Order of Precedence; Interpretation Sample Clauses

Order of Precedence; Interpretation. The Terms, these Electronic Banking Terms, and any Service Terms may vary applicable laws and regulations to the extent permitted thereunder. To the extent a law or regulation conflicts with the Terms, these Electronic Banking Terms, or any Service Terms and cannot be varied, such law or regulation will control. The Terms, these Electronic Banking Terms, and any Service Terms are intended to be read as complementary and not in conflict with one another. To the extent there is a conflict between the Terms and these Electronic Banking Terms or any Service Terms, these Electronic Banking Terms or the applicable Service Terms will control. To the extent there is a conflict between these Electronic Banking Terms and any Service Terms, the Service Terms will control, but only with respect to the applicable Service. In these Electronic Banking Terms and all Service Terms, use of "including" means "including, but not limited to" and use of the singular form includes the plural, and vice versa, unless the context clearly requires otherwise.
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Order of Precedence; Interpretation. The contractual relationship between Company and Customer will be governed by the following order of precedence: (a) applicable Tariffs; (b) provisions in (i) the Service Order Forms (“Service Orders” or “SOFs”) containing fees and charges and any other term or condition — all of which may expressly apply in lieu of, or that apply in addition to, provisions contained in Tariffs and/or the Guide (as defined in subsection 2.2); and (ii) the Schedules for each Company service ordered hereunder; and (iii) the main body of this GSA; and (c) provisions contained in the Guide with respect to Affiliate services outside Canada. When any Tariff provisions are cancelled, Services will continue to be provided pursuant to this Agreement, as supplemented by the Guide where applicable. Company’s Guide, which will contain Service product descriptions, definitions, terms and conditions, and pricing for Services outside Canada, is accessible on Company Affiliates’ internet website (xxxx://xxx.xxxxxxxxxxxxxxx.xxx/) (or at such other URL as may be designated by Company from time to time) and at Company’s Affiliates’ headquarters during regular business hours. The Guide may be modified by Company’s Affiliates from time to time, as specified in the Guide.
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Order of Precedence; Interpretation. In the event of an express conflict between these terms and any Order Form, the Order Form shall take precedence and govern. Headings are for information purposes only. The Agreement shall not be interpreted against the drafter.
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Order of Precedence; Interpretation 
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Related to Order of Precedence; Interpretation

  • Construction and Interpretation Should any provision of this Agreement require judicial interpretation, the parties hereto agree that the court interpreting or construing the same shall not apply a presumption that the terms hereof shall be more strictly construed against one party by reason of the rule of construction that a document is to be more strictly construed against the party that itself, or through its agent, prepared the same, and it is expressly agreed and acknowledged that Company and Executive and each of his and its representatives, legal and otherwise, have participated in the preparation hereof.

  • Definitions Interpretations For purposes of this Agreement, except as otherwise expressly provided or unless the context otherwise requires, the following terms shall have the following respective meanings:

  • Interpretation of Agreement It is understood that the parties hereto intend this Agreement to be interpreted and enforced so as to provide indemnification to Indemnitee to the fullest extent now or hereafter permitted by law.

  • Definitions Interpretation 1.1. As used in this Agreement, the following terms have the following meanings:

  • Certain Interpretations (a) Unless otherwise indicated, all references herein to Articles, Sections, Annexes, Exhibits or Schedules, shall be deemed to refer to Articles, Sections, Annexes, Exhibits or Schedules of or to this Agreement, as applicable. (b) Unless otherwise indicated, the words “include,” “includes” and “including,” when used herein, shall be deemed in each case to be followed by the words “without limitation.” (c) The table of contents and headings set forth in this Agreement are for convenience of reference purposes only and shall not affect or be deemed to affect in any way the meaning or interpretation of this Agreement or any term or provision hereof. (d) Unless otherwise indicated, all references herein to the Subsidiaries of a Person shall be deemed to include all direct and indirect Subsidiaries of such Person unless otherwise indicated or the context otherwise requires. (e) Whenever the context may require, any pronouns used in this Agreement shall include the corresponding masculine, feminine or neuter forms, and the singular form of nouns and pronouns shall include the plural, and vice versa. (f) References to “$” and “dollars” are to the currency of the United States of America. (g) Any dollar or percentage thresholds set forth herein shall not be determinative in and of themselves of what is or is not “material” or a “Company Material Adverse Effect” under this Agreement. (h) When used herein, the word “extent” and the phrase “to the extent” shall mean the degree to which a subject or other thing extends, and such word or phrase shall not simply mean “if.” (i) The parties hereto agree that they have been represented by counsel during the negotiation and execution of this Agreement and, therefore, waive the application of any Law, holding or rule of construction providing that ambiguities in an agreement or other document will be construed against the party drafting such agreement or document.

  • Administration and Interpretation Any question or dispute regarding the administration or interpretation of the Notice, the Plan or this Agreement shall be submitted by the Grantee or by the Company to the Committee. The resolution of such question or dispute by the Committee shall be final and binding on all persons.

  • Interpretation; Construction The headings set forth in this Agreement are for convenience only and shall not be used in interpreting this Agreement. This Agreement has been drafted by legal counsel representing Company, but Executive has participated in the negotiation of its terms. Furthermore, Executive acknowledges that Executive has had an opportunity to review and revise the Agreement and have it reviewed by legal counsel, if desired, and, therefore, the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of this Agreement.

  • Other Definitional Provisions; Interpretation (a) The words “hereof,” “herein,” and “hereunder” and words of similar import when used in this Agreement refer to this Agreement as a whole and not to any particular provision of this Agreement, and references in this Agreement to a designated “Article” or “Section” refer to an Article or Section of this Agreement unless otherwise specified. (b) The headings in this Agreement are included for convenience of reference only and do not limit or otherwise affect the meaning or interpretation of this Agreement. (c) The meanings given to terms defined herein are equally applicable to both the singular and plural forms of such terms.

  • Definition and Interpretation 1.1 Except as otherwise defined in the terms or context hereof, the following terms in this Agreement shall have the following meanings:

  • Construction of Provisions Although certain provisions of this Agreement contain express language which precludes the Servicer's recovery of, or reimbursement for, expenses incurred hereunder, no inference to the contrary shall be drawn from absence of such, or similar, language in any other provision hereof regarding expenses.

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