Common use of Other Matters of Interpretation Clause in Contracts

Other Matters of Interpretation. In this Agreement: (a) the words “including”, “includes” and “include” shall be deemed to be followed by the words “without limitation”; (b) words importing the singular include the plural and vice versa and words importing gender include all genders; (c) references to any “Article”, “Section”, “subsection” or “Schedule” are to articles, sections and subsections of, and schedules attached to, this Agreement, respectively; (d) headings of Articles, Sections and Schedules are inserted for convenience of reference only and shall not affect the construction or interpretation of this Agreement;. (e) all provisions requiring a Party to do or refrain from doing something will be interpreted as the covenant of that Party with respect to that matter notwithstanding the absence of the words “covenants”, “agrees” or “promises”; (f) all provisions requiring a Party to do something will be interpreted as including the covenant of that Party to cause that thing to be done when the Party cannot directly perform the covenant but can indirectly cause that covenant to be performed, whether by an Affiliate under its Control or otherwise; (g) the words “hereto”, “herein”, “hereby”, “hereunder”, “hereof” and similar expressions when used in this Agreement refer to the whole of this Agreement and not to any particular Article, Section, Schedule or portion hereof; and (h) references to any legislation or to any provision thereof shall include any amendment, modification or re-enactment thereof, any provision substituted therefor and all regulations, rules and interpretations issued thereunder or pursuant thereto.

Other Matters of Interpretation. In this Agreement: (a) the words “including”, “includes” singular includes the plural and “include” shall be deemed to be followed by the words “without limitation”vice versa; (b) words importing the singular include masculine includes the plural feminine and neuter and vice versa and words importing gender include all gendersversa; (c) all references to any “Article”, “Section”, “subsectiondollars” or “Schedule$” are to articlesthe lawful currency of Canada; (d) words such as “include” and “including” when following any general statement, term or matter, shall not be construed to limit that general statement, term or matter to the specific items or matters immediately following those words or to similar items or matters following those words or to similar items or matters, whether or not non-limiting language (such as “without limitation” or “but not limited to” or words of similar import) is used with reference thereto, but shall be deemed to refer to all other items or matters that could reasonably fall within the broadest possible scope of that general statement, term or matter; (e) references to “Section” and “Article” are to sections and subsections of, and schedules attached to, articles of this Agreement, respectively; (d) headings of Articles, Sections and Schedules are inserted for convenience of reference only and shall not affect the construction or interpretation of this Agreement;. (ef) all provisions requiring a Party to do or refrain from doing something will shall be interpreted as the covenant of that Party with respect to that matter notwithstanding the absence of the words “covenants”, ” or “agrees” or “promises”; (fg) all provisions requiring a Party to do something will shall be interpreted as including the covenant of that Party to cause that thing to be done when the Party cannot directly perform the covenant but can indirectly cause that covenant to be performed, whether by an Affiliate under its Control control or otherwise; (gh) the words “hereto”, “herein”, “hereby”, “hereunder”, “hereof” and similar expressions when used in this Agreement refer to the whole of this Agreement and not to any particular Articlepart, Sectionsection, Schedule exhibit or portion hereofthereof; and (hi) references the provisions of this Agreement shall apply only to legal relations between the Parties in their respective capacities as Payor and Royalty Holder under this Agreement and shall not amend, limit, expand or otherwise affect their legal relations pursuant to any legislation other agreements or to any provision thereof shall include any amendment, modification or re-enactment thereof, any provision substituted therefor and all regulations, rules and interpretations issued thereunder or pursuant theretorelationships between them.

