INTERPRETATION; MISCELLANEOUS. Section 36.01 For purposes of this Lease, (a) the words “include”, “includes” and “including” shall be deemed to be followed by the words “without limitation” (unless already expressly followed by such phrase), and (b) the words “herein”, “hereof”, “hereby”, “hereto” and “hereunder” refer to this Lease as a whole. Unless the context otherwise requires, references herein: (x) to Articles, Sections, Exhibits, and Schedules mean the Articles and Sections of, and the Exhibits and Schedules attached to, this Lease; (y) to a lease, instrument or other document means such lease, instrument or other document as amended, supplemented and modified from time to time to the extent permitted by the provisions thereof and by this Lease; and (z) to a statute means such statute as amended from time to time and includes any successor legislation thereto and any regulations promulgated thereunder. The Schedules and Exhibits referred to herein shall be construed with and as an integral part of this Lease to the same extent as if they were set forth verbatim herein. Titles to Articles and headings of Sections are inserted for convenience of reference only and shall not be deemed a part of or to affect the meaning or interpretation of this Lease. Any defined term used in the plural shall refer to all members of the relevant class, and any defined term used in the singular shall refer to any one or more of the members of the relevant class. All references in this Lease to sums denominated in dollars or with the symbol “$” refer to the lawful currency of the United States of America, unless such reference specifically identifies another currency. Where a provision of this Lease requires that that consent of a party shall not be unreasonably withheld, or that such consent is in such party’s reasonable discretion, such provision shall be deemed to require that such consent not be unreasonably withheld, conditioned, or delayed.
INTERPRETATION; MISCELLANEOUS. The provisions of this Agreement shall be severable and if any provision shall be invalid, void or unenforceable in whole or in part for any reason, the remaining provisions shall remain in full force and effect. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective heirs, personal representatives, successors and assigns (subject nevertheless to restrictions provided in Section 13). This Agreement, together with the other agreements and instruments mentioned herein or executed by you contemporaneously herewith, constitutes the entire agreement of the parties and we shall not be charged with any agreement or representation not contained in a writing executed by us as provided herein. Absent manifest error, our records shall be conclusive evidence with respect to the matters governed by this Agreement (including the total amount of the Loan Remittances paid to us) but the failure to record any such amount in such records or otherwise shall not limit or affect your obligations or our rights hereunder. Whenever terms such as "include" or "including" are used in herein, they shall mean "include" or "including," as the case may be, without limiting the generality of any description or word preceding such term. Whenever terms such as "acceptable to us" or "to our satisfaction" are used or we are granted the contractual right to choose between alternatives or express our opinion, the satisfaction, choices and opinions are to be made in our sole and absolute discretion. The captions or headings herein are made for convenience and general reference only and shall not be construed to describe, define or limit the scope or intent of the provisions of such document. As used herein, all masculine pronouns shall include the feminine or neuter, and all singular terms the plural forms thereof, and vice versa. Any exhibits annexed hereto are incorporated therein and made a part thereof as if contained in the body of this Agreement. All references to sections shall be deemed to refer to sections of this Agreement, unless otherwise expressly provided, whether or not "hereof," "above," "below" or like words are used. This Agreement has been drafted by our counsel as a convenience to the parties only and shall not, by reason of such action, be construed against us or any other party.
INTERPRETATION; MISCELLANEOUS. Both Sprint and UCAN have cooperated in the drafting of this Agreement, therefore, the interpretation of this Agreement shall be without regard to which party or signatory is the “drafting party,” and the signatories waive the benefit of any law providing otherwise. This Agreement shall be binding on each signatory’s respective heirs, successors and assigns. Section references used in this Agreement refer to sections in this Agreement and are for reference purposes only. Underscored section headings in this Agreement are for the convenience of the parties and shall not affect interpretation of or be used to interpret this Agreement.
INTERPRETATION; MISCELLANEOUS. (a) The headings and captions herein are inserted for convenient reference only and the same shall not limit or construe the paragraphs or Sections to which they apply or otherwise affect the interpretation hereof.
(b) Words of the masculine, feminine or neuter gender shall mean and include the correlative words of other genders, and words importing the singular number shall mean and include the plural number and vice versa.
(c) This Agreement and any document or instrument executed pursuant hereto may be executed in any number of counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument.
(d) Whenever under the terms of this Agreement the time for performance of a covenant or condition falls upon a Saturday, Sunday or holiday, such time for performance shall be extended to the next business day. Otherwise all references herein to “days” shall mean calendar days.
(e) This Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Virginia.
(f) This Agreement shall not become effective and binding on the parties unless and until Assignor and Assignee shall each have executed and delivered to Escrow Agent counterpart signature pages to this Agreement.
(g) Notwithstanding anything in this Agreement to the contrary, if Closing does not occur for any reason or no reason, Assignee shall have no liability whatsoever to Assignor or Property Manager with respect to the Property Management Agreement or the Leasing Agreement or any obligation or liability in connection therewith.
