Common use of Interpretive Provisions Clause in Contracts

Interpretive Provisions. A. The meanings of defined terms include the singular and plural forms. B. The words “hereof,” “herein,” “hereunder,” and similar words refer to this Contract as a whole and not to any particular provision, section, Attachment, or schedule of this Contract unless otherwise specified. C. The term “including” is not limiting and means “including without limitation” and, unless otherwise expressly provided in this Contract, (i) references to contracts (including this Contract) and other contractual instruments shall be deemed to include all subsequent Amendments and other modifications, but only to the extent that such Amendments and other modifications are not prohibited by the terms of this Contract, and (ii) references to any statute or regulation are to be construed as including all statutory and regulatory provisions consolidating, amending, replacing, supplementing, or interpreting the statute or regulation. D. Any references to “sections,” “appendices,” or “attachments” are references to sections, appendices, or attachments of the Contract. E. Any references to agreements, contracts, statutes, or administrative rules or regulations in the Contract are references to these documents as amended, modified, or supplemented from time to time during the term of the Contract. F. The captions and headings of this Contract are for convenience of reference only and do not affect the interpretation of this Contract. G. All Attachments, including those incorporated by reference, and any Amendments are considered part of the terms of this Contract. H. This Contract may use several different limitations, regulations, or policies to regulate the same or similar matters. All such limitations, regulations, and policies are cumulative and each will be performed in accordance with its terms. I. Unless otherwise expressly provided, reference to any action of the System Agency or by the System Agency by way of consent, approval, or waiver will be deemed modified by the phrase “in its sole discretion.” J. Time is of the essence in this Contract.

Appears in 366 contracts

Samples: Grant Agreement, Contract for Inpatient Comprehensive Rehabilitation Services and Outpatient Hospital Services, Grant Agreement

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Interpretive Provisions. A. The meanings of defined terms include the singular and plural forms. B. The words “hereof,” “herein,” “hereunder,” and similar words refer to this Contract as a whole and not to any particular provision, section, Attachment, or schedule of this Contract unless otherwise specified. C. The term “including” is not limiting and means “including without limitation” and, unless otherwise expressly provided in this Contract, (i) references to contracts (including this Contract) and other contractual instruments shall be deemed to include all subsequent Amendments and other modifications, but only to the extent that such Amendments and other modifications are not prohibited by the terms of this Contract, and (ii) references to any statute or regulation are to be construed as including all statutory and regulatory provisions consolidating, amending, replacing, supplementing, or interpreting the statute or regulation. D. Any references to “sections,” “appendices,” or “attachments” are references to sections, appendices, or attachments of the Contract. E. Any references to agreements, contracts, statutes, or administrative rules or regulations in the Contract are references to these documents as amended, modified, or supplemented from time to time during the term of the Contract. F. The captions and headings of this Contract are for convenience of reference only and do not affect the interpretation of this Contract. G. All Attachments, including those incorporated by reference, and any Amendments are considered part of the terms of this Contract. H. This Contract may use several different limitations, regulations, or policies to regulate the same or similar matters. All such limitations, regulations, and policies are cumulative cumulative, and each will be performed in accordance with its terms. I. Unless otherwise expressly provided, reference to any action of the System Agency or by the System Agency by way of consent, approval, or waiver will be deemed modified by the phrase “in its sole discretion.” J. Time is of the essence in this Contract.

Appears in 102 contracts

Samples: Professional Services, Contract for Newborn Screening Program Benefits, Contract

Interpretive Provisions. A. a. The meanings of defined terms include are equally applicable to the singular and plural formsforms of the defined terms. B. b. The words “hereof,” “herein,” “hereunder,” and similar words refer to this Contract as a whole and not to any particular provision, section, Attachment, or schedule of this Contract unless otherwise specified. C. c. The term “including” is not limiting and means “including without limitation” and, unless otherwise expressly provided in this Contract, (i) references to contracts (including this Contract) and other contractual instruments shall be deemed to include all subsequent Amendments and other modificationsmodifications thereto, but only to the extent that such Amendments and other modifications are not prohibited by the terms of this Contract, and (ii) references to any statute or regulation are to be construed as including all statutory and regulatory provisions consolidating, amending, replacing, supplementing, or interpreting the statute or regulation. D. d. Any references to “sections,” “appendices,” or “attachments” are references to sections, appendices, or attachments of the Contract. E. e. Any references to agreements, contracts, statutes, or administrative rules or regulations in the Contract are references to these documents as amended, modified, or supplemented from time to time during the term of the Contract. F. f. The captions and headings of this Contract are for convenience of reference only and do not affect the interpretation of this Contract. G. g. All AttachmentsAttachments within this Contract, including those incorporated by reference, and any Amendments are considered part of the terms of this Contract. H. h. This Contract may use several different limitations, regulations, or policies to regulate the same or similar matters. All such limitations, regulations, and policies are cumulative and each will be performed in accordance with its terms. I. i. Unless otherwise expressly provided, reference to any action of the System Agency or by the System Agency by way of consent, approval, or waiver will be deemed modified by the phrase “in its sole discretion.” J. j. Time is of the essence in this Contract.

Appears in 67 contracts

Samples: Grant Contract, Grant Contract, Grant Agreement

Interpretive Provisions. A. The meanings of defined terms include are equally applicable to the singular and plural formsforms of the defined terms. B. The words “hereof,” “herein,” “hereunder,” and similar words refer to this Contract as a whole and not to any particular provision, section, Attachment, or schedule of this Contract unless otherwise specified. C. The term “including” is not limiting and means “including without limitation” and, unless otherwise expressly provided in this Contract, (i) references to contracts (including this Contract) and other contractual instruments shall be deemed to include all subsequent Amendments and other modificationsmodifications thereto, but only to the extent that such Amendments and other modifications are not prohibited by the terms of this Contract, and (ii) references to any statute or regulation are to be construed as including all statutory and regulatory provisions consolidating, amending, replacing, supplementing, or interpreting the statute or regulation. D. Any references to “sections,” “appendices,” or “attachments” are references to sections, appendices, or attachments of the Contract. E. Any references to agreements, contracts, statutes, or administrative rules or regulations in the Contract are references to these documents as amended, modified, or supplemented from time to time during the term of the Contract. F. The captions and headings of this Contract are for convenience of reference only and do shall not affect the interpretation of this Contract. G. All AttachmentsAttachments within this Contract, including those incorporated by reference, and any Amendments are considered part of the terms of this Contract. H. This Contract may use several different limitations, regulations, or policies to regulate the same or similar matters. All such limitations, regulations, and policies are cumulative and each will shall be performed in accordance with its terms. I. Unless otherwise expressly provided, reference to any action of the System Agency or by the System Agency by way of consent, approval, or waiver will shall be deemed modified by the phrase “in its sole discretion.” J. Time is of the essence in this Contract.

Appears in 14 contracts

Samples: Interlocal Cooperation Contract, Interlocal Cooperation Contract, Interlocal Cooperation Contract

Interpretive Provisions. A. a) The meanings of defined terms include apply to the singular and plural forms.forms of the defined terms; B. b) The words “hereof,” “herein,” “hereunder,” and similar words refer to this Contract as a whole and not to any particular provision, section, Attachmentattachment, or payment benchmark schedule of this Contract Contract, unless otherwise specified.; C. c) The term “including” is not limiting limited, and means “including including, without limitation” and, unless otherwise expressly provided in this Contract, (i; d) references References to contracts (including this Contract) and other contractual instruments shall be deemed to include all subsequent Amendments and other modificationsmodifications thereto, but only to the extent that such Amendments and other modifications are not prohibited by the terms of this Contract; e) References to contracts include subsequent amendments and other modifications thereto, to the extent such amendments and modifications are not prohibited by the terms of this Contract, and (ii) references a reference to any a statute or regulation are to be construed as including all includes statutory and or regulatory provisions consolidating, amending, replacing, supplementing, or interpreting the statute or regulation.; D. Any references to “sections,” “appendices,” or “attachments” are references to sections, appendices, or attachments of the Contract. E. Any references to agreements, contracts, statutes, or administrative rules or regulations in the Contract are references to these documents as amended, modified, or supplemented from time to time during the term of the Contract. F. f) The captions and headings of this Contract are for convenience of reference only and do shall not affect the interpretation of this Contract.; G. g) All AttachmentsAttachments to this Contract, including those incorporated by reference, and any Amendments amendments are considered part of the terms of this Contract.; H. h) This Contract may use several different limitations, regulations, or policies to regulate the same or similar matters. All Each such limitationslimitation, regulationsregulation, and policies policy are cumulative and each will shall be performed in accordance with its terms.; I. i) Unless otherwise expressly provided, reference to any action of the System Agency GLO or by the System Agency GLO by way of consent, approval, or waiver will shall be deemed modified by the phrase “in its the sole discretiondiscretion of the GLO.” Notwithstanding the preceding sentence, any approval, consent, or waiver required by, or requested of, the GLO shall not be unreasonably withheld or delayed; J. j) All due dates and/or deadlines referenced in this Contract that occur on a weekend or holiday shall be considered as if occurring on the next business day; k) All time periods in this Contract shall commence on the day after the date on which the applicable event occurred, report is submitted, or request is received; l) Time is of the essence in this Contract.; and m) In the event of conflicts or inconsistencies between this Contract and its attachments, such conflicts or inconsistencies shall be resolved by reference to the documents in the following order or priority: 1) Attachment D; 2) the Contract; 3) GLO-approved Program Guidelines;

