Interpretation - In this Agreement. (a) reference to the singular includes a reference to the plural, and vice versa, unless the context requires otherwise;
(b) article and section headings have been inserted for ease of reference only and are not to be used in interpreting this Agreement;
(c) reference to a particular numbered section or article, or to a particular lettered Schedule, is a reference to the correspondingly numbered or lettered article, section or Schedule of this Agreement;
(d) if a word or expression is defined in this Agreement, other parts of speech and grammatical forms of the same word or expression have corresponding meanings;
(e) the word "enactment" has the meaning given in the Interpretation Act on the reference date of this Agreement;
(f) reference to any enactment includes any regulations, orders or directives made under the authority of that enactment;
(g) reference to any enactment is a reference to that enactment as consolidated, revised, amended, re-enacted or replaced, unless otherwise expressly provided;
(h) the provisions of s. 25 of the Interpretation Act with respect to the calculation of time apply;
(i) time is of the essence;
(j) all provisions are to be interpreted as always speaking;
(k) reference to a "party" is a reference to a party to this Agreement and to their respective successors, assigns, trustees, administrators and receivers;
(l) reference to a "day", "month", "quarter" or "year" is a reference to a calendar day, calendar month, calendar quarter or calendar year, as the case may be, unless otherwise expressly provided;
(m) the definitions given in the Zoning Bylaw apply for the purposes of this Agreement; and
(n) any act, decision, determination, consideration, consent or exercise of discretion by a party, or other person, as provided in this Agreement must be performed, made or exercised acting reasonably.
Interpretation - In this Agreement. (a) headings and xxxxxxx are for convenience only and do not affect the interpretation of this Agreement;
(b) words importing the singular include the plural and vice versa;
(c) words importing a gender include any gender;
(d) other parts of speech and grammatical forms of a word or phrase defined in this Agreement have a corresponding meaning;
(e) an expression importing a natural person includes any company, partnership, joint venture, association, corporation or other body corporate and any Governmental Agency;
(f) a reference to any thing (including, but not limited to, any right) includes a part of that thing but nothing in this clause 1.1(f) implies that performance of part of an obligation constitutes performance of the obligation;
(g) a reference to a part, clause, party, annexure, exhibit or schedule is a reference to a part and clause of, and a party, annexure, exhibit and schedule to, this Agreement and a reference to this Agreement includes any annexure, exhibit and schedule;
(h) a reference to a statute, regulation, proclamation, ordinance or by law includes all statutes, regulations, proclamations, ordinances or by laws amending, consolidating or replacing it, and a reference to a statute includes all regulations, proclamations, ordinances and by laws issued under that statute;
(i) a reference to a document includes all amendments or supplements to, or replacements or innovations of, that document;
(j) a reference to a party to a document includes that party’s successors and permitted assigns;
(k) a reference to an agreement other than this Agreement includes an undertaking, deed, agreement or legally enforceable arrangement or understanding, whether or not in writing;
(l) a reference to an asset includes all property of any nature, including, but not limited to, a business, and all rights, revenues and benefits;
(m) a reference to a document includes any agreement in writing and any certificate, notice, instrument or other document of any kind;
(n) the words “includes”, “including”, “for example” or “such as” when introducing a list of items do not exclude a reference to other items, whether of the same class or genus or not;
Interpretation - In this Agreement. (1) The terms “hereby”, “hereof”, “hereto”, “herein”, “hereunder” and any similar terms, as used in this Agreement, refer to this Agreement, and the term “hereafter” means after, and the term “heretofore” means before, the date of this Agreement.
Interpretation - In this Agreement. (a) Clause headings and the table of contents are inserted for convenience of reference only and shall be ignored in the interpretation of this Agreement;
(b) subject to any specific provision of this Agreement or of any assignment and/or participation or syndication agreement of any nature whatsoever, reference to each of the parties hereto and to the other Security Documents shall be deemed to be reference to and/or to include, as appropriate, their respective successors and permitted assigns;
(c) reference to a person shall be construed as including reference to an individual, firm, company, corporation, unincorporated body of persons or any State or any agency thereof;
(d) where the context so admits, words in the singular include the plural and vice versa;
(e) the words “including” and “in particular” shall not be construed as limiting the generality of any foregoing words;
(f) references to (or to any specified provisions of) this Agreement and all documents referred to in this Agreement shall be construed as references to this Agreement, that provision or that document as are in force for the time being and as are amended and/or supplemented from time to time;
(g) reference to this Agreement includes all the terms of this Agreement and any Schedules, Annexes or Appendices to this Agreement, which form an integral part of same;
(h) reference to Clauses, Sub-Clauses and Schedules are to Clauses, Sub-Clauses and Schedules in this Agreement;
(i) reference to the opinion of the Bank or a determination or acceptance by the Bank or to documents, acts, or persons acceptable or satisfactory to the Bank or the like shall be construed as reference to opinion, determination, acceptance or satisfaction of the Bank at the sole discretion of the Bank and such opinion, determination, acceptance or satisfaction of the Bank shall be conclusive and binding on the Borrowers;
(j) references to a “regulation” include any present or future regulation, rule, directive, requirement, request or guideline (whether or not having the force of law) of any agency, authority, central bank or government department or any self regulatory or other national or supra-national authority;
(k) references to any person include such person’s assignees and successors in title;
(l) reference to a “guarantee” include references to an indemnity or other assurance against financial loss including, without limitation, an obligation to purchase assets or services as a consequence of a default by a...
