Interpretation and General. 3. 1. All the persons within the definition of Merchant shall be jointly and severally liable to Carrier, its agents, servants and Sub–Contractors (together “covenantees”) for all representations, warranties, undertakings, agreements, obligations, liabilities, and indemnities (together “covenants”) expressed or implied to be made, given or assumed by Merchant in this Bill of Lading as if the covenants were expressly made, given or assumed by Merchant to each of the covenant- ees. No covenants of Merchant shall be affected by any acts or omissions (whether negligent, deliberate or otherwise) of Carrier or the other covenantees.
3. 2. In the event that any provisions herein contained are inconsistent with any compulsorily applicable law in any individ- ual case, those provisions, to the extent of such inconsistency, shall be null and void, but the remaining provisions of this Bill of Lading shall remain valid and enforceable, and the validity and enforceability of those provisions in any other case shall not thereby be affected. To avoid doubt, nothing herein contained shall be construed as a surrender by Car- rier of any of its rights and defences or as an increase of any of its liabilities under such compulsorily applicable law.
3. 3. Subject to contrary compulsorily applicable law in the individual case, provisions herein which exempt, exclude, relieve or limit the liability of Carrier, its servants, agents or Sub-Contractors shall be operative and effective notwithstand- ing (i) any act or omission (whether negligent, deliberate or otherwise) of Carrier, its servants, agents or Sub-Contrac- tors, or (ii) the circumstances or cause of any loss or damage (to which such provisions relate) be unexplained, or (iii) any other matters or causes whatsoever.
3. 4. No servant or agent of Carrier shall have any authority to waive or vary any term of this Bill of Lading, unless such waiver or variation is specifically authorized in writing by a director or other authorized officer of Carrier.
3. 5. Any right or remedy herein conferred on Carrier is in addition to and without prejudice to all other rights and reme- dies available to it.
Interpretation and General. (a) In this Contract a reference to:
(i) any law will be read as a reference to that law as amended, consolidated, supplemented or replaced and any regulation, rule, ordinance, proclamation, by-law or judgment made under that law;
(ii) a document includes any variation or replacement of it;
(iii) a person, includes an individual, firm, body corporate, an unincorporated association or an authority; and
(iv) the words "include", "includes" and "including" means "including without limitation".
Interpretation and General. In this Agreement, unless the context otherwise requires:-
(a) a reference to any legislation or legislative provision includes any statutory modification or re- enactment of, or legislative provision substituted for, and any subordinate legislation issued under, that legislation or legislative provision;
(b) a reference to writing includes printing, typing, lithography and other modes of reproducing words in a visible form including but not limited to email;
(c) the singular includes the plural and vice versa;
(d) a reference to an individual or person includes a corporation, partnership, joint venture, association, authority, trust and vice versa;
(e) a reference to any gender includes all genders;
(f) a reference to a recital, clause, Schedule, annexure or exhibit is to a recital, clause, Schedule, annexure, or exhibit of or to this Agreement;
(g) a reference to any agreement or document is to that agreement or document (and, where applicable, any of its provisions) as amended, novated, supplemented or replaced from time to time;
(h) a reference to any Party to this Agreement, or any other document or arrangement, includes that Party’s executors, administrators, substitutes, successors and assigns;
(i) any reference to money or dollars is to Australian currency unless otherwise stated in the Charter Agreement or the Accepted Quotation, as the case may be;
(j) where an expression is defined anywhere in this Agreement, it has the same meaning throughout, unless the context otherwise requires;
(k) the use of the word “including” does not limit anything else that might be included;
(l) a provision of this Agreement must not be construed to the disadvantage of a Party merely because that Party was responsible for the preparation of this Agreement or the inclusion of the provision in this Agreement;
(m) if an act must be done on a specified day which is not a Business Day, it must be done instead on the next Business Day;
(n) any reference to time in this Agreement will be of the essence, unless otherwise provided;
(o) every covenant, agreement or obligation expressed or implied in this Agreement by which two or more persons covenant, agree or are bound binds those persons jointly and each of them severally and every provision expressed or implied in this Agreement which applies to two or more persons applies to those persons jointly and each of them severally; and
(p) headings in this Agreement are used for convenience only and are to be disregarded in the i...
