION. (a) This Contract and the Plans and the Specifications have been prepared in the English language, which shall control. The Contract has been signed in duplicate, one counterpart being retained by the Builder and one by the Buyer. The Plan and the Specifications have been signed in duplicate, one counterpart being retained by the Builder and one by the Buyer. (b) No representative of either party shall have authority to make, and neither party shall be bound by, nor liable for, any statement, representation, promise or agreement not set forth herein. No changes, amendments, or modifications shall be valid unless reduced to writing and signed by the Parties. (c) The validity, enforcement and interpretation of this Contract shall be governed by the Laws of England without regard to its conflicts of law rules. (d) The language of this Contract shall be construed simply according to its fair meaning and not strictly for or against any party. The headings of articles and paragraphs are for convenience only and do not limit or construe their contents. Capitalized words shall have the meanings defined where such terms occur in quotation marks in this Contract. All words used in any number or gender shall extend to include any other numbers or gender as the context may require. (e) If any provision of this Contract is capable of more than one construction, one of which would render the provision void and the other of which would render the provision valid, then the provision shall have the meaning which renders it valid. The word “including” shall be construed to include the words “without limitation.” (f) This Contract may be executed in multiple copies, each of which shall be deemed an original. (g) Every part of this Contract shall be considered severable. If for any reason any part of this Contract is held to be invalid, that determination shall not impair the other parts of this Contract. (h) A party may by written instrument unilaterally waive or reduce any obligation of the other under this Contract. No failure of either of the Parties to exercise any power reserved to either of them in this Contract, or to insist upon compliance by the other with any obligation or condition in this Contract and no custom or practice of the Parties at variance with the terms hereof, shall constitute a waiver of either party’s rights to demand exact compliance with any of the terms of this Contract. Waiver by either party of any particular default shall not affect or impair such party’s right with respect to any subsequent default of the same or of a different nature; nor shall any delay, forbearance, or omission of either party to exercise any power or right arising out of any breach or default by the other party of any of the terms, provisions, or covenants of this Contract affect or impair either party’s rights; nor shall such constitute a waiver by either party of any rights hereunder or rights to declare any subsequent breach or default.