In this Agreement. Any external loan, security, compensation, covenant or other compensation liabilities of the Pledgor’s (1) is required to be repaid or performed prior to the due date due to default; or (2) is due but cannot be repaid or performed as scheduled and thereby cause the Pledgee to deem that the Pledgor’s capacity to perform the obligations herein is affected.
In this Agreement. 1.2.1 The singular includes the plural and vice versa, and the masculine includes the feminine and vice versa and the neuter includes the masculine and the feminine.
1.2.2 Any reference to a Clause or Schedule shall, unless otherwise specifically provided, be to a Clause or Schedule of this Agreement.
1.2.3 The headings of this Agreement are for ease of reference only and shall not affect its construction or interpretation.
In this Agreement. 3.5.1 The words ‘including’ and ‘includes’ when followed by particular examples shall be construed as illustrative and not exhaustive;
3.5.2 Words of a technical nature shall be construed in accordance with the relevant common usage in the information technology industry in the United Kingdom;
3.5.3 References to a ‘person’ include a natural person, body corporate, unincorporated body of persons, individual, company, firm, government, state or agency of the state;
3.5.4 References to the singular includes the plural and vice versa;
3.5.5 Headings to clauses have been inserted for convenience of reference only and should not be construed as forming part of this Agreement;
3.5.6 A reference to a statute, statutory provision, order, regulation instrument or other subordinate legislation is a reference to that statute, statutory provision, order, regulation, instrument or other subordinate legislation and amendments and re-enactments made to such from time to time;
3.5.7 A reference to a regulatory authority or other competent body shall be deemed to include any successor authority or body;
3.5.8 A reference to the parties is a reference to TMB and the Customer and a reference to a party is a reference to one of them;
3.5.9 All periods expressed in days shall mean calendar days unless expressly stated otherwise;
3.5.10 Copyright in supplier and other third party product and service names is acknowledged.
In this Agreement. (a) references to a person include an individual, a body corporate and an unincorporated association of persons;
(b) references to a party to this agreement include references to the successors or assignees (immediate or otherwise) of that party.
In this Agreement. 2.1.1 the contents and clause headings are included for convenience only and do not affect its construction;
2.1.2 words denoting the singular include the plural and vice versa; and
2.1.3 words denoting one gender include each gender and all genders.
In this Agreement. (a) a reference to this Agreement includes all its parts described in clause 1.1, and includes any amendment to or replacement of them;
(b) a reference to a statute, code or other law includes regulations and other instruments under it and consolidations, amendments, re-enactments or replacements of any of them;
(c) a reference to a party includes a reference to the party’s executors, administrators, successors and assigns;
(d) the singular includes the plural, and vice versa; and
(e) “includes”, “including”, “for example”, “such as” and similar terms are not words of limitation.
In this Agreement. (a) a waiver of any provision of this Agreement will not be binding unless in writing and signed by both parties;
(b) a failure to exercise or a delay in exercising any right or remedy under this Agreement will not be deemed to be a waiver of that right or remedy; and
(c) a waiver or excuse by either party of any default or breach by the other party of any provision of this Agreement will not waive that party’s rights in respect of any continuing or subsequent default or breach, or affect the rights of that party in respect of any such continuing or subsequent default or breach.
In this Agreement. Any reference to or any section of or schedule to or other provision of an Act of Parliament or of State Legislature or a regulation of a local authority shall be construed, as at the time of submission of the Tender and references to Applicable Law or Indian Law shall include the laws of any State forming part of the Union of India, if applicable to the Project or Lessee.
In this Agreement. 1.2.1 words denoting the plural number include the singular and vice versa;
1.2.2 words denoting persons include corporations, partnerships, associations of persons (whether incorporated or not) or governmental or quasi-governmental bodies or authorities and vice versa;
1.2.3 references to Recitals, Clauses and Schedules are references to recitals, clauses and schedules to or of this Agreement;
1.2.4 references to this Agreement include the Recitals and the Schedules;
1.2.5 the headings and contents page(s) are for the purpose of reference only, have no legal or other significance, and shall be ignored in the interpretation of this Agreement;
1.2.6 references to any document (including, without limitation, to all or any of the Relevant Documents) are, unless the context otherwise requires, references to that document as amended, supplemented, novated or replaced from time to time;
1.2.7 references to statutes or provisions of statutes are references to those statutes, or those provisions, as from time to time amended, replaced or re-enacted;
1.2.8 references to any Finance Party include its successors, transferees and assignees; and
1.2.9 a time of day (unless otherwise specified) is a reference to New York time.
In this Agreement. (a) All references to clauses, sub-clauses and Schedules are to clauses, sub-clauses and Schedules of this Agreement.
(b) Words importing the singular number only shall include the plural number and vice versa; words importing the masculine gender only shall include the feminine gender; and words importing persons shall include corporations, firms, partnerships, bodies corporate, corporations, associations, joint ventures, organisations and trusts (in each case whether or not incorporated and whether or not having a separate legal personality)
(c) The clause headings in this Agreement are inserted for ease of reference only and shall not affect the construction or interpretation of this Agreement.
(d) References to this Agreement or any other document include references to this Agreement, its recitals and the Schedules or such other document as varied, supplemented and/or replaced in accordance with this Agreement from time to time.
(e) References to any party shall, where relevant, be deemed to be references to or to include, as appropriate, their respective lawful successors, permitted assigns or transferees.
(f) References to “writing” include telex, e-mail and facsimile transmission legibly received except in relation to any certificate, report, notice or other document which is expressly required by this Agreement to be signed, and “written” has a corresponding meaning.
(g) In the case of conflict or ambiguity between any provision contained in the body of this Agreement and any provision contained in any Schedule, the provision in the body of this Agreement shall take precedence.