Interpretation - In this Agreement. 2.1 Any reference to a Clause sub-clause or paragraph is a reference to the corresponding Clause sub-clause or paragraph of this Agreement and any Clause headings shall not affect its construction
2.2 Words importing the singular meaning where the context so admits include the plural meaning and vice versa
2.3 Words of one gender include both other genders and words denoting persons shall include operations and firms and vice versa
2.4 If any party to this Agreement comprises more than one person the obligations and liabilities of that party under this Agreement shall be joint and several obligations and liabilities of those persons 3 Agreement of the Specification and the Tenant's Fit Out Specification
3.1 THE parties shall forthwith after the date hereof each use their respective reasonable endeavours to reach agreement on the Specification within the period of two months and the Tenant's Fit Out Specification within the period of four months from the date hereof and such Specification and the Tenant's Fit Out Specification shall take into account any requirements of the planning authority and any conditions annexed to the Planning Consent and shall ensure that the total Forecast Construction Cost is no greater than (Pounds)825 per square metre nor less than (Pounds)875 per square metre of Gross Internal Area which area shall be calculated for the purposes of this Clause from a measurement of the drawings forming part of the Specification
3.2 Once the Specification and the Tenant's Fit Out Specification have been agreed between the parties a copy of each shall be signed by or on behalf of the parties hereto
3.3 If the Specification or the Tenant's Fit Out Specification have not been agreed within the period referred to in Clause 3.1 either party may refer the matter to the Independent Cost Consultant for determination in accordance with Clause 15
Interpretation - In this Agreement. 1.2.1 References to any document or agreement, including the COW, includes such document or agreement as amended, novated, substituted, varied, supplemented or replaced from time to time.
Interpretation - In this Agreement. (a) reference to an article, clause, paragraph or schedule is a reference to an article, clause, paragraph or schedule of or to this AGREEMENT, unless the context requires otherwise.
(b) reference to one gender includes a reference to the other gender, and words in the singular include the plural and, in the plural, include the singular.
(c) reference to a statute or statutory provision is a reference to it as it is in force for the time being taking account of any amendment, extension, or re-enactment and includes any subordinate legislation for the time being in force made under it.
(d) Unless otherwise specifically provided for, any monetary sum payable by either PARTY under or pursuant to this AGREEMENT shall be made in USA Dollars (USD).
(e) References to month means the period beginning on the first day of a calendar month and ending on the last day of such calendar month and monthly shall be construed accordingly.
(f) reference to writing includes typing, printing, lithography and photography and facsimile but excludes email or any other form of electronic communication except for notification of a FORCE MAJEURE EVENT.
(g) reference to a document is to that document as amended, varied or novated from time to time otherwise than in breach of this AGREEMENT or that document.
(h) unless the context otherwise requires, the words including and include and words of similar effect shall not be deemed to limit the general effect of the words which precede them.
(i) the headings in this AGREEMENT are for ease of reference only and shall not affect its construction or interpretation.
(j) references to a person shall be construed so as to include any individual, firm, company, government, state or agency of a state or any joint venture, association, partnership, works council or employee representative body (whether or not having separate legal personality).
(l) where there is any inconsistency between the definitions set out in Clause 1.1 and the definitions set out in any other clause or a schedule, then for the purposes of construing such clause or schedule, the definitions set out in such other clause or schedule shall prevail.
Interpretation - In this Agreement. (a) reference to: (i) any statute or statutory provision includes a reference: (A) to that statute or statutory provision as from time to time consolidated, modified, re-enacted (with or without modification) or replaced by any statute or statutory provision; and (B) any subordinate legislation made under the relevant statutory provision, except to the extent that the effect of referring to any such consolidation, modification or re-enactment coming into force after the date of this agreement would be to increase or extend the liability of a party under this agreement; (ii) the singular includes the plural and vice versa and any gender includes other genders; (iii) the "introduction" or to a "clause" or "schedule" is a reference to the introduction or the relevant clause or schedule of or to this agreement; (iv) a person includes all forms of legal entity including an individual, company, body corporate (wherever incorporated or carrying on business), unincorporated association, governmental entity and a partnership and, in relation to a party who is an individual, his legal personal representative(s); (v) a document "in agreed form" is to a document in the form agreed by and initialled (or approved by exchange of e-mails) by or on behalf of the Sellers' Agent and the Buyer for the purposes of identification; (vi) a party or the parties means a party or the parties to this agreement and includes his successors and permitted assigns and for this purpose "permitted assigns" includes: in relation to a right of a party - any person to whom that right may have been assigned except to the extent that the assignment of that right would be in breach of the provisions of this or any other agreement or deed or prohibited by law; and
Interpretation - In this Agreement. (a) words importing any genders include all genders; (b) words importing the singular include the plural and vice versa; (c) a reference to a person, corporation, trust, partnership, unincorporated body or other entity includes any of them; (d) a reference to a person includes anybody that is recognised by Law in the territory as such, whether as a natural person or a body corporate; (e) a reference to a party to this Agreement or another agreement or document includes the party’s successors and permitted substitutes or assigns (and, where applicable, the party’s legal representatives); (f) a reference to currency shall mean AUD exclusive of any taxes; and (g) a reference to legislation or regulations shall include all amendments and re-enactments.
Interpretation - In this Agreement. 1. Any reference to a statute shall include and shall be deemed to include a reference to such statute and to the regulations made pursuant thereto, together with all amendments made thereto and in force from time to time, and any statute or regulation, as amended from time to time, which may be passed and which has the effect of supplementing, replacing or superseding a statute so referred to or the regulations made pursuant thereto, as the same may be amended from time to time;
2. Any reference to a person shall include and shall be deemed to be a reference to any person that is the successor to such person;
3. The terms "this Agreement", "hereof", "herein", "hereunder" and similar expressions refer, for greater certainty, to this Agreement and not to any particular article, section, sub-section or other portion hereof;
4. Words importing the singular number only shall include the plural and vice versa; 5.Words importing one gender only shall include both genders; and