Appears in 6 contracts

Samples: Grant Agreement, Grant Agreement, Grant Agreement

Interpretive Provisions. A. The meanings of defined terms include the singular and plural forms. B. The words “hereof,” “herein,” “hereunder,” and similar words refer to this Contract as a whole and not to any particular provision, section, Attachment, or schedule of this Contract unless otherwise specified. C. The term “including” is not limiting and means “including without limitation” and, unless otherwise expressly provided in this Contract, (i) references to contracts (including this Contract) and other contractual instruments shall be deemed to include all subsequent Amendments and other modifications, but only to the extent that such Amendments and other modifications are not prohibited by the terms of this Contract, and (ii) references to any statute or regulation are to be construed as including all statutory and regulatory provisions consolidating, amending, replacing, supplementing, or interpreting the statute or regulation. D. Any references to “sections,” “appendices,” or “attachments” are references to sections, appendices, or attachments of the Contract. E. Any references to agreements, contracts, statutes, or administrative rules or regulations in the Contract are references to these documents as amended, modified, or supplemented from time to time during the term of the Contract. F. The captions and headings of this Contract are for convenience of reference only and do not affect the interpretation of this Contract. G. All Attachments, including those incorporated by reference, and any Amendments are considered part of the terms of this Contract. H. This Contract may use several different limitations, regulations, or policies to regulate the same or similar matters. All such limitations, regulations, and policies are cumulative cumulative, and each will be performed in accordance with its terms. I. Unless otherwise expressly provided, reference to any action of the System Agency or by the System Agency by way of consent, approval, or waiver will be deemed modified by the phrase “in its sole discretion.” J. Time is of the essence in this Contract.

Appears in 5 contracts

Samples: Contract Affirmations, Contract Affirmations, Contract Affirmations

Interpretive Provisions. A. The meanings table of contents and headings contained in this Agreement are for reference purposes only and will not affect in any way the meaning or interpretation of this Agreement. Terms defined in the singular shall have a comparable meaning when used in the plural, and vice versa; the terms “Dollars” and “$” mean United States Dollars. Reference in this Agreement to gender shall include all genders, and words imparting the singular number only shall include the singular plural and plural forms. B. vice versa. The words use of the terms “hereunder,” “hereof,” “herein,” “hereunder,hereto” and words of similar words import shall refer to this Contract Agreement as a whole and not to any particular provisionArticle, sectionSection or clause of or Exhibit, Attachment, Annex or schedule Schedule to this Agreement. The use of this Contract unless otherwise specified. C. The term the terms “including” is not limiting and means or including include” shall in all cases herein mean “including, without limitation” andor “include, unless otherwise expressly provided in this Contract, (i) references to contracts (including this Contract) and other contractual instruments shall be deemed to include all subsequent Amendments and other modifications, but only without limitation,” respectively. With respect to the extent that determination of any period of time, the word “from” means “from and including” and the words “to” and “until” each means “to but excluding.” Reference to any Person includes such Amendments Person’s predecessors, successors and other modifications assigns to the extent, in the case of successors and assigns, such successors and assigns are not prohibited permitted by the terms of any applicable agreement however, that nothing contained herein is intended to authorize any assignment or transfer not otherwise permitted by this Contract, and (ii) references Agreement. Reference to a Person in a particular capacity excludes such Person in any other capacity or individually. Reference to any statute agreement (including this Agreement), document or regulation are instrument means such agreement, document or instrument as amended or modified and in effect from time to be construed as including all statutory and regulatory provisions consolidatingtime in accordance with the terms thereof and, amendingif applicable, replacing, supplementing, or interpreting the statute or regulation. D. Any references terms hereof. Reference to “sections,” “appendices,” or “attachments” are references to sections, appendices, or attachments of the Contract. E. Any references to agreements, contracts, statutes, or administrative rules or regulations in the Contract are references to these documents any Law means such Law as amended, modified, codified, replaced or supplemented from time to time during the term of the Contract. F. The captions and headings of this Contract are for convenience of reference only and do not affect the interpretation of this Contract. G. All Attachmentsre-enacted, in whole or in part, including those incorporated by reference, and any Amendments are considered part of the terms of this Contract. H. This Contract may use several different limitationsrules, regulations, enforcement procedures and any interpretations promulgated thereunder. Underscored references to Articles, Sections, Exhibits or policies Schedules shall refer to regulate those portions of this Agreement. In the same event of a conflict between language or similar matters. All such limitationsamounts contained in the body of this Agreement and language or amounts contained in the Exhibits attached hereto, regulations, and policies are cumulative and each will be performed the language or amounts in accordance with its terms. I. Unless otherwise expressly provided, reference to any action the body of the System Agency or by the System Agency by way of consent, approval, or waiver will be deemed modified by the phrase “in its sole discretionAgreement shall control.” J. Time is of the essence in this Contract.

Appears in 5 contracts

Samples: Securities Purchase Agreement (GlassBridge Enterprises, Inc.), Securities Purchase Agreement (Grom Social Enterprises, Inc.), Securities Purchase Agreement (Verb Technology Company, Inc.)

Interpretive Provisions. A. The meanings of defined terms include the singular and plural forms. B. The words “hereof,” “herein,” “hereunder,” and similar words refer to this Contract as a whole and not to any particular provision, section, Attachment, or schedule of this Contract unless otherwise specified. C. The term “including” is not limiting and means “including without limitation” and, unless otherwise expressly provided in this Contract, (i) references to contracts (including this Contract) and other contractual instruments shall be deemed to include all subsequent Amendments and other modifications, but only to the extent that such Amendments and other modifications are not prohibited by the terms of this Contract, and (ii) references to any statute or regulation are to be construed as including all statutory and regulatory provisions consolidating, amending, replacing, supplementing, or interpreting the statute or regulation. D. Any references to “sections,” “appendices,” or “attachments” are references to sections, appendices, or attachments of the Contract. E. Any references to agreements, contracts, statutes, or administrative rules or regulations in the Contract are references to these documents as amended, modified, or supplemented from time to time during the term of the Contract. F. The captions and headings of this Contract are for convenience of reference only and do not affect the interpretation of this Contract. G. All Attachments, including those incorporated by reference, and any Amendments are considered part of the terms of this Contract. H. This Contract may use several different limitations, regulations, or policies to regulate the same or similar matters. All such limitations, regulations, and policies are cumulative and each will be performed in accordance with its terms. I. Unless otherwise expressly provided, reference to any action of the System Agency or by the System Agency by way of consent, approval, or waiver will be deemed modified by the phrase “in its sole discretion.” J. Time is of the essence in this Contract.

