Counterparts and Interpretation. 27.1 This Agreement may be executed in any number of counterparts, each of which shall be deemed an original.
27.2 In the event an ambiguity or question of intent or interpretation arises, 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 authorship of any of the provisions of this Agreement.
27.3 Any reference to any federal, state, local, or foreign statute or law shall be deemed also to refer to all rules and regulations promulgated thereunder, unless the context requires otherwise.
27.4 The word "including" in this Agreement shall mean "including without limitation".
Counterparts and Interpretation. The Agreement may be executed in any number of counterparts, electronically, via facsimile or in portable document format (PDF), all of which taken together shall constitute one single agreement between the Parties. Headings are for convenience only and are not to be considered in construing or interpreting the Agreement. The terms “include,” “includes,” and “including,” whether or not capitalized, mean “include, but are not limited to,” “includes, but is not limited to,” and “including, but not limited to,” respectively and are to be construed as inclusive, not exclusive.
Counterparts and Interpretation. 34 28. SEVERABILITY............................................................................................34 29. WAIVERS.................................................................................................35 30. AMENDMENTS..............................................................................................35 31. TIME IS OF THE ESSENCE..................................................................................35 32. APPROVALS...............................................................................................35 33.
Counterparts and Interpretation. 31.1 This Agreement may be executed in two (2) counterparts, both of which shall be deemed an original.
31.2 In the event an ambiguity or question of intent or interpretation arises, 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 authorship of any of the provisions of this Agreement.
31.3 Any reference to any federal, state, local, or foreign statute or law shall be deemed also to refer to all rules and regulations promulgated thereunder, unless the context requires otherwise.
31.4 The words “include”, “includes” and “including” in this Agreement shall not be Limiting and shall be deemed in all instances to be followed by the phrase “without limitation”.
31.5 References to Articles and Sections herein are cross-references to Articles and Sections, respectively, in this Agreement, unless otherwise stated.
31.6 The headings or section titles contained in this Agreement are inserted solely for convenience and do not constitute a part of this Agreement between the Parties, nor should they be used to aid in any manner in the construction of this Agreement.
Counterparts and Interpretation. This License Agreement may be executed in any number of counterparts and by PDF or facsimile signature, each of which shall be deemed to be an original, but all of which together shall constitute one and the same instrument. Headings are for convenience only and are not to be considered in construing or interpreting this License Agreement. Each Party has participated substantially in the negotiation and drafting of this License Agreement and each Party agrees that any ambiguity herein should not be construed against either Party. Whenever required by the context, any gender shall include any other gender, the singular shall include the plural and the plural shall include the singular.
Counterparts and Interpretation. This Agreement may be executed in two or more counterparts, each of which will take effect as an original and all of which shall evidence one and the same agreement. In addition, any counterpart signature page may be executed and delivered by facsimile or portable document format ("PDF") and any such faxed or PDF signature pages may be attached to one or more counterparts of this Agreement, and such faxed or PDF signature(s) shall have the same force and effect as if original signatures had been executed and delivered in person. Capitalized terms not defined herein shall have the meanings set forth in the Acquisition Agreement.
Counterparts and Interpretation. This Agreement may be executed in two or more counterparts and such counterparts together shall constitute one and the same instrument binding upon all the parties hereto notwithstanding that all of such parties may not have executed the same counterpart. This Agreement shall be construed and interpreted in accordance with the laws of the State of California. [The Signature Page Follows]
Counterparts and Interpretation. 1) This Amendment No. 2 may be executed in any number of counterparts, each of which shall be deemed an original.
2) In the event of ambiguity or question of intent or interpretation arises, this Amendment No. 2 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 authorship of any of the provisions of this Amendment No. 2.