(h) Time is important to both Assignor and Assignee in the performance of this Agreement, and both parties have agreed that TIME IS OF THE ESSENCE with respect to any date set out in this Agreement.
INTERPRETATION; MISCELLANEOUS. Wherever herein the singular number is used, the same shall include the plural, and the masculine gender shall include the feminine and neuter genders, and vice versa, as the context shall require. The section headings used herein are for reference and convenience only, and shall not enter into the interpretation hereof. This Lease may be executed in several counterparts, each of which shall be an original, but all of which shall constitute one and the same instrument. The submission of this Lease for examination does not constitute a reservation of or agreement to lease the Premises; and this Lease shall become effective and binding only upon proper execution and unconditional delivery thereof by Landlord and Tenant. There shall be no merger of this Lease or of the leasehold estate hereby created with the fee estate in the Premises or any part thereof by reason of the fact that the same person, firm, corporation, or other legal entity may acquire or hold, directly or indirectly, this Lease or the leasehold estate and the fee estate in the Premises or an interest in such fee estate.
INTERPRETATION; MISCELLANEOUS. 11.1 The descriptive words or phrases at the head of the Articles are inserted only as a convenience and for reference purposes and are not intended in any way to define, limit or describe the scope or intent of the Articles which they precede.
11.2 Each of the Schedules is an integral part of this Agreement.
11.3 This Agreement constitutes the entirety of the agreement between the parties with regard to the subject matter hereof and supersedes any previous agreement or agreements whether verbal or written with regard to this Agreement. SIGNED in Paris by the parties on the day and year first above written.
INTERPRETATION; MISCELLANEOUS. To the extent there is any conflict between this Agreement and any other agreement between the Executive and the Company regarding any subject matter addressed herein, There are no other representations, express or implied, connected herewith. Any prior oral discussions are deemed to be merged into this Agreement. This Agreement may not be modified except by an agreement that is in writing and executed by both parties hereto. The provisions of this Section V shall survive the termination of Executive's employment for any reason.
INTERPRETATION; MISCELLANEOUS. This Agreement (including all Exhibits hereto) and those other agreements of even date herewith, contain the complete agreement concerning the subject matter hereof, and supersede any and all other agreements, understandings, and representations between the parties, written or oral, prior to the date hereof. The headings in this Agreement are for convenience of reference only and shall not control or affect its interpretation. No waiver or modification of this Agreement or of any covenant, condition or limitation of this Agreement shall be valid unless memorialized in a writing executed by the party or parties to be charged therewith. No waiver of any breach of this Agreement shall constitute a waiver of any other breach. This Agreement shall be construed and interpreted in accordance with the law of the State of Delaware without regard to conflicts of law. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their heirs, representatives, successors and assigns. Nothing in this Agreement, express or implied, is intended to confer on any person other than the parties and their respective successors and assigns any rights or remedies under or by virtue of this Agreement. This Agreement may be executed in counterparts and shall be binding and effective upon execution by all parties.
INTERPRETATION; MISCELLANEOUS. This Agreement may be executed by the parties hereto in one or more counterparts, each of which will be deemed to be an original, but all of which together will constitute one and the same agreement. Invalidity of any provision of this Agreement will not affect the validity of any other provision. The headings in this Agreement are solely for convenience of reference and are not to be given any effect in the construction or interpretation of this Agreement.
INTERPRETATION; MISCELLANEOUS. (a) The Parties have participated jointly in the negotiation and drafting of this Agreement. In the event an ambiguity or question of intent or interpretation arises, this Agreement shall be construed as if drafted jointly by the Parties and no presumption or burden of proof shall arise favoring or disfavoring any Party by virtue of the authorship of any of the provisions of this Agreement. Any reference to any Law shall be deemed also to refer to all rules and regulations promulgated thereunder, unless the context requires otherwise. Unless the context clearly indicates otherwise: (i) each definition herein includes the singular and the plural, (ii) each reference herein to any gender includes the masculine, feminine and neuter where appropriate, (iii) the words "include" and "including" and variations thereof shall not be deemed terms of limitation, but rather shall be deemed to be followed by the words "without limitation," (iv) the words "hereof," "herein," "hereto," "hereby," "hereunder" and derivative or similar words refer to this Agreement as an entirety and not solely to any particular provision of this Agreement, (v) each reference in this Agreement to a particular Article, Section, Exhibit or Schedule means an Article or Section of, or an Exhibit or Schedule to, this Agreement, unless another agreement is specified, (vi) unless otherwise specified, any definition of or reference to any agreement, instrument, document or Law herein shall be construed as referring to such agreement, instrument, document or Law as it may from time to time be amended, supplemented or otherwise modified, and (vii) unless otherwise specified, any references to "$" or "Dollars" shall mean U.S. Dollars.
