Common use of INTERPRETATION; MISCELLANEOUS Clause in Contracts

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. This Lease is made and entered into in the State of California and shall in all respects be interpreted, enforced and governed under the laws of the State of California. The provisions language in all parts of this Agreement Lease shall be severable in all cases construed as a whole according to their fair meaning and if any provision shall be invalid, void not strictly for or unenforceable in whole against either Tenant or in part for any reason, the remaining provisions shall remain in full force and effectLandlord. This Agreement shall be binding upon Lease has been negotiated and shall inure prepared by both Landlord and Xxxxxx. Any rule of contract interpretation to the benefit of effect that ambiguities or uncertainties are to be interpreted against the parties hereto and their respective heirsdrafting party, personal representativesor the party that caused it to exist, 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 employed in the interpretation of this Lease or any document executed in connection with any agreement or representation this Lease. The use of the words “include” and/or “including” shall not contained in a writing executed by us as provided herein. Absent manifest error, our records imply exclusively and shall be conclusive evidence with respect interpreted to mean “include(ing) without limitation.” Except as otherwise expressly provided in this Lease, whenever Landlord has 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 approve or express our opinionconsent to or make any selection or determination as to any matter, the satisfaction, choices Landlord may give or withhold such approval or consent and opinions are to be made make such selection and determination in our Landlord’s sole and absolute discretion. The captions or headings herein Headings in this Lease are made for convenience and general reference purposes only and shall not be construed affect the meaning of any provisions of this Lease. The obligations of all persons comprising Tenant are joint and several as to describe, define or limit each of them. The recitals set forth at the scope or intent beginning of this Lease and the exhibits attached to and referred to in this Lease are incorporated into this Lease. Time is of the provisions essence with respect to the performance by Landlord and Tenant of each and every obligation under any provision of this Lease. If any term, provision, condition or covenant of this Lease or its application to any party or circumstance shall be held, to any extent, invalid or unenforceable, then the remainder of this Lease, or the application of such document. As used hereinterm, all masculine pronouns provision, condition or covenant to any party or circumstances other than those as to whom or which it is held invalid or unenforceable, shall include the feminine or neuter, not be effected 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 valid and enforceable to the parties only and shall not, fullest extent permitted by reason of such action, be construed against us or any other partylaw.

INTERPRETATION; MISCELLANEOUS. The This Agreement shall only be valid when accepted by us at our home office in Utah. Except as otherwise stated in Section 19, 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 1311). This Agreement, together with the other agreements and instruments mentioned herein or executed by you contemporaneously herewith, constitutes the entire agreement of the parties hereto and we shall not be charged with any agreement or representation not contained in a writing executed by us as provided herein. Any modifications to this Agreement, which is our form agreement used for all loans we make, must be made in a separate amending document signed by both parties. 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 Weekly Payment Amounts and other amounts 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 “Sections” shall be deemed to refer to the numbered 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 hereto only and shall not, by reason of such action, be construed against us or any other party.

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 signed record executed by us as provided herein. All rights and obligations of AETRS, Lender, our affiliates and the Borrowers concerning Card acceptance continue to be governed by the terms of the Card Acceptance Agreement. 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.