DEFINITIONS, INTERPRETATION AND GENERAL PRINCIPLES Sample Clauses

DEFINITIONS, INTERPRETATION AND GENERAL PRINCIPLES. Definitions
Sample 1
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DEFINITIONS, INTERPRETATION AND GENERAL PRINCIPLES. 1.1 Definitions In this Deed, unless the context otherwise requires: "Act of Prevention" is an act of prevention (which, if an omission, must be an omission in bad faith) of the State or a Victorian Government Agency which prevents, hinders or disrupts either the Company or the Trustee in the implementation of the Project in accordance with the Project Documents, or the ability of the Company to satisfy its obligations under this Deed with respect to the levying of tolls, unless: (a) it would not have occurred but for: (i) a breach of a Project Document by, or the negligence or recklessness of, the Company, the Trustee or any Contractor; (ii) the occurrence of an event or the existence of a circumstance the risk of which has been accepted, or the occurrence of a matter or event, responsibility for which has been accepted, by the Company or the Trustee under the Project Documents; (iii) the lack of legal capacity, or corporate or trustee powers of, or breach of duty by, the Company or the Trustee; (iv) an act of the State or of a Victorian Government Agency in good faith and in the proper exercise of a right granted by a Project Document; or (v) an act taken in good faith which the State or the Victorian Government Agency is empowered to take in performance of a duty imposed by Law, but even if taken in good faith this sub-paragraph (v) would not apply to an act if there was another act reasonably and practicably available (and not materially more disadvantageous to the State or the (A) would not have constituted an Act of Prevention; or (B) would have had a materially less adverse effect on the Company or the Trustee; or (b) it is an event specified in clause 2.9(a); (c) items 7 or 11 of the Appendix applies to it; (d) the State bears the risk under sub- paragraph 12.8(b)(ii) in relation to it; (e) it is a change of the type described in paragraph 4(a), 4(b), 4(c) or 4(d) of the Appendix (without regard to any other paragraph); (f) paragraph 2.4(b) applies to it; (g) it constitutes the removal of an Agreed Traffic Management Measure or a Non-Agreed Traffic Management Measure; (h) it is a failure to provide support required under sub-paragraph 2.4(a)(i) or would have been such a failure but for sub- paragraph 2.4(a)(i)(E), (F) and (G); or (i) it is any change in transport policy.
Sample 1

Related to DEFINITIONS, INTERPRETATION AND GENERAL PRINCIPLES

  • Definitions Interpretation 1.1. As used in this Agreement, the following terms have the following meanings:

  • Definitions Interpretations For purposes of this Agreement, except as otherwise expressly provided or unless the context otherwise requires, the following terms shall have the following respective meanings:

  • Certain Definitions; Interpretation (a) For purposes of this Agreement, the following terms shall have the following meanings:

  • Principles of Interpretation and Definitions (1) The singular includes the plural and the plural the singular. The pronouns “it” and “its” include the masculine and feminine. References to statutes or regulations include all statutory or regulatory provisions consolidating, amending, or replacing the statute or regulation. References to contracts and agreements shall be deemed to include all amendments to them. The words “include,” “including,” etc. mean include, including, etc. without limitation. (2) References to a “Section” or “section” shall mean a section of this contract. (3) “Contract” and “Agreement,” whether or not capitalized, refer to this instrument. (4) “Duties” includes obligations.

  • Interpretation and Rules of Construction In this Agreement, except to the extent otherwise provided or that the context otherwise requires: (a) when a reference is made in this Agreement to an Article, Section, Exhibit or Schedule, such reference is to an Article or Section of, or an Exhibit or Schedule to, this Agreement unless otherwise indicated; (b) the table of contents and headings for this Agreement are for reference purposes only and do not affect in any way the meaning or interpretation of this Agreement; (c) whenever the words “include,” “includes” or “including” are used in this Agreement, they are deemed to be followed by the words “without limitation”; (d) the words “hereof,” “herein” and “hereunder” and words of similar import, when used in this Agreement, refer to this Agreement as a whole and not to any particular provision of this Agreement; (e) all terms defined in this Agreement have the defined meanings when used in any certificate or other document made or delivered pursuant hereto, unless otherwise defined therein; (f) the definitions contained in this Agreement are applicable to the singular as well as the plural forms of such terms; (g) references to a Person are also to its successors and permitted assigns; and (h) the use of “or” is not intended to be exclusive unless expressly indicated otherwise.

  • Other Definitional Provisions; Interpretation (a) The words “hereof,” “herein,” and “hereunder” and words of similar import when used in this Agreement refer to this Agreement as a whole and not to any particular provision of this Agreement, and references in this Agreement to a designated “Article” or “Section” refer to an Article or Section of this Agreement unless otherwise specified. (b) The headings in this Agreement are included for convenience of reference only and do not limit or otherwise affect the meaning or interpretation of this Agreement. (c) The meanings given to terms defined herein are equally applicable to both the singular and plural forms of such terms.

  • Definitions Principles of Construction Section 1.1. Definitions 1 Section 1.2. Principles of Construction 16

  • Definitions and Principles of Interpretation The following definitions in clause 1.1 shall be replaced as follows:

  • Interpretation and Definitions 2.01 For the purpose of this Agreement:

  • Definitions Interpretation and Accounting Terms Defined Terms 1 Section 1.2 Computation of Time Periods 17 Section 1.3 Accounting Terms and Principles 18 Section 1.4 Conversion of Foreign Currencies 18 Section 1.5 Certain Terms 18

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