Appears in 4 contracts

Samples: Contract, Contract, Grant Contract

Interpretive Provisions. A. (a) The meanings of defined terms include are equally applicable to the singular and plural forms.forms of the defined terms; B. (b) The words “hereof,” “herein,” “hereunder,” and similar words refer to this Contract as a whole and not to any particular provision, section, Attachmentattachment, work order, or schedule of this Contract Contract, unless otherwise specified.; C. (c) The term “including” is not limiting limiting, and means “including including, without limitation” and, unless otherwise expressly provided in this Contract, , (id) references References to contracts (including this Contract) and other contractual instruments shall be deemed to include all subsequent Amendments and other modificationsmodifications thereto, but only to the extent that such Amendments and other modifications are not prohibited by the terms of this Contract, and : (iie) references References to any statute or regulation are to be construed as including all statutory and regulatory provisions consolidating, amending, replacing, supplementing, or interpreting the statute or regulation. D. Any references to “sections,” “appendices,” or “attachments” are references to sections, appendices, or attachments of the Contract. E. Any references to agreements, contracts, statutes, or administrative rules or regulations in the Contract are references to these documents as amended, modified, or supplemented may be amended from time to time during the term of the Contract.time; F. (f) The captions and headings of this Contract are for convenience of reference only and do shall not affect the interpretation of this Contract.; G. (g) All AttachmentsAttachments within this Contract, including those incorporated by reference, and any Amendments Amendments, are considered part of the terms of this Contract.; H. (h) This Contract may use several different limitations, regulations, or policies to regulate the same or similar matters, which will be clearly identified in the Contract. All such limitations, regulations, and policies are cumulative and each will shall be performed in accordance with its terms.; I. (i) Unless otherwise expressly provided, reference to any action of the System Agency GLO or by the System Agency GLO by way of consent, approval, or waiver will shall be deemed modified by the phrase “in its the sole discretion.discretion of the GLO; J. (j) All due dates and/or deadlines referenced in this Contract that occur on a weekend or holiday shall be considered as if occurring on the next business day of Subrecipient; (k) All time periods in this Contract shall commence on the day after the date on which the applicable event occurred, report is submitted, or request is received; (l) Time is of the essence in this Contract; (m) In the event of conflicts or inconsistencies between this contract and its attachments, such conflicts or inconsistencies shall be resolved by reference to the documents in the following order of priority: 1) any and all applicable federal and state laws, rules, and regulations; 2) the Contract; 3) GLO-approved Program guidelines; 4) Performance Statements; and 5) Attachments to the Contract: Attachment A, Attachment B, Attachment E, Attachment C, Attachment D, Attachment F, and Attachment G. ARTICLE II – REIMBURSEMENT, ADVANCE PAYMENT, BUDGET VARIANCE, AND INCOME 2.01 REIMBURSEMENT REQUESTS Each invoice submitted by Subrecipient shall be supported by actual receipts, cancelled checks, and/or such other documentation that, in the judgment of the GLO, allows for full substantiation of the costs incurred. The GLO shall issue and provide to Subrecipient a Technical Guidance Letter containing the GLO-established invoice submission procedures required under this Contract. Prior to the issuance of the Technical Guidance Letter, the GLO will provide Subrecipient instructions for interim invoicing processes.

Appears in 3 contracts

Samples: Subrecipient Agreement, Subrecipient Agreement, Subrecipient Agreement

Interpretive Provisions. A. Unless expressly provided otherwise, any term which is defined by the UCC, wherever used in this Agreement, shall have the same meaning as is prescribed by the UCC. The meanings of defined terms include are equally applicable to the singular and plural forms. B. forms of the defined terms. The words “hereof,” “herein,” “hereunder,” and similar words refer to this Contract Agreement as a whole and not to any particular provision, section, Attachment, or schedule provision of this Contract unless otherwise specified. C. Agreement. Unless the context indicates otherwise, references to “Section,” “Subsection,” “clause” “Schedule” and “Exhibit” are references to this Agreement. The term “documents” (if not capitalized as a defined term) includes any and all instruments, documents, agreements, certificates, indentures, notices and other writings, however evidenced. The term “including” is not limiting and means “including without limitation.andUnless the context requires otherwise, in the computation of periods of time from a specified date to a later specified date, the word “from” means “from and including,” the words “to” and “until” each mean “to but excluding” and the word “through” means “to and including.” The term “discretion” when used in reference to a Person means, unless qualified by the word(s) “reasonable” or Permitted Discretion, the sole and absolute discretion of such Person, honestly determined by such Person under the circumstances. Unless otherwise expressly provided in this Contractherein, (i) references to contracts agreements (including this ContractAgreement) and other contractual instruments documents shall be deemed to include all subsequent Amendments and other modificationsamendments, but only to the extent that such Amendments restatements and other modifications are not prohibited by the terms of this Contractthereto, and (ii) references to any statute or regulation are to be construed as including all statutory and regulatory provisions consolidating, amending, replacing, supplementing, supplementing or interpreting the statute or regulation. D. Any references to “sections,” “appendices,” or “attachments” are references to sections, appendices, or attachments of the Contract. E. Any references to agreements, contracts, statutes, or administrative rules or regulations in the Contract are references to these documents as amended, modified, or supplemented from time to time during the term of the Contract. F. . The captions and headings of this Contract Agreement are for convenience of reference only and do shall not affect the interpretation of this Contract. G. All AttachmentsAgreement. This Agreement and the other Loan Documents are the result of negotiations among the parties, including those incorporated have been reviewed by referencecounsel to each party and are the products of all parties, and any Amendments are considered part in consideration thereof, it is agreed that they shall not be construed against either party solely because of the terms of this Contract. H. This Contract may use several different limitations, regulations, or policies to regulate the same or similar matterssuch party’s involvement in their preparation. All such limitations, regulations, and policies are cumulative and each will be performed in accordance with its terms. I. Unless otherwise expressly providedspecified, any reference to any action of the System Agency or by the System Agency by way of consent, approval, or waiver will time shall be deemed modified by the phrase “to mean Central Standard Time or Central Daylight Time, as applicable, as in its sole discretioneffect in Dallas County, Texas.” J. Time is of the essence in this Contract.

Appears in 2 contracts

Samples: Loan and Security Agreement (Air Industries Group), Loan and Security Agreement (Digirad Corp)

Interpretive Provisions. A. The meanings of defined terms include the singular and plural forms. B. The words "hereof,” “" "herein,” “" "hereunder," and similar words refer to this Contract as a whole and not to any particular provision, section, Attachment, or schedule of this Contract unless otherwise specified. C. The term "including" is not limiting and means "including without limitation" and, unless otherwise expressly provided in this Contract, (i) references to contracts (including this Contract) and other contractual instruments shall be deemed to include all subsequent Amendments and other modifications, but only to the extent that such Amendments and other modifications are not prohibited by the terms of this Contract, and (ii) references to any statute or regulation are to be construed as including all statutory and regulatory provisions consolidating, amending, replacing, supplementing, or interpreting the statute or regulation. D. Any references to "sections,” “" "appendices," or "attachments" are references to sections, appendices, or attachments of the Contract. E. Any references to agreements, contracts, statutes, or administrative rules or regulations in the Contract are references to these documents as amended, modified, or supplemented from time to time during the term of the Contract. F. The captions and headings of this Contract are for convenience of reference only and do not affect the interpretation of this Contract. G. All Attachments, including those incorporated by reference, and any Amendments are considered part of the terms of this Contract. H. This Contract may use several different limitations, regulations, or policies to regulate the same or similar matters. All such limitations, regulations, and policies are cumulative cumulative, and each will be performed in accordance with its terms. I. Unless otherwise expressly provided, reference to any action of the System Agency or by the System Agency by way of consent, approval, or waiver will be deemed modified by the phrase "in its sole discretion." J. Time is of the essence in this Contract.

Appears in 1 contract

Samples: Services Agreement

Interpretive Provisions. A. The meanings of defined terms include the singular and plural forms. B. The words “hereof,” “herein,” “hereunder,” and similar words refer to this Contract as a whole and not to any particular provision, section, Attachment, or schedule of this Contract unless otherwise specified. C. The term “including” is not limiting and means “including without limitation” and, unless otherwise expressly provided in this Contract, (i) references to contracts (including this Contract) and other contractual instruments shall be deemed to include all subsequent Amendments and other modifications, but only to the extent that such Amendments and other modifications are not prohibited by the terms of this Contract, and (ii) references to any statute or regulation are to be construed as including all statutory and regulatory provisions consolidating, amending, replacing, supplementing, or interpreting the statute or regulation. D. Any references to “sections,” “appendices,” or “attachments” are references to sections, appendices, or attachments of the Contract. E. Any references to agreements, contracts, statutes, or administrative rules or regulations in the Contract are references to these documents as amended, modified, or supplemented from time to time during the term of the Contract. F. The captions and headings of this Contract are for convenience of reference only and do not affect the interpretation of this Contract. G. All Attachments, including those incorporated by reference, and any Amendments are considered part of the terms of this Contract. H. This Contract may use several different limitations, regulations, or policies to regulate the same or similar matters. All such limitations, regulations, and policies are cumulative cumulative, and each will be performed in accordance with its terms. I. Unless otherwise expressly provided, reference to any action of the System Agency or by the System Agency by way of consent, approval, or waiver will be deemed modified by the phrase “in its sole discretion.” J. Time is of the essence in this Contract.

