Intent and Interpretation. A. The Contract Documents, as described herein, constitute the entire and exclusive agreements between the parties with reference to the Project, and said Contract Documents supersede any and all prior discussions, communications, representations, understandings, negotiations, or agreements;
B. Anything that may be required, implied, or inferred by the Contract Documents, shall be provided by the Contractor for the Contract Price;
C. Nothing contained in the Construction Contract shall create, nor be interpreted to create, privity or any other relationship whatsoever between the Owner and any person except the Contractor;
D. When a word, term, or phrase is used in the Contract Documents, it shall be interpreted or construed first, as defined herein; second, if not defined, according to its generally accepted meaning in the construction industry; and third, if there is no generally accepted meaning in the construction industry, according to its common and customary usage;
E. The words “include,” “includes,” or “including,” as used in the Contract Documents, shall be deemed to be followed by the phrase “without limitation;”
F. The specification herein of any act, failure, refusal, omission, event, occurrence, or condition as constituting a material breach of the Contract Documents shall not imply that any other, non-specified act, failure, refusal, omission, event, occurrence, or condition shall be deemed not to constitute a material breach of the Contract Documents;
G. The Contractor shall have a continuing duty to read, examine, review, compare, and contrast each of the Contract Documents, shop drawings, and other submittals and shall give written notice to the Owner and the Design Professional of any conflict, ambiguity, error, or omission which the Contractor may find with respect to these documents before proceeding with the affected work. Reported errors, inconsistencies, or omissions shall constitute a claim pursuant to Article XIII hereof, if appropriate. The express or implied approval by the Owner or the Design Professional of any shop drawings or other submittals shall not relieve the Contractor of the continuing duties imposed hereby, nor shall any such approval be evidence of the Contractor’s compliance with the Contract Documents. The Owner has requested the Design Professional, if any, to only prepare documents for the Project, including the plans and specifications for the Project, which are accurate, adequate, consistent, coordinated, and su...
Intent and Interpretation. 3.1 The “Agreement”, as referred to herein, shall mean this Agreement executed by OWNER and ENGINEER, and shall include these Terms and Conditions, the Attachments described in Article 2 and attached hereto, and any written supplemental agreement or modification entered into between OWNER and ENGINEER, in writing, after the date of this Agreement.
3.2 In resolving conflicts, errors, discrepancies and disputes concerning the scope of the work or services to be performed by ENGINEER or other rights or obligation of OWNER or ENGINEER, the document or provision thereof expressing the greater quantity, quality or scope of service or imposing the greater obligation upon ENGINEER and affording the greater right or remedy to OWNER, shall govern; otherwise, precedence shall be given in the following order: provisions of these Terms and Conditions, provisions contained in any Attachment hereto and required provision contained in any governmental regulation incorporated herein by reference.
3.3 Any interpretation applied to this Agreement by the parties hereto, by an arbitrator, court of law, or by any other third party, shall not be made against OWNER solely by virtue of OWNER or OWNER’S representatives having drafted all or any portion of this Agreement.
3.4 This Agreement shall include, and incorporate by reference, any provision, covenant or condition required or provided by law or by regulation of any state or federal regulatory or funding agency.
Intent and Interpretation. The parties hereto intend that this Agreement shall constitute, and this Agreement shall be interpreted as, a Time Sharing Agreement as defined in Section 91.501(c)(1) of the FAR.
Intent and Interpretation. Each of parties hereto stipulates and acknowledges that Dynegy has made, prior to the date of the Original Agreement, a careful evaluation of Shareholder, its investment objectives with regard to the Class B Shares and its lack of intent to obtain control of Dynegy by its acquisition thereof, and the compatibility of such objectives with the objectives of Dynegy; that such factors were critical to Dynegy in the decision to consummate the Acquisition and thereby issue a large block of voting securities to Shareholder; that, absent the restrictions in this Agreement, ownership of the Class B Shares would present an unusual opportunity for Shareholder to gain effective control of Dynegy; that Dynegy might have reached a different decision with regard to the Acquisition and the resulting issuance of the Class B Shares to a group of related persons had such persons been other than Shareholder; therefore, that the restrictions set forth in this Agreement are a material part of the consideration received by Dynegy for the issuance of the Class B Shares in the Acquisition, and that the primary intent of such restrictions is to insure that such block of securities does not come to rest in the hands or under the control of any single holder or group of holders other than Shareholder and that the size of such block of securities is not, except as otherwise herein provided, increased over a prescribed amount, without the consent of Dynegy. Shareholder acknowledges and agrees that such purpose and intent are reasonable and that the restrictions set forth in this Agreement are reasonable in view of such purpose and intent. Further, Shareholder and Dynegy agree that, should any disagreement arise in the interpretation of any such restrictions as applied to any set of facts, such disagreement shall be resolved by interpreting and applying each restriction in the manner that will most nearly effectuate the purpose and intent of such restrictions as herein stated.