Counterparts and Interpretation. This Agreement may be executed electronically and in two (2) or more counterparts, which taken together constitute one single contract between the Parties. References to Sections and Exhibits are references to sections of, and exhibits to, this Agreement unless otherwise stated. The titles and headings of the Sections of, and Exhibits to, this Agreement are for reference only and shall not be deemed to modify the substantive provisions of this Agreement. The singular or plural number as used in this Agreement shall each be deemed to include the other wherever the context so admits. References to (1) persons include an individual, company, corporation, partnership or public body; and (2) days means calendar days unless otherwise referred to as “business days”. The words and phrases “other”, “including” and “in particular” shall be construed without limitation and shall not limit the generality of any preceding words. References to any legislation shall include – from time to time – (i) any subordinate legislation made under it; (ii) any modifications made to it; and (iii) any legislation which subsequently supersedes or re-enacts it (whether with or without modification). OneWeb Distribution Partner Agreement Fixed Version 1.12 (05 October 2023)
Counterparts and Interpretation. This Agreement may be executed in any number of duplicate originals and each duplicate original shall be deemed to be an original. The Parties agree that the “Whereas” paragraphs on pages 1, 2 and 3 of this Agreement are not mere recitals, but are fully effective and binding on the Parties. MANHATTAN DEVELOPMENT GROUP, LLC, a Kentucky limited liability company By: Its: CITY OF DAYTON, KENTUCKY By: Xxx Xxxxx, Mayor DAYTON INDEPENDENT BOARD OF EDUCATION By: Manhattan Harbour IRB 1 PIDN 999-99-33-462.00 Narrows 2 999-99-33-462.01 Marina 3 999-99-33-462.05 Marina 4 999-99-33-462.06 Marina 5 999-99-33-462.07 Marina 6 999-99-33-462.08 Marina 7 999-99-33-462.09 Marina 8 999-99-33-462.10 Marina 9 999-99-33-462.11 Lots 10 999-99-33-462.12 Lots 11 999-99-33-462.13 Lots 12 999-99-33-462.14 Lots 13 999-99-33-462.15 Lots 14 999-99-33-462.16 Lots 15 999-99-33-462.17 Lots 16 999-99-33-462.18 Lots 17 999-99-33-462.19 Lots 18 999-99-33-462.35 Lots 19 999-99-33-462.36 Lots 20 999-99-33-462.37 Lots 21 999-99-33-462.38 Lots 22 999-99-33-462.39 Lots 23 999-99-33-462.40 Lots 24 999-99-33-462.41 Lots 25 999-99-33-462.42 Lots 26 999-99-33-462.43 Lots 27 999-99-33-462.44 Lots 28 999-99-33-462.45 Lots 29 999-99-33-462.51 Lots 30 999-99-33-462.52 Lots 31 999-99-33-462.53 Lots 32 999-99-33-462.54 Lots 33 999-99-33-462.55 Lots 34 999-99-33-462.56 Lots 35 999-99-33-462.57 Lots AMONG MANHATTAN DEVELOPMENT GROUP, LLC, Borrower, Mortgagor CITY OF DAYTON, KENTUCKY, Issuer, Mortgagee Prepared by: Xxxxx X. Xxxxxxx, Esq. Xxxxxxx Muething & Xxxxxxx PLL Xxx Xxxx Xxxxxx Xxxxxx Xxxxx 0000 Xxxxxxxxxx, Xxxx 00000 Article I DEFINITIONS 7 Section 1.1 General 7 Section 1.2 Definitions 7 Article II PAYMENTS, TAXES, INSURANCE, MAINTENANCE, SUBSTITUTIONS, REMOVALS, LIENS, DAMAGE AND DESTRUCTION, CONDEMNATION, EXPENSES OF MORTGAGEE 9 Section 2.1 Nature of Lien and Limitation of Obligations 9 Section 2.2 PILOT Agreement 9 Section 2.3 Taxes and Other Charges/Insurance 9 Section 2.4 Condemnation 12 Section 2.5 Protection of Mortgagee 13 Article III EVENTS OF DEFAULT AND REMEDIES 15 Section 3.1 Events of Default 15 Section 3.2 Other Remedies 15 Section 3.3 Acceleration 15 Section 3.4 Surrender of Possession; Rights and Duties of Mortgagee in Possession 15 Section 3.5 Actions to Recover Amounts Due 16 Section 3.6 Foreclosure 16 Section 3.7 Appointment of Receiver 16 Section 3.8 Application of Moneys 16 Section 3.9 Rights and Remedies Cumulative; No Waiver or Release of Obligation 17 Section 3.10Termination of ...
