Interpretations. In this Agreement, unless a clear contrary intention appears, (a) the words “herein,” “hereof” and “hereunder” and other words of similar import refer to this Agreement as a whole and not to any particular Article, Section or other subdivision, (b) reference to any Article or Section means such Article or Section hereof, (c) the words “including” (and with correlative meaning “include”) means including, without limiting the generality of any description preceding such term and (d) where any provision of this Agreement refers to action to be taken by either party, or which such party is prohibited from taking an action, such provision shall be applicable whether such action is taken directly or indirectly by such party.
Appears in 23 contracts
Samples: Employment Agreement (Northern Tier Energy LP), Employment Agreement (Northern Tier Energy LP), Employment Agreement (Western Refining, Inc.)
Interpretations. In this Agreement, unless a clear contrary intention appears, (a) the words “herein,” “hereof” and “hereunder” and other words of similar import refer to this Agreement as a whole and not to any particular Article, Section or other subdivision, (b) reference to any Article or Section Section, means such Article or Section hereof, (c) the words “including” (and with correlative meaning “include”) means including, without limiting the generality of any description preceding such term term, and (d) where any provision of this Agreement refers to action to be taken by either party, or which such party is prohibited from taking an actiontaking, such provision shall be applicable whether such action is taken directly or indirectly by such party.
Appears in 22 contracts
Samples: Employment Agreement (Concho Resources Inc), Employment Agreement (Concho Resources Inc), Employment Agreement (Concho Resources Inc)
Interpretations. In this Agreement, unless a clear contrary intention appears, (a) the words “herein,” “hereof,” and “hereunder,” and other words of similar import refer to this Agreement as a whole and not to any particular Article, Section Section, or other subdivision, (b) reference to any Article or Section means such Article or Section hereof, (c) the words word “including” (and with correlative meaning meaning, “include”) means including, without limiting the generality of any description preceding such term term, and (d) where any provision of this Agreement refers to action to be taken by either party, or which such party is prohibited from taking an actiontaking, such provision shall be applicable whether such action is taken directly or indirectly by such party.
Appears in 14 contracts
Samples: Employment Agreement (West Texas Resources, Inc.), Employment Agreement (Atomera Inc), Employment Agreement (Atomera Inc)
Interpretations. (a) In this Agreement, unless a clear contrary intention appears, (ai) the words “"herein,” “" "hereof” " and “"hereunder” " and other words of similar import refer to this Agreement as a whole and not to any particular Article, Section or other subdivision, (bii) reference to any Article or Section Section, means such Article or Section hereof, (ciii) the words “"including” " (and with correlative meaning “"include”") means including, without limiting the generality of any description preceding such term term, and (div) where any provision of this Agreement refers to action to be taken by either party, or which such party is prohibited from taking an actiontaking, such provision shall be applicable whether such action is taken directly or indirectly by such party.
Appears in 12 contracts
Samples: Employment Agreement (Heritage Propane Partners L P), Employment Agreement (American Capital Strategies LTD), Employment Agreement (American Capital Strategies LTD)
Interpretations. In this Agreement, unless a clear contrary intention appears, (a) the words “"herein,” “" "hereof” " and “"hereunder” " and other words of similar import refer to this Agreement as a whole and not to any particular Article, Section or other subdivision, (b) reference to any Article or Section Section, means such Article or Section hereof, (c) the words “"including” " (and with correlative meaning “"include”") means including, without limiting the generality of any description preceding such term term, and (d) where any provision of this Agreement refers to action to be taken by either party, or which such party is prohibited from taking an actiontaking, such provision shall be applicable whether such action is taken directly or indirectly by such party.
Appears in 10 contracts
Samples: Employment Agreement (Superior Well Services, INC), Employment Agreement (Superior Well Services, INC), Employment Agreement (Superior Well Services, INC)
Interpretations. In this Agreement, unless a clear contrary intention appears, (a) the words “herein,” “hereof” hereof and “hereunder” and other words of similar import refer to this Agreement as a whole and not to any particular Article, Section or other subdivision, (b) reference to any Article or Section Section, means such Article or Section hereof, (c) the words “including” (and with correlative meaning “include”) means including, without limiting the generality of any description preceding such term term, and (d) where any provision of this Agreement refers to action to be taken by either party, or which such party is prohibited from taking an actiontaking, such provision shall be applicable whether such action is taken directly or indirectly by such party.