Intent and Interpretation. With respect to the intent and interpretation of this Contract, the County and the Contractor agree as follows:
I. This Contract constitutes the entire and exclusive agreements between the parties with reference to the service, and said Contract supersedes any and all prior discussions, communications, representations, understanding, negotiations, or agreement.
II. Anything that may be required, implied or reasonably inferred by the documents which make up this Contract, or any one or more of them, shall be provided by the Contractor for the stated Contract Rates.
III. Nothing contained in this Contract shall create, nor be interpreted to create, or any other relationship whatsoever between the County and any person except the Contractor.
IV. When a word, term or phrase is used in this Contract, it shall be interpreted or construed first, as defined herein; second, if not defined, according to it’s generally accepted industry meaning; and third if there is no generally accepted industry meaning, according to its common and customary usage.
V. The words “include,” “includes,” and “including,” as used in this Contract, shall be deemed to be followed by the phrase, “without limitation”.
VI. The listing herein of any items as constituting a material breach of this Contract shall not imply that any other non-listed item will not constitute a material breach of this Contract.
VII. In the event of any conflict, discrepancy, or inconsistency among any of the documents which make up this Contract, the following shall control:
a. As between this document and the scope of services or specifications, this document shall govern.
b. In the case of any conflict, discrepancy or inconsistency among any of the other Contract documents, the Contractor shall notify the County immediately upon discovery of the same.
Intent and Interpretation. 1.5.1 The intent of this Contract is to require complete, correct and timely execution of the Work. Any work that may be required implied or inferred by the Contract Documents, or any one or more of them, as necessary to produce the intended result shall be provided by the Contractor for the Contract Price.
1.5.2 This Contract is intended to be an integral whole and shall be interpreted as internally consistent. What is required by any one Contract Document shall be considered as required by the Contract.
Intent and Interpretation. The intent of this Section 9.5 is that the Partnership should make the Paying Member whole, without more, by reimbursing the Paying Member only to the extent of the Partnership’s Separate Return Tax. Any ambiguity in the interpretation hereof shall be resolved, with a view to effectuating such intent, in favor of the Paying Member.
Intent and Interpretation. The parties hereto intend that this Agreement shall constitute, and this Agreement shall be interpreted as, a Time Sharing Agreement as defined in Section 91.501(c)(1) of the FAR. CCS agrees that any guest of Time Share Lessee, regardless of whether such flights is in the scope of or incidental to the business of CCS, shall be deemed to be a guest of CCS for purposes of Section 91.501(b)(6) of the FAR.
Intent and Interpretation. This Indenture and everything herein contained shall enure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, administrators, successors and assigns, subject to the consent of the Landlord being obtained as herein provided to an assignment or sub-lease by the Tenant. Time shall in all respects be of the essence hereof. All covenants herein contained shall be deemed joint and several and all rights and powers reserved to the Landlord may be exercised either by the Landlord or by its agents or representatives from time to time. The provisions hereof shall in all respects be construed according to and governed by the laws of the Province of Ontario.
Intent and Interpretation. 1.5.1 The intent of this Contract is to require complete, correct and timely execution of the Artwork, as that term is defined in Paragraph 2.1 below. Any Artwork that may be required, implied or inferred by the Contract Documents, or any one or more of them, as necessary to produce the intended result shall be provided by the Artist for the Contract Price.
1.5.2 This Contract is intended to be an integral whole and shall be interpreted as internally consistent. What is required by any one Contract Document shall be considered as required by the Contract.
1.5.3 When a word, term or phrase is used in this Contract, it shall be interpreted or construed, first, as defined herein; second, if not defined, according to its generally accepted meaning in the construction industry; and third, if there is no generally accepted meaning in the construction industry, according to its common and customary usage.
1.5.4 The words "include", "includes", or "including", as used in this Contract, shall be deemed to be followed by the phrase, "without limitation".
1.5.5 The specification herein of any act, failure, refusal, omission, event, occurrence or condition as constituting a material breach of this Contract shall not imply that any other, non-specified act, failure, refusal, omission, event, occurrence or condition shall be deemed not to constitute a material breach of this Contract.
1.5.6 Words or terms used as nouns in this Contract shall be inclusive of their singular and plural forms, unless the context of their usage clearly requires a contrary meaning.
1.5.7 The Artist shall have a continuing duty to read, carefully study and compare each of the Contract Documents and shall give written notice to the City of any inconsistency, ambiguity, error or omission which the Artist may discover with respect to these documents before proceeding with the affected Artwork. The issuance, or the express or implied approval by the City of the Contract Documents shall not relieve the Artist of the continuing duties imposed hereby, nor shall any such approval be evidence of the Artist's compliance with this Contract.
1.5.8 In the event of any conflict in the Contract Documents, the following documents shall take precedence in the following order of precedence:
(a) any Change Orders;
(b) the Addenda;
(c) the Contract;
(d) any Supplemental Conditions;
(e) the Purchase Order;
(f) the Final Proposal; and
(g) the Call to Artists As between numbers and scaled measurements on the Final P...