Appears in 1 contract

Samples: Grant Contract

Interpretive Provisions. A. The meanings table of contents and headings contained in this Agreement are for reference purposes only and will not affect in any way the meaning or interpretation of this Agreement. Terms defined in the singular shall have a comparable meaning when used in the plural, and vice versa; the terms “Dollars” and “$” mean United States Dollars. Reference in this Agreement to gender shall include all genders, and words imparting the singular number only shall include the singular plural and plural forms. B. vice versa. The words use of the terms “hereunder,” “hereof,” “herein,” “hereunder,hereto” and words of similar words import shall refer to this Contract Agreement as a whole and not to any particular provisionArticle, sectionSection or clause of or Exhibit, Attachment, Annex or schedule Schedule to this Agreement. The use of this Contract unless otherwise specified. C. The term the terms “including” is not limiting and means or including include” shall in all cases herein mean “including, without limitation” andor “include, unless otherwise expressly provided in this Contract, (i) references to contracts (including this Contract) and other contractual instruments shall be deemed to include all subsequent Amendments and other modifications, but only without limitation,” respectively. With respect to the extent that determination of any period of time, the word “from” means “from and including” and the words “to” and “until” each means “to but excluding.” Reference to any Person includes such Amendments Person’s predecessors, successors and other modifications assigns to the extent, in the case of successors and assigns, such successors and assigns are not prohibited permitted by the terms of any applicable agreement however, that nothing contained in this Contract, and (ii) references Section 1.02 is intended to authorize any assignment or transfer not otherwise permitted by this Agreement. Reference to a Person in a particular capacity excludes such Person in any other capacity or individually. Reference to any statute agreement (including this Agreement), document or regulation are instrument means such agreement, document or instrument as amended or modified and in effect from time to be construed as including all statutory and regulatory provisions consolidatingtime in accordance with the terms thereof and, amendingif applicable, replacing, supplementing, or interpreting the statute or regulation. D. Any references terms hereof. Reference to “sections,” “appendices,” or “attachments” are references to sections, appendices, or attachments of the Contract. E. Any references to agreements, contracts, statutes, or administrative rules or regulations in the Contract are references to these documents any Law means such Law as amended, modified, codified, replaced or supplemented from time to time during the term of the Contract. F. The captions and headings of this Contract are for convenience of reference only and do not affect the interpretation of this Contract. G. All Attachmentsre-enacted, in whole or in part, including those incorporated by reference, and any Amendments are considered part of the terms of this Contract. H. This Contract may use several different limitationsrules, regulations, enforcement procedures and any interpretations promulgated thereunder. Underscored references to Articles, Sections, Exhibits or policies Schedules shall refer to regulate those portions of this Agreement. In the same event of a conflict between language or similar matters. All such limitationsamounts contained in the body of this Agreement and language or amounts contained in the Exhibits attached hereto, regulations, and policies are cumulative and each will be performed the language or amounts in accordance with its terms. I. Unless otherwise expressly provided, reference to any action the body of the System Agency or by the System Agency by way of consent, approval, or waiver will be deemed modified by the phrase “in its sole discretionAgreement shall control.” J. Time is of the essence in this Contract.

Appears in 1 contract

Samples: Restructuring, Settlement and Mutual General Release Agreement (Ngen Technologies Holdings Corp.)

Interpretive Provisions. A. a. Any capitalized term contained in this Appendix that is not defined in this Appendix shall have the meaning assigned to the capitalized term as a defined term in the Agreement, including its Attachments. b. The meanings meaning of a defined terms include the term applies to its singular and plural forms. B. c. The words “hereof,” “herein,” “hereunder,” and similar words refer to this Contract Appendix as a whole and not to any particular provision, section, Attachment, or schedule of this Contract Appendix unless otherwise specified. C. d. The term word “including” is not limiting and means “including including, without limitation” and, unless .” e. Unless otherwise expressly provided in this Contractprovided, (i) references a reference to contracts (including this Contract) and other contractual instruments shall be deemed to include all a contract or agreement includes subsequent Amendments and other modifications, but only to the extent that such Amendments amendments and other modifications are not prohibited thereto executed according to the contract’s terms, and a reference to a statute, regulation, ordinance, or other law includes subsequent amendments, renumbering, recodification, and other modifications thereto by the terms of this Contract, and (ii) references to any statute or regulation are to be construed as including all statutory and regulatory provisions consolidating, amending, replacing, supplementing, or interpreting the statute or regulationenacting authority. D. Any references to “sections,” “appendices,” or “attachments” are references to sections, appendices, or attachments of the Contract. E. Any references to agreements, contracts, statutes, or administrative rules or regulations in the Contract are references to these documents as amended, modified, or supplemented from time to time during the term of the Contract. F. f. The captions and headings of this Contract Appendix are for convenience of reference only and do shall not affect the interpretation of this ContractAppendix. G. All Attachments, including those incorporated by reference, and any Amendments are considered part of the terms of this Contract. H. This Contract may use several different limitations, regulations, or policies to regulate the same or similar matters. All such g. The limitations, regulations, and policies contained herein are cumulative cumulative, and each will must be performed in accordance with its termsterms without regard to other limitations, regulations, and policies affecting the same matter. I. h. Unless otherwise expressly provided, reference to any GLO action of the System Agency or by the System Agency by way of consent, approval, or waiver will be is deemed modified by the phrase “in its sole discretion.” Notwithstanding the preceding, the GLO shall not unreasonably withhold or delay any such consent, approval, or waiver. J. Time is of the essence i. Any document referenced in this ContractAppendix and that is not an Exhibit to this Appendix nor included as an Attachment to the Agreement, shall be provided by the Board upon request.

Appears in 1 contract

Samples: Management and Operations Agreement

Interpretive Provisions. A. (a) The meanings of defined terms include are equally applicable to the singular and plural forms.forms of the defined terms; B. (b) The words “hereof,” “herein,” “hereunder,” and similar words refer to this Contract as a whole and not to any particular provision, section, Attachmentattachment, work order, or schedule of this Contract Contract, unless otherwise specified.; C. (c) The term “including” is not limiting limiting, and means “including including, without limitation” and, unless otherwise expressly provided in this Contract, , (id) references to contracts (including this Contract) and other contractual instruments shall be deemed to include all subsequent Amendments and other modificationsmodifications thereto, but only to the extent that such Amendments and other modifications are not prohibited by the terms of this Contract, and and (iie) references to any statute or regulation are to be construed as including all statutory and regulatory provisions consolidating, amending, replacing, supplementing, or interpreting the statute or regulation.; D. Any references to “sections,” “appendices,” or “attachments” are references to sections, appendices, or attachments of the Contract. E. Any references to agreements, contracts, statutes, or administrative rules or regulations in the Contract are references to these documents as amended, modified, or supplemented from time to time during the term of the Contract. F. (f) The captions and headings of this Contract are for convenience of reference only and do shall not affect the interpretation of this Contract.; G. (g) All AttachmentsAttachments within this Contract, including those incorporated by reference, and any Amendments Amendments, are considered part of the terms of this Contract.; H. (h) This Contract may use several different limitations, regulations, or policies to regulate the same or similar matters. All such limitations, regulations, and policies are cumulative and each will shall be performed in accordance with its terms.; I. (i) Unless otherwise expressly provided, reference to any action of the System Agency GLO or by the System Agency GLO by way of consent, approval, or waiver will shall be deemed modified by the phrase “in its the sole discretiondiscretion of the GLO.” In J. (j) All due dates and/or deadlines referenced in this Contract that occur on a weekend or holiday shall be considered as if occurring on the next business day; Process (k) All time periods in this Contract shall commence on the day after the date on which the applicable event occurred, report is submitted, or request is received; and (l) Time is of the essence in this Contract. (m) In the event of conflicts or inconsistencies between this contract and its attachments, such conflicts or inconsistencies shall be resolved by reference to the documents in the following order of priority: Signed Contract; Attachments to the Contract: Attachment A, Attachment E, Attachment B, Attachment C, Attachment D, and Attachment F.

