Common use of Other Definitional Provisions; Interpretation Clause in Contracts

Other Definitional Provisions; Interpretation. (a) The words “hereof,” “herein” and “herewith” and words of similar import shall, unless otherwise stated, be construed to refer to this Agreement as a whole and not to any particular provision of this Agreement, and references to articles, sections, paragraphs, exhibits and schedules are to the articles, sections and paragraphs of, and exhibits and schedules to, this Agreement, unless otherwise specified. (b) Whenever the words “include,” “includes” or “including” are used in this Agreement, they shall be deemed to be followed by the phrase “without limitation.” (c) Words describing the singular number shall be deemed to include the plural and vice versa, words denoting any gender shall be deemed to include all genders and words denoting natural persons shall be deemed to include business entities and vice versa. (d) The term “or” is not exclusive and the word “will” shall be construed to have the same meaning and effect as the word “shall.” (e) Any reference to “US$” shall be to U.S. dollars. (f) References to any statute are to that statute, as amended from time to time, and to the rules and regulations promulgated thereunder, in effect as of the date of this Agreement. (g) A reference to any document (including this Agreement) is, unless otherwise specified, to that document as amended, consolidated, supplemented, novated or replaced from time to time in accordance with the terms thereof and including any annexes, schedules and exhibits thereto.

Other Definitional Provisions; Interpretation. (a) The words “hereof,” “herein” and “herewith” and words of similar import shall, unless otherwise stated, be construed to refer to this Agreement as a whole and not to any particular provision of this Agreement, and references to articles, sections, paragraphs, exhibits exhibits, annexes and schedules are to the articles, sections and paragraphs of, and exhibits exhibits, annexes and schedules to, this Agreement, unless otherwise specified. (b) Whenever the words “include,” “includes” or “including” are used in this Agreement, they shall be deemed to be followed by the phrase “without limitation.” (c) Words describing the singular number shall be deemed to include the plural and vice versa, words denoting any gender shall be deemed to include all genders and words denoting natural persons shall be deemed to include business entities and vice versa. (d) The term phrases “orthe date of this Agreement” is not exclusive and “the word “willdate hereof” and terms or phrases of similar import shall be construed deemed to have refer to August 16, 2010, unless the same meaning and effect as the word “shallcontext requires otherwise.” (e) Any reference to The term “US$material” shall shall, unless the context otherwise indicates or requires, be to U.S. dollarsmeasured against the Company and its Subsidiaries as a whole. (f) References to any statute are to that statute, as amended from time to time, and to the rules and regulations promulgated thereunder, in effect as of the date of this Agreement. (g) A reference to any document (including Terms defined in the text of this Agreement have such meaning throughout this Agreement) is, unless otherwise specified, to that document as amended, consolidated, supplemented, novated or replaced from time to time indicated in accordance with the terms thereof and including any annexes, schedules and exhibits theretothis Agreement.

Other Definitional Provisions; Interpretation. (a) The words “hereof,” “herein” and “herewith” and words of similar import shall, unless otherwise stated, be construed to refer to this Agreement as a whole and not to any particular provision of this Agreement, and references to articles, sections, paragraphs, exhibits exhibits, annexes and schedules are to the articles, sections and paragraphs of, and exhibits exhibits, annexes and schedules to, this Agreement, unless otherwise specified. (b) Whenever the words “include,” “includes” or “including” are used in this Agreement, they shall be deemed to be followed by the phrase “without limitation.” (c) Words describing the singular number shall be deemed to include the plural and vice versa, words denoting any gender shall be deemed to include all genders and words denoting natural persons shall be deemed to include business entities and vice versa. (d) The term When used in reference to information or documents, the phrase “ormade available” is not exclusive and means that the word “will” shall be construed information or documents referred to have been made available to the same meaning and effect as the word “shallparty to which such information or documents are to be made available.” (e) Any reference to The phrases “US$the date of this Agreement” and “the date hereof” and terms or phrases of similar import shall be deemed to U.S. dollarsrefer to November 23, 2008, unless the context requires otherwise. (f) The term “material” shall be measured against the Company and its Subsidiaries as a whole. (g) References to any statute are to that statute, as amended from time to time, and to the rules and regulations promulgated thereunder, in effect as of the date of this Agreement. (gh) A reference to any document (including Terms defined in the text of this Agreement have such meaning throughout this Agreement) is, unless otherwise specified, to that document as amended, consolidated, supplemented, novated or replaced from time to time indicated in accordance with the terms thereof and including any annexes, schedules and exhibits theretothis Agreement.

