Interpretation General. 2.1 This Agreement and any Customer Agreement made under this Agreement will be interpreted in accordance with this clause 2 unless the Agreement provides otherwise.
Interpretation General. The interpretation provisions set out in sections 1.1 to 1.7 inclusive of the supply Agreement and the general provisions set out in sections 17.1 to 17.10 inclusive of the Supply Agreement shall be incorporated by reference into this Amending Agreement.
Interpretation General. In this Agreement, unless the contrary intention appears:
(a) the headings and subheadings in this Agreement are inserted for guidance only and do not govern the meaning or construction of any provision of this Agreement;
(b) words expressed in the singular include the plural and vice versa;
(c) a reference to a clause, schedule or annexure is a reference to a clause, schedule or annexure to this Agreement and a reference to this Agreement includes any recital, schedule or annexure;
(d) a reference to a document, agreement (including this Agreement) or instrument is to that document, agreement or instrument as varied, amended, supplemented, or replaced;
(e) a ‘person’ includes a company, partnership, firm, joint venture, association, authority, corporation or other body corporate, trust, public body or Government Party;
(f) a reference to a 'person' (including a Party to this Agreement) includes a reference to the person's executors, administrators, successors and permitted assigns, transferees or substitutes (including persons taking by permitted novation);
(g) a reference to a person, statutory authority or government body (corporate or unincorporate) established under any statute, ordinance, code, legislation or other law includes a reference to any person (corporate or unincorporate) established or continuing to perform the same or substantially similar function;
(h) a reference to conduct includes, without limitation, an omission, statement or undertaking, whether or not it is in writing;
(i) ‘including’ means ‘including but not limited to’;
(j) a reference to a statute, ordinance, code, legislation or other law includes regulations and other instruments under it and amendments, re- enactments, consolidations or replacements of any of them;
(k) a reference to dollars or $ is a reference to the currency of Australia;
(l) a reference to a day is to be interpreted as the period of time commencing at midnight and ending 24 hours later;
(m) a reference to a month is to be interpreted as the period of time commencing at the start of any day in one of the calendar months and ending immediately before the start of the corresponding day of the next calendar month or if there is no such day, at the end of the next calendar month;
(n) references to time are to local time in Perth, Western Australia;
(o) where time is to be reckoned from a day or event, that day or the day of that event is excluded;
(p) if the day on or by which a person must do something under t...
Interpretation General.
48.1 In this Agreement:
(a) headings are for convenience only and have no effect on interpretation; and
(b) footnotes are for information only and are not part of the Agreement; and
(c) a provision is not to be interpreted against a party merely because that party proposed it.
48.2 Also in this Agreement, unless the contrary appears:
(a) where a word or phrase has a defined meaning, any grammatical form of that word has a corresponding meaning; and
(b) a reference to legislation or a legislative provision includes a reference to any amendment, substitution or re-enactment of that legislation or provision; and
(c) ‘includes’ in any of its forms is not a word of limitation; and
(d) a reference to $ or dollars is a reference to Australian currency; and
(e) the singular includes the plural and vice versa.
Interpretation General. (a) Failure or delay to exercise any of our rights does not prevent us from exercising those rights later.
Interpretation General. 17.1. For adjudication of any legal disputes between the Applicant and the Registry, the Applicant hereby consents to the jurisdiction of the Supreme Court of Mauritius.
17.2. For adjudication of any legal disputes between the Applicant and the Registrar, the Applicant hereby submits to the jurisdiction of the Supreme Court of Mauritius and to the jurisdiction of the courts of the Applicant’s domicile.
17.3. The Agreement will be construed and interpreted in accordance with the laws of the Republic of Mauritius.
17.4. To the extent that the Registry is granted rights, the relevant provisions of this Agreement will constitute an agreement for the benefit of a third party (stipulatio xxxxxx) in the Registry’s favour. Where the Registry has lawfully assigned its rights and duties under its Registry- Registrar Agreement with the Registrar, the assignee will be the beneficiary under this clause.
17.5. This Agreement is the whole of the agreement between the parties, and no document or statement not mentioned above will form part of it. Only a written variation, waiver or cancellation agreed to by both parties will be of any effect.
17.6. For the avoidance of doubt, any provision of this Agreement that anticipates any right or duty extending beyond the termination or expiry of this Agreement will survive the termination or expiry of this Agreement and continue in full force and effect.
17.7. If one party chooses not to enforce any part of this Agreement, that does not mean that the party cannot enforce that part at a later time. If any part of the Agreement is found to be unenforceable, the rest will still be enforceable.
17.8. If a provision of this Agreement is reasonably capable of an interpretation which would make that provision valid and enforceable and an alternative interpretation that would make it void, illegal, invalid or otherwise unenforceable, then that provision will be interpreted, so far as is possible, to be limited and read down to the extent necessary to make it valid and enforceable.
17.9. In the event that any of these terms are found to be invalid, unlawful or unenforceable, such terms will be severable from the remaining terms, which will continue to be valid and enforceable.
Interpretation General. The provisions of this agreement shall enure to the benefit of and be binding upon the parties hereto, their respective heirs, successors, and lawful assigns. Singular shall include plural and the masculine gender shall include the feminine and neuter gender.
Interpretation General. In these Articles, unless the context otherwise requires:
Interpretation General. 2.1. This XXXX is the whole of the agreement between the parties, and no document or statement not mentioned above will form part of it.
2.2. The law of the Republic of South Africa will apply to this XXXX, its interpretation and any matter or litigation relating to or arising from it, and the parties consent to the jurisdiction of the courts of Republic of South Africa in this regard.
2.3. For the avoidance of doubt, any provision of this XXXX that anticipates any right or duty extending beyond the termination or expiry of this XXXX will survive the termination or expiry of this XXXX and continue in full force and effect.
2.4. If one party chooses not to enforce any part of this XXXX, that does not mean that the party cannot enforce that part at a later time. If any part of the XXXX is found to be unenforceable, the rest will still be enforceable.
2.5. If a provision of this XXXX is reasonably capable of an interpretation which would make that provision valid and enforceable and an alternative interpretation that would make it void, illegal, invalid or otherwise unenforceable, then that provision shall be interpreted, so far as is possible, to be limited and read down to the extent necessary to make it valid and enforceable.
2.6. In the event that any part of this XXXX is found to be partially or fully unenforceable because it does not comply with any law, or for any other reason, this will not affect the application or enforceability of the remainder of this XXXX.
Interpretation General