Appears in 1 contract

Samples: Subrecipient Agreement

Interpretive Provisions. A. (a) The meanings of defined terms include are equally applicable to the singular and plural forms.forms of the defined terms; B. (b) The words “hereof,” “herein,” “hereunder,” and similar words refer to this Contract as a whole and not to any particular provision, section, Attachmentattachment, work order, or schedule of this Contract Contract, unless otherwise specified.; C. (c) The term “including” is not limiting limiting, and means “including including, without limitation” and, unless otherwise expressly provided in this Contract, , (id) references to contracts (including this Contract) and other contractual instruments shall be deemed to include all subsequent Amendments and other modificationsmodifications thereto, but only to the extent that such Amendments and other modifications are not prohibited by the terms of this Contract, and and (iie) references to any statute or regulation are to be construed as including all statutory and regulatory provisions consolidating, amending, replacing, supplementing, or interpreting the statute or regulation.; D. Any references to “sections,” “appendices,” or “attachments” are references to sections, appendices, or attachments of the Contract. E. Any references to agreements, contracts, statutes, or administrative rules or regulations in the Contract are references to these documents as amended, modified, or supplemented from time to time during the term of the Contract. F. (f) The captions and headings of this Contract are for convenience of reference only and do shall not affect the interpretation of this Contract.; G. (g) All AttachmentsAttachments within this Contract, including those incorporated by reference, and any Amendments Amendments, are considered part of the terms of this Contract.; H. (h) This Contract may use several different limitations, regulations, or policies to regulate the same or similar matters. All such limitations, regulations, and policies are cumulative and each will shall be performed in accordance with its terms.; I. (i) Unless otherwise expressly provided, reference to any action of the System Agency GLO or by the System Agency GLO by way of consent, approval, or waiver will shall be deemed modified by the phrase “in its the sole discretiondiscretion of the GLO.” In J. (j) All due dates and/or deadlines referenced in this Contract that occur on a weekend or holiday shall be considered as if occurring on the next business day; Process (k) All time periods in this Contract shall commence on the day after the date on which the applicable event occurred, report is submitted, or request is received; and (l) Time is of the essence in this Contract. (m) In the event of conflicts or inconsistencies between this contract and its attachments, such conflicts or inconsistencies shall be resolved by reference to the documents in the following order of priority: Signed Contract; Attachments to the Contract: Attachment A, Attachment E, Attachment B, Attachment C, Attachment D, and Attachment F. ARTICLE II – REIMBURSEMENT, ADVANCE PAYMENT, BUDGET VARIANCE, AND INCOME 2.01 REIMBURSEMENT REQUESTS Each invoice shall be supported by actual receipts, cancelled checks, and/or such other documentation that, in the judgment of the GLO, allows for full substantiation of the costs incurred. Requests for payment must be submitted in electronic format, via email to XX.Xxxxxxx@xxx.xxxxx.xxx, or the GLO’s System of Record, if specified by Technical Guidance Letter under this contract.

Appears in 1 contract

Samples: Subrecipient Agreement

Interpretive Provisions. A. The meanings of defined terms include the singular and plural forms. B. The words “hereof,” “herein,” “hereunder,” and similar words refer to this Contract as a whole and not to any particular provision, section, Attachment, or schedule of this Contract unless otherwise specified. C. The term “including” is not limiting and means “including without limitation” and, unless otherwise expressly provided in this Contract, (i) references to contracts (including this Contract) and other contractual instruments shall be deemed to include all subsequent Amendments and other modifications, but only to the extent that such Amendments and other modifications are not prohibited by the terms of this Contract, and (ii) references to any statute or regulation are to be construed as including all statutory and regulatory provisions consolidating, amending, replacing, supplementing, or interpreting the statute or regulation. D. Any references to “sections,” “appendices,” or “attachments” are references to sections, appendices, or attachments of the Contract. E. Any references to agreements, contracts, statutes, or administrative rules or regulations in the Contract are references to these documents as amended, modified, or supplemented from time to time during the term of the Contract. F. The captions and headings of this Contract are for convenience of reference only and do not affect the interpretation of this Contract. G. All Attachments, including those incorporated by reference, and any Amendments are considered part of the terms of this Contract. H. This Contract may use several different limitations, regulations, or policies to regulate the same or similar matters. All such limitations, regulations, and policies are cumulative and each will be performed in accordance with its terms. I. Unless otherwise expressly provided, reference to any action of the System Agency or by the System Agency by way of consent, approval, or waiver will be deemed modified by the phrase “in its sole discretion.” J. Time is of the essence in this Contract.. DocuSign Envelope ID:

Appears in 1 contract

Samples: Contract

Interpretive Provisions. A. The meanings of defined defmed terms include the singular and plural forms. B. The words "hereof,” “" "herein,” “" "hereunder," and similar words refer to this Contract Grant Agreement as a whole and not to any particular provision, section, Attachmentattachment, or schedule of this Contract Grant Agreement unless otherwise specified. C. The term "including" is not limiting and means "including without limitation" and, unless otherwise expressly provided in this ContractGrant Agreement, (i) references to contracts DocuSign Envelope ID: E95126C9-2DFE-493D-8DD3-272CE345E9B2 Att C (including this ContractGrant Agreement) and other contractual instruments shall be deemed to include all subsequent Amendments and other modifications, but only to the extent that such Amendments and other modifications are not prohibited by the terms of this ContractGrant Agreement, and (ii) references to any statute or regulation are to be construed as including all statutory and regulatory provisions consolidating, amending, replacing, supplementing, or interpreting the statute or regulation. D. Any references to “sections,” “appendices,” or “attachments” are references to sections, appendices, or attachments of the Contract. E. Any references to agreements, contracts, statutes, or administrative rules or regulations in the Contract Grant Agreement are references to these documents as amended, modified, or supplemented from time to time during the term of the ContractGrant Agreement. F. E. The captions and headings of this Contract Grant Agreement are for convenience of reference only and do not affect the interpretation of this ContractGrant Agreement. G. F. All Attachmentsattachments, including those incorporated by reference, and any Amendments are considered part of the terms of this ContractGrant Agreement. H. G. This Contract Grant Agreement may use several different limitations, regulations, or policies to regulate the same or similar matters. All such limitations, regulations, and policies are cumulative and each will be performed in accordance with its termscumulative. I. H. Unless otherwise expressly provided, reference to any action of the System Agency or by the System Agency by way of consent, approval, or waiver will be deemed modified by the phrase "in its sole discretion." J. I. Time is of the essence in this ContractGrant Agreement. J. Prior to execution of the Grant Agreement, Xxxxxxx must notify System Agency's designated contact in writing of any ambiguity, conflict, discrepancy, omission, or other error. If Grantee fails to notify the System Agency designated contact of any ambiguity, conflict, discrepancy, omission or other error in the Grant Agreement prior to Xxxxxxx's execution of the Grant Agreement, Grantee: i. Shall have waived any claim of error or ambiguity in the Grant Agreement; and ii. Shall not contest the interpretation by the System Agency of such provision(s). No grantee will be entitled to additional reimbursement, relief, or time by reason of any ambiguity, conflict, discrepancy, exclusionary specification, omission, or other error or its later correction.

Appears in 1 contract

Samples: Community Mental Health Grant Contract

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Interpretive Provisions. A. The meanings table of contents and headings contained in this Agreement are for reference purposes only and will not affect in any way the meaning or interpretation of this Agreement. Terms defined in the singular shall have a comparable meaning when used in the plural, and vice versa; the terms “Dollars” and “$” mean United States Dollars. Reference in this Agreement to gender shall include all genders, and words imparting the singular number only shall include the singular plural and plural forms. B. vice versa. The words use of the terms “hereunder,” “hereof,” “herein,” “hereunder,hereto” and words of similar words import shall refer to this Contract Agreement as a whole and not to any particular provisionArticle, sectionSection or clause of or Exhibit, Attachment, Annex or schedule Schedule to this Agreement. The use of this Contract unless otherwise specified. C. The term the terms “including” is not limiting and means or including include” shall in all cases herein mean “including, without limitation” andor “include, unless otherwise expressly provided in this Contract, (i) references to contracts (including this Contract) and other contractual instruments shall be deemed to include all subsequent Amendments and other modifications, but only without limitation,” respectively. With respect to the extent that determination of any period of time, the word “from” means “from and including” and the words “to” and “until” each means “to but excluding.” Reference to any Person includes such Amendments Person’s predecessors, successors and other modifications assigns to the extent, in the case of successors and assigns, such successors and assigns are not prohibited permitted by the terms of any applicable agreement however, that nothing contained in this Contract, and (iiq) references is intended to authorize any assignment or transfer not otherwise permitted by this Agreement. Reference to a Person in a particular capacity excludes such Person in any other capacity or individually. Reference to any statute agreement (including this Agreement), document or regulation are instrument means such agreement, document or instrument as amended or modified and in effect from time to be construed as including all statutory and regulatory provisions consolidatingtime in accordance with the terms thereof and, amendingif applicable, replacing, supplementing, or interpreting the statute or regulation. D. Any references terms hereof. Reference to “sections,” “appendices,” or “attachments” are references to sections, appendices, or attachments of the Contract. E. Any references to agreements, contracts, statutes, or administrative rules or regulations in the Contract are references to these documents any Law means such Law as amended, modified, codified, replaced or supplemented from time to time during the term of the Contract. F. The captions and headings of this Contract are for convenience of reference only and do not affect the interpretation of this Contract. G. All Attachmentsre-enacted, in whole or in part, including those incorporated by reference, and any Amendments are considered part of the terms of this Contract. H. This Contract may use several different limitationsrules, regulations, enforcement procedures and any interpretations promulgated thereunder. Underscored references to Articles, Sections, Exhibits or policies Schedules shall refer to regulate those portions of this Agreement. In the same event of a conflict between language or similar matters. All such limitationsamounts contained in the body of this Agreement and language or amounts contained in the Exhibits attached hereto, regulations, and policies are cumulative and each will be performed the language or amounts in accordance with its terms. I. Unless otherwise expressly provided, reference to any action the body of the System Agency or by the System Agency by way of consent, approval, or waiver will be deemed modified by the phrase “in its sole discretionAgreement shall control.” J. Time is of the essence in this Contract.

Appears in 1 contract

Samples: Note Purchase Agreement (ZHRH Corp)

Interpretive Provisions. A. The meanings of defined terms include the singular and plural forms. B. The words “hereof,” “herein,” “hereunder,” and similar words refer to this Contract nt Agreement as a whole and not to any particular provision, section, Attachmentattachment, or schedule of this Contract Grant Agreement unless otherwise specified. C. The term “including” is not limiting and means “including without limitation” and, unless otherwise expressly provided in this ContractGrant Agreement, (i) references to contracts (including this ContractGrant Agreement) and other contractual instruments shall be deemed to include all subsequent Amendments and other modifications, but only to the extent that such Amendments and other modifications are not prohibited by the terms of this ContractGrant Agreement, and (ii) references to any statute or regulation are to be construed as including all statutory and regulatory provisions consolidating, amending, replacing, supplementing, or interpreting the statute or regulation. D. Any references to “sections,” “appendices,” or “attachments” are references to sections, appendices, or attachments of the Contract. E. Any references to agreements, contracts, statutes, or administrative rules or regulations in the Contract Grant Agreement are references to these documents as amended, modified, or supplemented from time to time during the term of the ContractGrant Agreement. F. E. The captions and headings of this Contract Grant Agreement are for convenience of reference only and do not affect the interpretation of this ContractGrant Agreement. G. F. All Attachmentsattachments, including those incorporated by reference, and any Amendments are considered part of the terms of this ContractGrant Agreement. H. G. This Contract Grant Agreement may use several different limitations, regulations, or policies to regulate the same or similar matters. All such limitations, regulations, and policies are cumulative and each will be performed in accordance with its termscumulative. I. H. Unless otherwise expressly provided, reference to any action of the System Agency or by the System Agency by way of consent, approval, or waiver will be deemed modified by the phrase “in its sole discretion.”modified J. I. Time is of the essence in this ContractGrant Agreement. J. Prior to execution of the Grant Agreemen designated contact in writing of any ambiguity, conflict, discrepancy, omission, or other error. If Grantee fails to notify the System Agency designated contact of any ambiguity, conflict, discrepancy, omission, or other error execution of the Grant Agreement, Grantee: i. Shall have waived any claim of error or ambiguity in the Grant Agreement; and ii. Shall not contest the interpretation by the System Agency of such provision(s). No grantee will be entitled to additional reimbursement, relief, or time by reason of any ambiguity, conflict, discrepancy, exclusionary specification, omission, or other error or its later correction.

Appears in 1 contract

Samples: Interlocal Cooperation Contract

Interpretive Provisions. A. The meanings table of contents and headings contained in this Agreement are for reference purposes only and will not affect in any way the meaning or interpretation of this Agreement. Terms defined in the singular shall have a comparable meaning when used in the plural, and vice versa; the terms “Dollars” and “$” mean United States Dollars. Reference in this Agreement to gender shall include all genders, and words imparting the singular number only shall include the singular plural and plural forms. B. vice versa. The words use of the terms “hereunder,” “hereof,” “herein,” “hereunder,hereto” and words of similar words import shall refer to this Contract Agreement as a whole and not to any particular provisionArticle, sectionSection or clause of or Exhibit, Attachment, Annex or schedule Schedule to this Agreement. The use of this Contract unless otherwise specified. C. The term the terms “including” is not limiting and means or including include” shall in all cases herein mean “including, without limitation” andor “include, unless otherwise expressly provided in this Contract, (i) references to contracts (including this Contract) and other contractual instruments shall be deemed to include all subsequent Amendments and other modifications, but only without limitation,” respectively. With respect to the extent that determination of any period of time, the word “from” means “from and including” and the words “to” and “until” each means “to but excluding.” Reference to any Person includes such Amendments Person’s predecessors, successors and other modifications assigns to the extent, in the case of successors and assigns, such successors and assigns are not prohibited permitted by the terms of any applicable agreement however, that nothing contained in this Contract, and (iis) references is intended to authorize any assignment or transfer not otherwise permitted by this Agreement. Reference to a Person in a particular capacity excludes such Person in any other capacity or individually. Reference to any statute agreement (including this Agreement), document or regulation are instrument means such agreement, document or instrument as amended or modified and in effect from time to be construed as including all statutory and regulatory provisions consolidatingtime in accordance with the terms thereof and, amendingif applicable, replacing, supplementing, or interpreting the statute or regulation. D. Any references terms hereof. Reference to “sections,” “appendices,” or “attachments” are references to sections, appendices, or attachments of the Contract. E. Any references to agreements, contracts, statutes, or administrative rules or regulations in the Contract are references to these documents any Law means such Law as amended, modified, codified, replaced or supplemented from time to time during the term of the Contract. F. The captions and headings of this Contract are for convenience of reference only and do not affect the interpretation of this Contract. G. All Attachmentsre-enacted, in whole or in part, including those incorporated by reference, and any Amendments are considered part of the terms of this Contract. H. This Contract may use several different limitationsrules, regulations, enforcement procedures and any interpretations promulgated thereunder. Underscored references to Articles, Sections, Exhibits or policies Schedules shall refer to regulate those portions of this Agreement. In the same event of a conflict between language or similar matters. All such limitationsamounts contained in the body of this Agreement and language or amounts contained in the Exhibits attached hereto, regulations, and policies are cumulative and each will be performed the language or amounts in accordance with its terms. I. Unless otherwise expressly provided, reference to any action the body of the System Agency or by the System Agency by way of consent, approval, or waiver will be deemed modified by the phrase “in its sole discretionAgreement shall control.” J. Time is of the essence in this Contract.

Appears in 1 contract

Samples: Securities Purchase Agreement (ZHRH Corp)

Interpretive Provisions. A. The meanings of defined terms include the singular and plural forms. B. The words “hereof,” “herein,” “hereunder,” and similar words refer to this Contract as a whole and not to any particular provision, section, Attachment, or schedule of this Contract unless otherwise specified. C. The term “including” is not limiting and means “including without limitation” and, unless otherwise expressly provided in this Contract, (i) references to contracts (including this Contract) and other contractual instruments shall be deemed to include all subsequent Amendments and other modifications, but only to the extent that such Amendments and other modifications are not prohibited by the terms of this Contract, and (ii) references to any statute or regulation are to be construed as including all statutory and regulatory provisions consolidating, amending, replacing, supplementing, or interpreting the statute or regulation. D. Any references to “sections,” “appendices,” or “attachments” are references to sections, appendices, or attachments of the Contract. E. Any references to agreements, contracts, statutes, or administrative rules or regulations in the Contract are references to these documents as amended, modified, or supplemented from time to time during the term of the Contract. F. The captions and headings of this Contract are for convenience of reference only and do not affect the interpretation of this Contract. G. All Attachments, including those incorporated by reference, and any Amendments are considered part of the terms of this Contract. H. This Contract may use several different limitations, regulations, or policies to regulate the same or similar matters. All such limitations, regulations, and policies are cumulative and each will be performed in accordance with its terms. I. Unless otherwise expressly provided, reference to any action of the System Agency or by the System Agency by way of consent, approval, or waiver will be deemed modified by the phrase “in its sole discretion.” J. Time is of the essence in this Contract.

Appears in 1 contract

Samples: Grant Agreement

Interpretive Provisions. A. The meanings of defined terms include the singular and plural forms. B. The words “hereof,” “herein,” “hereunder,” and similar words refer to this Contract as a whole and not to any particular provision, section, Attachment, or schedule of this Contract unless otherwise specified. C. The term “including” is not limiting and means “including without limitation” and, unless otherwise expressly provided in this Contract, (i) references to contracts (including this Contract) and other contractual instruments shall be deemed to include all subsequent Amendments and other modifications, but only to the extent that such Amendments and other modifications are not prohibited by the terms of this Contract, and (ii) references to any statute or regulation are to be construed as including all statutory and regulatory provisions consolidating, amending, replacing, supplementing, or interpreting the statute or regulation. D. Any references to “sections,” “appendices,” or “attachments” are references to sections, appendices, or attachments of the Contract. E. Any references to agreements, contracts, statutes, or administrative rules or regulations in the Contract are references to these documents as amended, modified, or supplemented from time to time during the term of the Contract. F. The captions and headings of this Contract are for convenience of reference only and do not affect the interpretation of this Contract. G. All Attachments, including those incorporated by reference, and any Amendments are considered part of the terms of this Contract. H. This Contract may use several different limitations, regulations, or policies to regulate the same or similar matters. All such limitations, regulations, and policies are cumulative and each will be performed in accordance with its terms. I. Unless otherwise expressly provided, reference to any action of the System Agency or by the System Agency by way of consent, approval, or waiver will be deemed modified by the phrase “in its sole discretion.” J. Time is of the essence in this Contract.

Appears in 1 contract

Samples: Grant Agreement

Interpretive Provisions. A. The meanings of defined terms include the singular and plural forms. B. The words “hereof,” “herein,” “hereunder,” and similar words refer to this Contract Agreement as a whole and not to any particular provision, section, Attachmentattachment, or schedule of this Contract Grant Agreement unless otherwise specified. C. The term “including” is not limiting and means “including without limitation” and, unless otherwise expressly provided in this ContractGrant Agreement, (i) references to contracts (including this ContractGrant Agreement) and other contractual instruments shall be deemed to include all subsequent Amendments and other modifications, but only to the extent that such Amendments and other modifications are not prohibited by the terms of this ContractGrant Agreement, and (ii) references to any statute or regulation are to be construed as including all statutory and regulatory provisions consolidating, amending, replacing, supplementing, or interpreting the statute or regulation. D. Any references to “sections,” “appendices,” or “attachments” are references to sections, appendices, or attachments of the Contract. E. Any references to agreements, contracts, statutes, or administrative rules or regulations in the Contract Grant Agreement are references to these documents as amended, modified, or supplemented from time to time during the term of the ContractGrant Agreement. F. E. The captions and headings of this Contract Grant Agreement are for convenience of reference only and do not affect the interpretation of this ContractGrant Agreement. G. F. All Attachmentsattachments, including those incorporated by reference, and any Amendments are considered part of the terms of this ContractGrant Agreement. H. G. This Contract Grant Agreement may use several different limitations, regulations, or policies to regulate the same or similar matters. All such limitations, regulations, and policies are cumulative and each will be performed in accordance with its termscumulative. I. H. Unless otherwise expressly provided, reference to any action of the System Agency or by the System Agency by way of consent, approval, or waiver will be deemed modified by the phrase “in its sole discretion.” J. I. Time is of the essence in this ContractGrant Agreement.

Appears in 1 contract

Samples: Interlocal Cooperation Contract

Interpretive Provisions. A. Unless expressly provided otherwise, any term which is defined by the UCC, wherever used in this Agreement, shall have the same meaning as is prescribed by the UCC. The meanings of defined terms include are equally applicable to the singular and plural forms. B. forms of the defined terms. The words "hereof,” “" "herein,” “" "hereunder,” " and similar words refer to this Contract Agreement as a whole and not to any particular provision, section, Attachment, or schedule provision of this Contract unless otherwise specified. C. Agreement. Unless the context indicates otherwise, references to "Section," "Subsection," "clause" "Schedule" and "Exhibit" are references to this Agreement. The term "documents" (if not capitalized as a defined term) includes any and all instruments, documents, agreements, certificates, indentures, notices and other writings, however evidenced. The term "including" is not limiting and means "including without limitation” and." Unless the context requires otherwise, unless in the computation of periods of time from a specified date to a later specified date, the word "from" means "from and including," the words "to" and "until" each mean "to but excluding" and the word "through" means "to and including." The term, "discretion," when used in reference to a Person, LOAN AND SECURITY AGREEMENT - Page 12 means the sole and absolute discretion of such Person, honestly determined by such Person under the circumstances. Unless otherwise expressly provided in this Contractherein, (i) references to contracts agreements (including this ContractAgreement) and other contractual instruments documents shall be deemed to include all subsequent Amendments and other modificationsamendments, but only to the extent that such Amendments restatements and other modifications are not prohibited by the terms of this Contractthereto, and (ii) references to any statute or regulation are to be construed as including all statutory and regulatory provisions consolidating, amending, replacing, supplementing, supplementing or interpreting the statute or regulation. D. Any references to “sections,” “appendices,” or “attachments” are references to sections, appendices, or attachments of the Contract. E. Any references to agreements, contracts, statutes, or administrative rules or regulations in the Contract are references to these documents as amended, modified, or supplemented from time to time during the term of the Contract. F. . The captions and headings of this Contract Agreement are for convenience of reference only and do shall not affect the interpretation of this Contract. G. All AttachmentsAgreement. This Agreement and the other Loan Documents are the result of negotiations among the parties, including those incorporated have been reviewed by referencecounsel to each party and are the products of all parties, and any Amendments are considered part in consideration thereof, it is agreed that they shall not be construed against either party solely because of the terms of this Contract. H. This Contract may use several different limitations, regulations, or policies to regulate the same or similar matterssuch party's involvement in their preparation. All such limitations, regulations, and policies are cumulative and each will be performed in accordance with its terms. I. Unless otherwise expressly providedspecified, any reference to any action of the System Agency or by the System Agency by way of consent, approval, or waiver will time shall be deemed modified by the phrase “to mean Central Standard Time or Central Daylight Time, as applicable, as in its sole discretioneffect in Dallas County, Texas.” J. Time is of the essence in this Contract.

Appears in 1 contract

Samples: Loan and Security Agreement (Icts International N V)

Interpretive Provisions. A. The meanings of defined terms include the singular and plural forms. B. The words “hereof,” “herein,” “hereunder,” and similar words refer to this Contract Grant Agreement as a whole and not to any particular provision, section, Attachmentattachment, or schedule of this Contract Grant Agreement unless otherwise specified. C. The term “including” is not limiting and means “including without limitation” and, unless otherwise expressly provided in this ContractGrant Agreement, (i) references to contracts XXX #HHS0011021 Page 4309 of 2076 (including this ContractGrant Agreement) and other contractual instruments shall be deemed to include all subsequent Amendments and other modifications, but only to the extent that such Amendments and other modifications are not prohibited by the terms of this ContractGrant Agreement, and (ii) references to any statute or regulation are to be construed as including all statutory and regulatory provisions consolidating, amending, replacing, supplementing, or interpreting the statute or regulation. D. Any references to “sections,” “appendices,” or “attachments” are references to sections, appendices, or attachments of the Contract. E. Any references to agreements, contracts, statutes, or administrative rules or regulations in the Contract Grant Agreement are references to these documents as amended, modified, or supplemented from time to time during the term of the ContractGrant Agreement. F. E. The captions and headings of this Contract Grant Agreement are for convenience of reference only and do not affect the interpretation of this ContractGrant Agreement. G. F. All Attachmentsattachments, including those incorporated by reference, and any Amendments are considered part of the terms of this ContractGrant Agreement. H. G. This Contract Grant Agreement may use several different limitations, regulations, or policies to regulate the same or similar matters. All such limitations, regulations, and policies are cumulative and each will be performed in accordance with its termscumulative. I. H. Unless otherwise expressly provided, reference to any action of the System Agency or by the System Agency by way of consent, approval, or waiver will be deemed modified by the phrase “in its sole discretion.” J. I. Time is of the essence in this ContractGrant Agreement. X. Xxxxx to execution of the Grant Agreement, Grantee must notify System Agency's designated contact in writing of any ambiguity, conflict, discrepancy, omission, or other error. If Grantee fails to notify the System Agency designated contact of any ambiguity, conflict, discrepancy, omission or other error in the Grant Agreement prior to Xxxxxxx's execution of the Grant Agreement, Grantee: i. Shall have waived any claim of error or ambiguity in the Grant Agreement; and ii. Shall not contest the interpretation by the System Agency of such provision(s). No grantee will be entitled to additional reimbursement, relief, or time by reason of any ambiguity, conflict, discrepancy, exclusionary specification, omission, or other error or its later correction.

Appears in 1 contract

Samples: Grant Agreement

Interpretive Provisions. A. Unless expressly provided otherwise, any term which is defined by the UCC, wherever used in this Agreement, shall have the same meaning as is prescribed by the UCC. The meanings of defined terms include are equally applicable to the singular and plural forms. B. forms of the defined terms. The words "hereof,” “" "herein,” “" "hereunder,” " and similar words refer to this Contract Agreement as a whole and not to any particular provision, section, Attachment, or schedule provision of this Contract unless otherwise specified. C. Agreement. Unless the context indicates otherwise, references to "Section," "Subsection," "clause" "Schedule" and "Exhibit" are references to this Agreement. The term "documents" (if not capitalized as a defined term) includes any and all instruments, documents, agreements, certificates, indentures, notices and other writings, however evidenced. The term "including" is not limiting and means "including without limitation” and." Unless the context requires otherwise, in the computation of periods of time from a specified date to a later specified date, the word "from" means "from and including," the words "to" and "until" each mean "to but excluding" and the word "through" means "to and including." The term, "discretion", when used in reference to a Person, means, unless qualified by the word(s) "reasonable" or Permitted Discretion, the sole and absolute discretion of such Person, honestly determined by such Person under the circumstances. Unless otherwise expressly provided in this Contractherein, (i) references to contracts agreements (including this ContractAgreement) and other contractual instruments documents shall be deemed to include all subsequent Amendments and other modificationsamendments, but only to the extent that such Amendments restatements and other modifications are not prohibited by the terms of this Contractthereto, and (ii) references to any statute or regulation are to be construed as including all statutory and regulatory provisions consolidating, amending, replacing, supplementing, supplementing or interpreting the statute or regulation. D. Any references to “sections,” “appendices,” or “attachments” are references to sections, appendices, or attachments of the Contract. E. Any references to agreements, contracts, statutes, or administrative rules or regulations in the Contract are references to these documents as amended, modified, or supplemented from time to time during the term of the Contract. F. . The captions and headings of this Contract Agreement are for convenience of reference only and do shall not affect the interpretation of this Contract. G. All AttachmentsAgreement. This Agreement and the other Loan Documents are the result of negotiations among the parties, including those incorporated have been reviewed by referencecounsel to each party and are the products of all parties, and any Amendments are considered part in consideration thereof, it is agreed that they shall not be construed against either party solely because of the terms of this Contract. H. This Contract may use several different limitations, regulations, or policies to regulate the same or similar matterssuch party's involvement in their preparation. All such limitations, regulations, and policies are cumulative and each will be performed in accordance with its terms. I. Unless otherwise expressly providedspecified, any reference to any action of the System Agency or by the System Agency by way of consent, approval, or waiver will time shall be deemed modified by the phrase “to mean Central Standard Time or Central Daylight Time, as applicable, as in its sole discretion.” J. Time is of the essence effect in this Contract.Dallas County, Texas. LOAN AND SECURITY AGREEMENT - Page 22 DAL 79531933v13

Appears in 1 contract

Samples: Loan and Security Agreement (Blonder Tongue Laboratories Inc)

Interpretive Provisions. A. (a) The meanings of defined terms include are equally applicable to the singular and plural forms.forms of the defined terms; B. (b) The words “hereof,” “herein,” “hereunder,” and similar words refer to this Contract as a whole and not to any particular provision, section, Attachmentattachment, work order, or schedule of this Contract Contract, unless otherwise specified.; C. (c) The term “including” is not limiting limiting, and means “including including, without limitation” and, unless otherwise expressly provided in this Contract, , (id) references to contracts (including this Contract) and other contractual instruments shall be deemed to include all subsequent Amendments and other modificationsmodifications thereto, but only to the extent that such Amendments and other modifications are not prohibited by the terms of this Contract, and and (iie) references to any statute or regulation are to be construed as including all statutory and regulatory provisions consolidating, amending, replacing, supplementing, or interpreting the statute or regulation.; D. Any references to “sections,” “appendices,” or “attachments” are references to sections, appendices, or attachments of the Contract. E. Any references to agreements, contracts, statutes, or administrative rules or regulations in the Contract are references to these documents as amended, modified, or supplemented from time to time during the term of the Contract. F. (f) The captions and headings of this Contract are for convenience of reference only and do shall not affect the interpretation of this Contract.; G. (g) All AttachmentsAttachments within this Contract, including those incorporated by reference, and any Amendments Amendments, are considered part of the terms of this Contract.; H. (h) This Contract may use several different limitations, regulations, or policies to regulate the same or similar matters. All such limitations, regulations, and policies are cumulative and each will shall be performed in accordance with its terms.; I. (i) Unless otherwise expressly provided, reference to any action of the System Agency GLO or by the System Agency GLO by way of consent, approval, or waiver will shall be deemed modified by the phrase “in its the sole discretiondiscretion of the GLO.” J. (j) All due dates and/or deadlines referenced in this Contract that occur on a weekend or holiday shall be considered as if occurring on the next business day; (k) All time periods in this Contract shall commence on the day after the date on which the applicable event occurred, report is submitted, or request is received; and (l) Time is of the essence in this Contract. (m) In the event of conflicts or inconsistencies between this contract and its attachments, such conflicts or inconsistencies shall be resolved by reference to the documents in the following order of priority: Signed Contract; Attachments to the Contract: Attachment A, Attachment E, Attachment B, Attachment C, Attachment D, and Attachment F.

Appears in 1 contract

Samples: Subrecipient Agreement

Interpretive Provisions. A. The meanings of defined terms include are equally applicable to the singular and plural formsforms of the defined terms. B. The words “hereof,” “herein,” “hereunder,” and similar words refer to this Contract as a whole and not to any particular provision, section, Attachment, or schedule of this Contract unless otherwise specified. C. The term “including” is not limiting and means “including without limitation” and, unless otherwise expressly provided in this Contract, (i) references to contracts (including this Contract) and other contractual instruments shall be deemed to include all subsequent Amendments and other modificationsmodifications thereto, but only to the extent that such Amendments and other modifications are not prohibited by the terms of this Contract, and (ii) references to any statute or regulation are to be construed as including all statutory and regulatory provisions consolidating, amending, replacing, supplementing, or interpreting the statute or regulation. D. Any references to “sections,” “appendices,” or “attachments” are references to sections, appendices, or attachments of the Contract. E. Any references to agreements, contracts, statutes, or administrative rules or regulations in the Contract are references to these documents as amended, modified, or supplemented from time to time during the term of the Contract. F. The captions and headings of this Contract are for convenience of reference only and do shall not affect the interpretation of this Contract. G. All AttachmentsAttachments within this Contract, including those incorporated by reference, and any Amendments are considered part of the terms of this Contract. H. This Contract may use several different limitations, regulations, or policies to regulate the same or similar matters. All such limitations, regulations, and policies are cumulative and each will shall be performed in accordance with its terms. I. Unless otherwise expressly provided, reference to any action of the System Agency or by the System Agency by way of consent, approval, or waiver will shall be deemed modified by the phrase “in its sole discretion.J. Time is of the essence in this Contract.

Appears in 1 contract

Samples: Interagency Cooperation Contract

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