Interpretation and General. 1.1 In this Schedule the following words and expressions have the following meanings:
Interpretation and General. 19.1 In this Agreement a reference to:
(a) any law will be read as a reference to that law as amended, consolidated, supplemented or replaced and any regulation, rule, ordinance, proclamation, by-law or judgement made under that law;
(b) a document includes any variation or replacement of it;
(c) a person, includes an individual, firm, body corporate, an unincorporated association or an authority;
(d) the words "include", "includes" and "including" means "including without limitation"; and
Interpretation and General. 16.1 References to the singular include the plural, and reference to a gender includes all other genders.
16.2 A reference to a party includes that party’s successors and assigns.
16.3 References to $ or dollars are references to Australian dollars unless otherwise specified.
16.4 Reference to a person includes a corporation, a body corporate and an unincorporated association and vice versa.
16.5 A party will not be deemed to have waived any right or remedy or the performance of any obligation under this Agreement unless it has expressly done so in writing signed by an authorised director or secretary.
16.6 Every phrase, sentence, paragraph and clause in this Agreement is severable the one from the other despite the manner in which they may be linked together or grouped grammatically and if any phrase, sentence, paragraph or clause is found to be defective or unenforceable for any reason whatsoever the remaining phrases, sentences, paragraphs or clauses as the case may be, are of full force and effect.
16.7 Where this Agreement requires the consent, approval or permission of RDG, such consent may be given or withheld, as the case may be, in the absolute discretion of RDG and subject to such conditions as RDG may impose in its absolute discretion.
16.8 Any indemnity given by a party under this Agreement:
(a) is not the exclusive remedy of the party holding the benefit of the indemnity, which party may at its option, in addition or in the alternative, pursue remedies at common law, in equity or under statute;
(b) is a continuing indemnity.
(c) will not be affected by any matter including without limitation, the termination, renewal or extension of this Agreement or any indulgence, waiver or other concession given by a party unless the party benefiting from the indemnity agrees in writing; and
(d) includes legal costs and disbursements on a full indemnity basis.
16.9 This Agreement is binding on the successors in title and permitted assigns. In this Agreement, unless the context otherwise requires:
Interpretation and General. Unless otherwise specified herein to the contrary, the following terms shall have the following meanings in and for the purposes hereof:
Interpretation and General. The following definitions are used in this Agreement
Interpretation and General. 21.1 The following provisions will apply in the construction and interpretation of this agreement, except to the extent that the context requires modification:
(a) references to the background, clauses, schedules and appendices are to to this agreement;
(b) the headings are for convenience purposes only and will not affect the interpretation of this agreement;
(c) words importing the singular include the plural and vice versa, and the masculine gender includes the feminine gender and vice versa;
(d) the word person includes any individual, company, corporation, corporation sole, trust, firm, partnership, joint venture, syndicate, the Crown, any central or local government department, authority, association or group, and any other entity or any other association of persons either corporate or unincorporated;
(e) references to any statute or regulation are to New Zealand statutes and regulations unless the context otherwise requires and will, with all necessary modifications, apply to any modifications or re-enactments;
(f) references to written and in writing include any means of visible representation, including communication by email; and
(g) references to any document include all modifications and replacement documents from time to time.
21.2 To the extent permissible by law, the parties to the agreement contract out of the provisions of the Consumer Guarantees Act 1993.
21.3 The invalidity of any part of this agreement shall not affect the enforceability of the rest of the agreement.
21.4 All Goods and Services supplied by the Seller are subject to the laws of New Zealand and the Seller takes no responsibility for changes in the law which affect the Goods or Services supplied.
21.5 Neither party shall be liable for any default due to any act of God, terrorism, war, strike, lock out, industrial action, flood, storm or other event beyond the reasonable control of either party.
21.6 The Seller may license or sub-contract all or any part of its rights and obligations without the Buyer’s consent.
21.7 The Seller reserves the right to review this agreement at any time and from time to time. If, following any such review, there is to be any change in such terms and conditions, that change will take effect from the date on which the Seller notifies the Buyer of such change.
Interpretation and General. Unless otherwise specified herein to the contrary, the following terms shall have the following meanings in and for the purposes of this Agreement:
