In the Contract. The terms of the contract can be changed upon the agreement of the buyer and seller. The change takes effect upon the signatures and seals by both parties.
In the Contract. (a) words in the singular shall include the plural and words in the plural shall include the singular unless the context otherwise requires;
(b) words denoting any gender include all genders;
(c) the headings are for convenience only and shall not affect the construction of the Contract;
(d) references to each party herein include references to its successors in title and permitted assigns;
(e) references to “includes” or “including” shall be read as being immediately followed by the words “without limitation”; and
(f) any capitalized terms (and terms beginning with a capital letter) that are used but are not defined herein shall be given their generally accepted meaning in the telecommunications industry or, where there is no such generally accepted meaning, their ordinary meaning within the context of the Contract.
In the Contract. (a) Business Day means a day that is not a Saturday, Sunday or public holiday in Perth, Western Australia.
In the Contract. If Party A provides the sewage amount less than the agreement on the contract in the years above, it shall pay for the sewage disposal expenditure in real practice; If Party B provides the sewage amount more than the agreement on the contract in the years above, it also shall pay for the sewage disposal expenditure in real practice. Within 3 years on normal operation of the project, Party A shall pay the balance with 0.28 RMB per ton between the real amount of sewage in disposal (It shall be no less than the agreed minimal sewage amount) and the amount of sewage on design as the compensation for investment and construction from Party B. During the management period of Party B, if the sewage amount needed for disposal exceeds the design scale of the project, the two parties shall negotiate for spreading the sewage disposal factory.
2.6 The checking time for the sewage disposal is 4:00 pm on 28th every month. The balance unit of Party A and the sewage disposal factory will control each of the calculation meters, and check two records at 6:00 pm on the day before the validity of the signature. If the error for the recorded water amount between two meters is no more than 1,000 ton per month, it shall be calculated on the average point of data between two parties. Otherwise if the error is more than 1,000 ton per month, it shall check the meters of two parties.
2.7 It shall take the total number of the checking sheets approved by two parties as the payment credential for the sewage disposal expenditure. Party A shall deposit the expenditure for the sewage disposal on the agreed account. Before 5th every month, Party A shall transfer the balance into the account of Party B for the expenditure last month. (It shall postpone for 5 days at most in case of holidays).
2.8 Within the management period of Party B, in the case of large rise and fall for comprehensive INP published by the country, two parties can negotiate for adjusting the standard for the balance price. The year for concluding the contract shall be taken as the basis. According to the calculation of national statistics, if the rise and fall of comprehensive INP is no more than 15%, it will not adjust the standard for price; if it exceeds over 15%, the comprehensive INP will make corresponding adjustment accordingly.
2.9 After normal operation of the sewage disposal factory, Party B can make fixed checking for at least once every year according to the operation state. The checking time lasts for 30 days...
In the Contract. The Contractor shall provide the documents as per the time limit and quantity agreed in Article
In the Contract. Option: mid-term review
In the Contract. (a) the Article headings shall not form part of, and shall not be used in interpretation of, the Contract;
(b) words in the singular include the plural and words in the plural include the singular, according to the requirements of context;
(c) words importing a gender include every gender;
(d) a reference to any Applicable Law includes (i) all statutes, regulations, proclamations, resolutions, ordinances, or by-laws amending, consolidating or replacing such Applicable Law; and (ii) all regulations, proclamations, ordinances, and by-laws issued thereunder;
(e) the terms “including”, “include”, “such as”, “in particular”, and the like shall be deemed to be completed by the expression “but not limited to”, and are to be construed without limitation;
In the Contract. An employee whose application has been turned down may re-apply at three (3) month intervals for upgrading. If equipment on which an employee has earned his Machine Operator Class 1 status is removed from service or, for other reasons, a Machine Operator Class 1 cannot set up and operate four pieces of equipment, the employee shall be provided six months to learn to set up and operate four pieces of equipment. The Company shall make all reasonable efforts to provide training to the employee in this regard. Where training has not been provided within six months, the employee shall retain Machine Operator Class 1 status until the Company has made a reasonable effort to provide training to the employee.
In the Contract. (a) the Article headings do not form part of, and are not to be used in interpretation of, the Contract;
(b) words in the singular include the plural and words in the plural include the singular, according to the requirements of context;
(c) words importing a gender include every gender;
(d) a reference to any Applicable Law includes (i) all statutes, regulations, proclamations, resolutions, ordinances, or by-laws amending, consolidating, or replacing such Applicable Law; and (ii) all regulations, proclamations, ordinances, and by-laws issued thereunder;
(e) the terms “including”, “include”, “such as”, “in particular”, and the like are deemed to be completed by the expression “but not limited to”, and are to be construed without limitation;
(f) references to periods of time (such as “day”, “week”, “month”, and “year”) are to periods of time under the Gregorian calendar, such periods following one another consecutively when referred to in their plural form;
(g) the term “company” includes any incorporated limited liability company, joint stock company, firm, corporation, individual proprietorship, partnership, or other business concern;
(h) the term “person” includes any natural or legal person, such as any individual, company, general or limited partnership, country or state, governmental authority, labour union, organization, estate, or trust; or a joint venture or association (whether or not having separate legal personality) of two or more of the foregoing, whether they are in the same category or in different categories;
(i) the term “personnel” in relation to an entity includes such entity’s permanent, part-time, special, seconded, contract, or temporary staff, whether its employees or otherwise, as well as (i) employees of such entity’s Affiliates who are providing services to such entity in relation to the Services; and (ii) individuals engaged to act for such entity in a consultancy or similar role and who work under its direct control;
(j) references to “writing” and “written” include any means of reproducing words in a tangible and legible form, including facsimiles but otherwise excluding items transmitted exclusively in an electronic form (such as “emails”), even if the recipient may be able to convert such items to a tangible and legible form.
In the Contract. No. 1-01/2541 dated 2 October 1997, where J.M.T. Group Co., Ltd. is indicated as the Lessee, it is changed to King Power Tax Free Co., Ltd.