Appears in 7 contracts
Samples: Employment Agreement (Superior Well Services, INC), Employment Agreement (Energy Xxi (Bermuda) LTD), Employment Agreement (Energy Xxi (Bermuda) LTD)
Interpretations. (a) In this Agreement, unless a clear contrary intention appears, (ai) the words “"herein,” “" "hereof” " and “"hereunder” " and other words of similar import refer to this Agreement as a whole and not to any particular Article, Section or other subdivision, (bii) reference to any Article or Section Section, means such Article or Section hereof, (ciii) the words “"including” " (and with correlative meaning “"include”") means including, without limiting the generality of any description preceding such term term, and (div) where any provision of this Agreement refers to action to be taken by either party, or which such party is prohibited from taking an actiontaking, such provision shall be applicable whether such action is taken directly or indirectly by such party.
(b) The Article and Section headings herein are for convenience only and shall not affect the construction hereof. ARTICLE II Employment:
Appears in 6 contracts
Samples: Employment Agreement (American Capital Strategies LTD), Employment Agreement (American Capital Strategies LTD), Employment Agreement (American Capital Strategies LTD)
Interpretations. (a) In this Agreement, unless a clear contrary intention appears, (ai) the words “herein,” “hereof” and “hereunder” and other words of similar import refer to this Agreement as a whole and not to any particular Article, Section or other subdivision, (bii) reference to any Article or Section Section, means such Article or Section hereof, (ciii) the words “including” (and with correlative meaning “include”) means including, without limiting the generality of any description preceding such term term, and (div) where any provision of this Agreement refers to action to be taken by either party, or which such party is prohibited from taking an actiontaking, such provision shall be applicable whether such action is taken directly or indirectly by such party.
(b) The Article and Section headings herein are for convenience only and shall not affect the construction hereof.
Appears in 4 contracts
Samples: Employment Agreement (Crosstex Energy Lp), Employment Agreement (American Capital Strategies LTD), Employment Agreement (Four Rivers Bioenergy Inc.)
Interpretations. In this Agreement, unless a clear contrary intention appears, (a) the words “herein,” “hereof,” and “hereunder,” and other words of similar import refer to this Agreement as a whole and not to any particular Article, Section Section, or other subdivision, subdivision (b) reference to any Article or Section means such Article or Section hereof, (c) the words word “including” (and with correlative meaning mean, “include”) means including, without limiting the generality of any description preceding such term term, and (d) where any provision of this Agreement refers to action to be taken by either party, or which such party is prohibited from taking an actiontaking, such provision shall be applicable whether such action is taken directly or indirectly by such party.
Appears in 4 contracts
Samples: Employment Agreement (Atomera Inc), Employment Agreement (Atomera Inc), Employment Agreement (Atomera Inc)
Interpretations. (a) In this Agreement, unless a clear contrary intention appears, (ai) the words “herein,” “hereof” and “hereunder” and other words of similar import refer to this Agreement as a whole and not to any particular Article, Section or other subdivision, (bii) reference to any Article or Section Section, means such Article or Section hereof, (ciii) the words “including” (and with correlative meaning “include”) means including, without limiting the generality of any description preceding such term term, and (div) where any provision of this Agreement refers to action to be taken by either party, or which such party is prohibited from taking an actiontaking, such provision shall be applicable whether such action is taken directly or indirectly by such party.
Appears in 2 contracts
Interpretations. In this Agreement, unless a clear contrary intention appears, (a) the words “herein,” “hereof” and “hereunder” and other words of similar import refer to this Agreement as a whole and not to any particular Article, Section or other subdivision, (b) reference to any Article or Section means such Article or Section hereof, (c) the words “including” (and with correlative meaning “include”) means including, without limiting the generality of any description preceding such term term, and (d) where any provision of this Agreement refers to action to be taken by either party, or which such party is prohibited from taking an actiontaking, such provision shall be applicable whether such action is taken directly or indirectly by such party.
