Drafting Conventions. Any use herein of the phrase "and/or" shall be deemed to mean both "and" and "or". Any use herein of the phrase "including" shall be deemed to mean "including, without limitation". The masculine gender used herein shall be deemed to include the feminine and neuter genders, and vice-versa, and the singular or plural shall be deemed to include the plural or singular, as the case may be, when required by context. All terms defined herein shall be deemed to include the past tense of such terms.
Drafting Conventions. Unless expressly stated therein or the context otherwise requires, the Loan Documents will be interpreted in accordance with the following (the "Drafting Conventions"): (a) the words "include," "includes," and "including" are to be read as if they were followed by the phrase "without limitation"; (b) unless otherwise expressly stated, terms and provisions applicable to two or more Persons shall apply on an individual, as well as collective basis; (c) headings and captions are provided for convenience only and do not affect the meaning of the text which follows; (d) references to a parcel or tract of real estate means, without limitation, the land described, and any and all improvements located thereupon and all easements or other rights or interests benefiting that land; (e) references to an agreement or instrument means that agreement or instrument, together with all extensions, renewals, modifications, substitutions and amendments thereof, subject to any restrictions thereon in that agreement or instrument or in the Loan Documents; (F) ANY REPORT OR DOCUMENT TO BE RECEIVED BY LENDER SHALL BE SATISFACTORY IN FORM AND CONTENT TO LENDER; (G) WHEREVER (I) LENDER EXERCISES ANY RIGHT GIVEN TO IT TO APPROVE OR DISAPPROVE, (II) ANY ARRANGEMENT OR TERM IS TO BE SATISFACTORY TO LENDER, OR (III) ANY OTHER DECISION OR DETERMINATION IS TO BE MADE BY LENDER, THEN EXCEPT AS MAY BE OTHERWISE EXPRESSLY AND SPECIFICALLY PROVIDED THEREIN, THE DECISION TO APPROVE OR DISAPPROVE, ALL DECISIONS THAT ARRANGEMENTS OR TERMS ARE SATISFACTORY OR NOT SATISFACTORY, AND ALL OTHER DECISIONS AND DETERMINATIONS MADE BY LENDER, SHALL BE IN THE SOLE DISCRETION OF LENDER, WITHOUT REGARD FOR THE ADEQUACY OF ANY SECURITY FOR THE OBLIGATIONS; (h) whenever by the terms of the Loan Documents, Borrower is prohibited from taking an action or permitting the occurrence of some circumstance, Borrower shall not, directly or indirectly take that action or permit that circumstance, or directly or indirectly permit any Subsidiary to take that action or permit that circumstance; (i) evidence of the occurrence or non-occurrence of any event, or the existence or non-existence of any circumstance to be delivered to Lender must be in a form satisfactory to Lender; (j) unless specified otherwise, references to a statute or regulation means that statute or regulation as amended or supplemented from time to time and any corresponding provisions of successor statutes or regulations; (k) unless otherwise specified...
Drafting Conventions. The plural of any term includes the singular, and the singular of any term includes the plural, as the case may be. All dates in this agreement refer to calendar days. All periods of time listed in this agreement are calculated by excluding the day of the event that triggers the period, counting each day within the period (including intermediate Saturdays, Sundays, and legal holidays in Orem, Utah), and including the last day of the period, except that if the last day is a Saturday, a Sunday, or a legal holiday in Orem, Utah, then the period continues to run until the end of the next day that is not a Saturday, a Sunday, or a legal holiday in Orem, Utah.
Drafting Conventions. The section headings contained in this Agreement are inserted for convenience only and shall not affect in any way the meaning or interpretation of this Agreement. Each defined term used in this Agreement has a comparable meaning when used in its plural or singular form. Each gender-specific term used herein has a comparable meaning whether used in a masculine, feminine or gender-neutral form. As used in this Agreement, the word “including” shall be deemed to mean “including, without limitation” and, unless otherwise expressly provided, shall not limit the words or terms preceding such word.
Drafting Conventions. The following drafting conventions are used in this Contract:
Drafting Conventions. The language in all parts of this Agreement shall in all cases be construed according to its fair meaning and not against the drafting party. Section headings are for convenience only and are not intended to be a part of this Agreement nor shall they in any way limit, define or amplify the provisions hereof. Time shall be of the essence with respect to any time periods prescribed herein.
Drafting Conventions. The descriptive headings used for Articles and Sections of this Agreement are inserted for convenience only and are not to constitute substantive material in the construction or interpretation of this Agreement. Any reference in this Agreement to an “Article” or a “Section” means the relevant Article or Section of this Agreement only, unless stated otherwise. As used in this Agreement unless the context dictates otherwise, (a) pronouns of any gender include the masculine, feminine, and neuter genders as appropriate; (b) singular words include the plural, and the plural the singular; (c) the word “or” is disjunctive but not necessarily exhaustive; (d) the words “any” and “all” both have the inclusive meaning “any and all”; and (e) the word “including” means “including, but not limited to” the specific items or matters listed. Any reference in this Agreement to a “Schedule” refers to the correspondingly numbered schedule in the Members Disclosure Schedule. Any reference in this Agreement to an “Exhibit” means the referenced Exhibit attached to this Agreement. Any reference in this Agreement to a number of days means a number of calendar days, unless stated otherwise. Any reference to an amount of money means such amount in United States dollars, unless stated otherwise. All accounting terms used but not otherwise defined in this Agreement have the meanings given to them under GAAP, unless stated otherwise.
Drafting Conventions. When used in this Agreement: (i) references to a person are, unless the context otherwise requires, also to its heirs, executors, legal representatives, successors and assigns, as applicable, (ii) "hereof," "herein," "hereunder" and comparable terms refer to the entire instrument in which such terms are used and not to any particular article, section or other subdivision thereof or attachment thereto, (iii) references to any gender include, unless the context otherwise requires, references to all genders, and references to the singular include, unless the context otherwise requires, references to the plural, and vice versa, (iv) references to an "Article," "Section" or another subdivision or to an attachment are, unless the context otherwise requires, to an article, section or subdivision of this Agreement, (v) "include," "includes," and "including" shall be deemed to be followed by "without limitation" whether or not in fact followed by such words or words of like import, and (vi) the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party will not be employed in the interpretation of this Agreement.
Drafting Conventions. The section headings and captions of this lease are, and the arrangement of this lease is, for the sole convenience of the parties to this lease. The section headings, captions, and arrangement of this lease do not in any way affect, limit, amplify or modify the terms and provisions of this lease. The lease is not to be construed as if it had been prepared by one of the parties, but rather as if both parties have prepared it. The parties to this lease and their counsel have read and reviewed this lease and agree that any rule of construction to the effect that ambiguities are to be resolved against the drafting party does not apply to the interpretation of this lease. The definitions in this lease apply equally to both singular and plural forms of the terms defined. If any date specified in this lease as a date for taking action falls on a day that is not a business day, then that action must be taken on the next business day. Tenant hereby represents and warrants that it is a limited liability company duly organized and validly existing under the laws of the State of California. The parties are signing this lease as of the Effective Date. CONTRA COSTA COUNTY, a political XXXX VILLAGE APARTMENT Subdivision of the State of California. COMPANY, LP By By Xxxx Xxxx Name: Director of Airports Its: By Xxxx Xxx Assistant Director of Airports By Xxxxxx X. Xxxxxx, Chief Assistant County Counsel By Xxxxxxxx X. Xxxxxx, Deputy County Counsel EXHIBIT A LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE UN- INCORPORATED AREA, COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA AND IS DESCRIBED AS FOLLOWS: PORTIONS OF RANCHO MONTE DEL DIABLO, DESCRIBED AS FOLLOWS: PARCEL ONE: Commencing at the point on intersection of the center line of Concord A venue and the proposed center line of Meridian Park Boulevard, as said center lines are shown on Map of Subdivision 3258, filed April 28, 1965 in Book 104 of Maps, at Page 1, Official Records of said County; thence from point of commencement along the center line of the proposed northwesterly extension of Meridian Park Boulevard, north 40°28'23" west, 53.34 feet to the northwest line of said Concord Avenue; thence along said northwest line, being parallel to and 52 feet, right angle measurement, from said center line ("L2" Line) of Concord Avenue, north 62°23'00" east, 209.01 feet to the true point of beginning; thence from said point of beginning continuing along said parallel and northwest line of Concord Avenue no...
Drafting Conventions. The article, section and subsection headings contained in this Agreement are included for convenience only and shall not affect in any way the meaning, construction or interpretation of this Agreement or any of its provisions. As used in this Agreement, unless otherwise expressly provided herein or a clear contrary intention appears: (a) each word using the singular number shall also be deemed to refer to the plural number, and vice versa, as appropriate in the context of its usage; (b) each masculine, feminine or gender-neutral word shall apply comparably to Persons of each gender and to Persons without gender as appropriate in the context of its usage; (c) “include,” “includes” and “including” shall be deemed to be followed by the words “without limitation” and shall not limit the words or terms preceding such word; (d) “hereof,” “herein,” “hereunder,” “hereby,” “hereto” and similar words refer to this Agreement as a whole and not to any particular article, section or other portion of this Agreement; (e) “Article,” “Section,” “Schedule” and “Exhibit” (when followed by one or more numbers and letters) refer to the specified article or section of, or schedule or exhibit to, this Agreement; (f) “dollars” and “$” refer to United States dollars (and all payments to be made pursuant to this Agreement shall be made in United States dollars); (g) reference to any Person includes such Person’s heirs, executors, personal representatives, successors and permitted assigns, as applicable; (h) reference to any Contract shall be deemed to refer to such Contract as amended, supplemented or otherwise modified in accordance with its terms and in effect from time to time and shall include all schedules, exhibits, addenda or other attachments forming a part thereof; and (i) reference to any Law shall be deemed to refer to such Law as amended, modified, codified, replaced or reenacted, in whole or in part, and in effect at the relevant time and shall include all rules and regulations promulgated thereunder.