Other Definitional Provisions; Interpretation. (a) The words “hereof,” ”, “herein” ”, and “herewithhereunder” and words of similar import shall, unless otherwise stated, be construed to when used in this Agreement shall refer to this Agreement as a whole and not to any particular provision of this Agreement, and Section, Subsection and Schedule references to articles, sections, paragraphs, exhibits and schedules are to the articles, sections and paragraphs of, and exhibits and schedules to, this Agreement, Agreement unless otherwise specified. (b) Whenever The headings in this Agreement are included for convenience of reference only and shall not limit or otherwise affect the meaning or interpretation of this Agreement. (c) The meanings given to terms defined herein shall be equally applicable to both the singular and plural forms of such terms. (d) The words “include,” “includes” or “including” are used in this Agreement, they and “include” and other words of similar import shall be deemed to be followed by the phrase “without limitation”.” (ce) Words describing the singular number shall be deemed References to include the plural agreements and vice versa, words denoting any gender other documents shall be deemed to include all genders subsequent amendments and words denoting natural persons shall be deemed to include business entities and vice versa. (d) The term “or” is not exclusive and the word “will” shall be construed to have the same meaning and effect as the word “shall.” (e) Any reference to “US$” shall be to U.S. dollarsother modifications thereto. (f) References to any statute are to that statute, as amended from time to time, and to the rules and statutes shall include all regulations promulgated thereunderthereunder and references to statutes or regulations shall be construed as including all statutory and regulatory provisions consolidating, in effect as of amending or replacing the date of this Agreementstatute or regulation. (g) A reference to any document (including this Agreement) is, unless Except as otherwise specified, to that document as amended, consolidated, supplemented, novated or replaced from time to time in accordance with the terms thereof and including any annexesset forth herein, schedules to this Agreement are a material part hereof and exhibits theretoshall be treated as if fully incorporated into the body of the Agreement and shall be included in the definition of “Agreement”. (h) Whenever this Agreement refers to a number of days, such number shall refer to calendar days unless Business Days are specified and shall be counted from the day immediately following the date from which such number of days are to be counted.

Other Definitional Provisions; Interpretation. (a) The words “hereof,” “herein” and “herewith” and words of similar import shall, unless otherwise stated, be construed to refer to this Agreement as a whole and not to any particular provision of this Agreement, and references to articles, sections, paragraphs, exhibits and schedules are to the articles, sections and paragraphs of, and exhibits and schedules to, this Agreement, unless otherwise specified. (b) Whenever the words “include,” “includes” or “including” are used in this Agreement, they shall be deemed to be followed by the phrase “without limitation.” (c) Words describing the singular number shall be deemed to include the plural and vice versa, words denoting any gender shall be deemed to include all genders and words denoting natural persons shall be deemed to include business entities and vice versa. (d) The term When used in reference to information or documents, the phrase “ormade available” is not exclusive and means that the word “will” shall be construed information or documents referred to have been furnished if requested by the same meaning and effect as the word “shallparty to which such information or documents are to be made available.” (e) Any reference to The phrases “US$the date of this Agreement” and “the date hereof” and terms or phrases of similar import shall be deemed to U.S. dollarsrefer to August 16, 2010, unless the context otherwise requires. (f) References to any statute are to that statute, as amended from time to time, and to the rules and regulations promulgated thereunder, in effect as of the date of this Agreement. (g) A reference to any document (including Terms defined in the text of this Agreement have such meaning throughout this Agreement) is, unless otherwise specified, to that document as amended, consolidated, supplemented, novated or replaced from time to time indicated in accordance with the terms thereof and including any annexes, schedules and exhibits theretothis Agreement.

Other Definitional Provisions; Interpretation. (a) The words “hereof,” “herein” and “herewith” and words of similar import shall, unless otherwise stated, be construed to refer to this Agreement as a whole and not to any particular provision of this Agreement, and references to articles, sections, paragraphs, exhibits and schedules are to the articles, sections and paragraphs of, and exhibits and schedules to, this Agreement, unless otherwise specified. (b) Whenever the words “include,” “includes” or “including” are used in this Agreement, they shall be deemed to be followed by the phrase “without limitation.” (c) Words describing the singular number shall be deemed to include the plural and vice versa, words denoting any gender shall be deemed to include all genders and words denoting natural persons shall be deemed to include business entities and vice versa. (d) When used in reference to information or documents, the phrase “made available” means that the information or documents referred to have been made available if requested by the party to which such information or documents are to be made available. (e) The term “or” is not exclusive and the word “will” shall be construed to have the same meaning and effect as the word “shall.” (ef) Any reference to “US$$” shall be to U.S. dollars. (fg) References to any statute are to that statute, as amended from time to time, and to the rules and regulations promulgated thereunder, in effect as of the date of this Agreement. (gh) A reference Each of the parties to any document (including this Agreement has participated in the drafting and negotiation of this Agreement) is. If an ambiguity or question of intent or interpretation arises, unless otherwise specified, to that document this Agreement must be construed as amended, consolidated, supplemented, novated if it is drafted by all parties and no presumption or replaced from time to time in accordance with burden of proof shall arise favoring or disfavoring any party by virtue of authorship of any of the terms thereof and including any annexes, schedules and exhibits theretoprovisions of this Agreement.