Appears in 2 contracts
Samples: Employment Agreement (Concho Resources Inc), Employment Agreement (Concho Resources Inc)
Interpretations. In this Agreement, unless a clear contrary intention appears, (a) the words “herein,” “hereof” and “hereunder” and other words of similar import refer to this Agreement as a whole and not to any particular Article, Section or other subdivision, (b) reference to any Article or Section Section, means such Article or Section hereof, (c) the words word “including” (and with correlative meaning “include”) means including, without limiting the generality of any description preceding such term and (d) where any provision of this Agreement refers to action to be taken by either party, or any action which such party is prohibited from taking an actiontaking, such provision shall be applicable whether such action is taken directly or indirectly by such party.
Appears in 2 contracts
Samples: Waiver Agreement (Genesis Energy Lp), Waiver Agreement (Genesis Energy Lp)
Interpretations. In this Agreement, unless a clear contrary intention appears, : (a) the words “herein,” “hereof” and “hereunder” and other words of similar import refer to this Agreement as a whole and not to any particular Article, Section or other subdivision, ; (b) reference to any Article or Section means such Article or Section hereof, ; (c) the words “including” (and with correlative meaning “include”) means including, without limiting the generality of any description preceding such term term; and (d) where any provision of this Agreement refers to action to be taken by either party, or which such party is prohibited from taking an action, such provision shall be applicable whether such action is taken directly or indirectly by such party.
Appears in 1 contract
Samples: Consulting and Non Competition Agreement (Western Refining, Inc.)
Interpretations. (a) In this Agreement, unless a clear contrary intention appears, (ai) the words “"herein,” “" "hereof” " and “"hereunder” " and other words of similar import refer to this Agreement as a whole and not to any particular Article, Section or other subdivision, (bii) reference to any Article or Section Section, means such Article or Section hereof, (ciii) the words “"including” " (and with correlative meaning “"include”") means including, without limiting the generality of any description preceding such term term, and (div) where any provision of this Agreement refers to action to be taken by either party, or which such party is prohibited from taking an actiontaking, such provision shall be applicable whether such action is taken directly or indirectly by such party.
(b) The Article and Section headings herein are for convenience only and shall not affect the construction hereof. ARTICLE
Appears in 1 contract
Interpretations. (a) In this Agreement, unless a clear contrary intention appears, (ai) the words “"herein,” “" "hereof” " and “"hereunder” " and other words of similar import refer to this Agreement as a whole and not to any particular Article, Section or other subdivision, (bii) reference to any Article or Section Section, means such Article or Section hereof, (ciii) the words “"including” " (and with correlative meaning “"include”") means including, without limiting the generality of any description preceding such term term, and (div) where any provision of this Agreement refers to action to be taken by either party, or which such party is prohibited from taking an actiontaking, such provision shall be applicable whether such action is taken directly or indirectly by such party.
(b) The Article and Section headings herein are for convenience only and shall not affect the construction hereof. ARTICLE 2 Employment:
Appears in 1 contract
Samples: Employment Agreement (American Capital Strategies LTD)
Interpretations. In this Agreement, unless a clear contrary intention appears, (a) the words “herein,” “hereof” and “hereunder” and other words of similar import refer to this Agreement as a whole and not to any particular Article, Section or other subdivision, (ba) reference to any Article or Section means such Article or Section hereof, (ca) the words “including” (and with correlative meaning “include”) means including, without limiting the generality of any description preceding such term and (da) where any provision of this Agreement refers to action to be taken by either party, or which such party is prohibited from taking an action, such provision shall be applicable whether such action is taken directly or indirectly by such party.
Appears in 1 contract
Interpretations. In this Agreement, unless a clear contrary intention appears, (a) the words “herein,” “hereof” and “hereunder” and other words of similar import refer to this Agreement as a whole and not to any particular Article, Section Section, or other subdivision, (b) reference to any Article or Section Section, means such Article or Section hereof, (c) the words “including” (and with correlative meaning “include”) means including, without limiting the generality of any description preceding such term term, and (d) where any provision of this Agreement refers to action to be taken by either party, or which such party is prohibited from taking an actiontaking, such provision shall be applicable whether such action is taken directly or indirectly by such party.