Other Matters of Interpretation. In this Agreement: (a) the words “including”, “includes” singular includes the plural and “include” shall be deemed to be followed by the words “without limitation”vice versa; (b) words importing the singular include masculine includes the plural feminine and vice versa and words importing gender include all gendersversa; (c) references to any “Article”, article,” “Section”, section” and “subsection” or “Schedule” are to articles, sections and subsections of, and schedules attached to, of this Agreement, respectively; (d) headings of Articles, Sections and Schedules are inserted for convenience of reference only and shall not affect the construction or interpretation of this Agreement;. (e) all provisions requiring a Party to do or refrain from doing something will be interpreted as the covenant of that Party with respect to that matter notwithstanding the absence of the words “covenants”, ” or “agrees” or “promises”; (fe) all provisions requiring a Party to do something will be interpreted as including the covenant of that Party to cause that thing to be done when the Party cannot directly perform the covenant but can indirectly cause that covenant to be performed, whether by an Affiliate under its Control control or otherwise; (gf) the words “hereto”, ,” “herein”, ,” “hereby”, ,” “hereunder”, ,” “hereof” and similar expressions when used in this Agreement refer to the whole of this Agreement and not to any particular Articlearticle, Sectionpart, Schedule section, exhibit or portion hereofthereof; (g) references to the “Owners” means each of Blady, Maharaj and Xxxx on a joint and several basis; and (h) references this Agreement has been drafted on the basis that the Royalty Holder need only deal with Blady as the representative of all of the Owners, in the capacity as trustee (the “Trustee”) it being understood and agreed that: (i) by his execution and delivery of this Agreement, Blady agrees to any legislation or act as Trustee, for and on behalf of Maharaj and Xxxx with respect to any provision thereof all matters relating to the Owners under this Agreement; and (ii) by their execution and delivery of this Agreement, both Maharaj and Xxxx agree that Blady, as Trustee, has full right, power and capacity to act for and on their behalf with respect to all matters relating to the Owners under this Agreement. The appointment of Blady as the Trustee shall include any amendment, modification or re-enactment thereofremain in full force and effect unless and until Blady shall transfer his entire Interest in the Claims as permitted pursuant to this Agreement. If Blady shall seek to transfer his entire Interest in the Claims as permitted pursuant to this Agreement, any provision substituted therefor consent of the Royalty Holder which is required hereunder shall be conditioned upon the Royalty Holder’s receipt of an acknowledgement from the new Person who shall hold the majority Interest in the Claims after completion of any such transfer (or, if there is no such Person, from the Person who has been appointed by all Persons who collectively will constitute the Owners after completion of any such transfer), in form and substance satisfactory to the Royalty Holder, pursuant to which: (iii) such Person (the “New Trustee”) agrees to act as trustee hereunder; and (iv) the other Persons constituting the Owners agree that the New Trustee has full right, power and capacity to act for and on their behalf with respect to all regulationsmatters relating to the Owners under this Agreement. A Person’s rights and obligations in acting as Trustee or New Trustee hereunder, rules as the case may be, shall be deemed to survive any bankruptcy or incapacity (but not the death) of such Person. In the event of the death of a Person who was a Trustee or New Trustee, the executors or administrators and interpretations issued thereunder or pursuant thereto.beneficiaries of such deceased Person together with all other Persons who constitute the Owner shall, as soon as reasonably practicable, sign an agreement in favour of the Royalty Holder, in form and substance satisfactory to the Royalty Holder: (v) appointing the New Trustee; and (vi) containing their agreement that the New Trustee has full right, power and capacity to act for and on their behalf with respect to all matters relating to the Owners under this Agreement..

Other Matters of Interpretation. In this Agreement: (a) the words “"including”", “"includes” " and “"include” " shall be deemed to be followed by the words “"without limitation”"; (b) words importing the singular include the plural and vice versa and words importing gender include all genders; (c) references to any “"Article”", “"Section”, “" or "subsection” or “Schedule” " are to articles, sections and subsections of, and schedules attached to, of this Agreement, respectively; (d) headings of Articles, Articles and Sections and Schedules are inserted for convenience of reference only and shall not affect the construction or interpretation of this Agreement;. (e) all provisions requiring a Party to do or refrain from doing something will be interpreted as the covenant of that Party with respect to that matter notwithstanding the absence of the words “"covenants”", “"agrees” " or “"promises”"; (f) all provisions requiring a Party to do something will be interpreted as including the covenant of that Party to cause that thing to be done when the Party cannot directly perform the covenant but can indirectly cause that covenant to be performed, whether by an Affiliate under its Control or otherwise; (g) the words “"hereto”", “"herein”", “"hereby”", “"hereunder”", “"hereof” " and similar expressions when used in this Agreement refer to the whole of this Agreement and not to any particular Article, Section, Schedule Section or portion hereof; and (h) references to any legislation or to any provision thereof shall include any amendment, modification or re-enactment thereof, any provision substituted therefor and all regulations, rules and interpretations issued thereunder or pursuant thereto.