Appears in 1 contract
Interpretations. (a) In this Agreement, unless a clear contrary intention appears, (ai) the words “"herein,” “" "hereof” " and “"hereunder” " and other words of similar import refer to this Agreement as a whole and not to any particular Article, Section or other subdivision, (bii) reference to any Article or Section Section, means such Article or Section hereof, (ciii) the words “"including” " (and with correlative meaning “"include”") means including, without limiting the generality of any description preceding such term term, and (div) where any provision of this Agreement refers to action to be taken by either any party, or which such party is prohibited from taking an action, such provision shall be applicable whether such action is taken directly or indirectly by such party.,
Appears in 1 contract
Interpretations. (a) In this Agreement, unless a clear contrary intention appears, (ai) the words “"herein,” “" "hereof” " and “"hereunder” " and other words of similar import refer to this Agreement as a whole and not to any particular Article, Section or other subdivision, (bii) reference to any Article or Section Section, means such Article or Section hereof, (ciii) the words “"including” " (and with correlative meaning “"include”") means including, without limiting the generality of any description preceding such term term, and (div) where any provision of this Agreement refers to action to be taken by either any party, or which such party is prohibited from taking an actiontaking, such provision shall be applicable whether such action is taken directly or indirectly by such party.
Appears in 1 contract
Interpretations. (A) In this Agreement, unless a clear contrary intention appears, (ai) the words “"herein,” “" "hereof” " and “"hereunder” " and other words of similar import refer to this Agreement as a whole and not to any particular Article, Section or other subdivision, (bii) reference to any Article or Section means such Article or Section hereof, (ciii) the words “word "including” " (and with correlative meaning “"include”") means including, without limiting the generality of any description preceding or succeeding such term term, and (div) where any provision of this Agreement refers to action to be taken by either party, or which such party is prohibited from taking an actiontaking, such provision shall be applicable whether such action is taken directly or indirectly by such party.
Appears in 1 contract
Samples: Employment Agreement (Keyspan Corp)
Interpretations. In this Agreement, unless a clear contrary intention appears, : (a) the words “"herein,” “" "hereof” " and “"hereunder” " and other words of similar import refer to this Agreement as a whole and not to any particular Article, Section or other subdivision, ; (b) reference to any Article or Section means such Article or Section hereof, ; (c) the words “"including” " (and with correlative meaning “"include”") means including, without limiting the generality of any description preceding such term term; and (d) where any provision of this Agreement refers to action to be taken by either party, or which such party is prohibited from taking an action, such provision shall be applicable whether such action is taken directly or indirectly by such party.
Appears in 1 contract
Samples: Consulting and Non Competition Agreement (Giant Industries Inc)
Interpretations. In this Agreement, unless a clear contrary intention appears, (a) the words “herein,” “hereof,” and “hereunder,” and other words of similar import refer to this Agreement as a whole and not to any particular Article, Section Section, or other subdivision, (b) reference to any Article or Section means such Article or Section hereof, (c) the words word “including” (and with correlative meaning meaning, “include”) means including, without limiting the generality of any description preceding such term term, and (d) where any provision of this Agreement refers to action to be taken by either party, or which such party is prohibited from taking an actiontaking, such provision shall will be applicable whether such action is taken directly or indirectly by such party.
Appears in 1 contract
Samples: Employment Agreement (Energy Hunter Resources, Inc.)
Interpretations. (a) In this Agreement, unless a clear contrary intention appears, (ai) the words “"herein,” “" "hereof” " and “"hereunder” " and other words of similar import refer to this Agreement as a whole and not to any particular Article, Section or other subdivision, (bii) reference to any Article or Section means such Article or Section hereof, (ciii) the words “"including” " (and with correlative meaning “"include”") means including, without limiting the generality of any description preceding such term term, and (div) where any provision of this Agreement refers to action to be taken by either any party, or which such party is prohibited from taking an actiontaking, such provision shall be applicable whether such action is taken directly or indirectly by such party.
Appears in 1 contract
Interpretations. (A) In this Agreement, unless a clear contrary intention appears, (ai) the words “"herein,” “" "hereof” " and “"hereunder” " and other words of similar import refer to this Agreement as a whole and not to any particular Article, Section or other subdivision, (bii) reference to any Article or Section Section, means such Article or Section hereof, (ciii) the words “word "including” " (and with correlative meaning “"include”") means including, without limiting the generality of any description preceding such term term, and (div) where any provision of this Agreement refers to action to be taken by either party, or which such party is prohibited from taking an actiontaking, such provision shall be applicable whether such action is taken directly or indirectly by such party.
Appears in 1 contract
Samples: Employment Agreement (Keyspan Corp)