Common use of Other Rules of Construction Clause in Contracts

Other Rules of Construction. Unless the contrary is expressly stated herein: (a) words in this Agreement denoting one gender only shall be construed to include the other gender; (b) when used in this Agreement, the words “including,” “includes” and “include” shall be deemed to be followed in each instance by the words “without limitation”; (c) when used in this Agreement, the word “or” is not exclusive; (d) when used in this Agreement, the words “herein,” “hereby,” “hereunder,” “hereof,” “hereto,” “hereinbefore,” and “hereinafter,” and words of similar import, unless otherwise specified, shall refer to this Agreement in its entirety and not to any particular section, subsection, paragraph, clause or other subdivision, exhibit, schedule or appendix of this Agreement; (e) each reference in this Agreement to any article, section, subsection, paragraph, clause or other subdivision, exhibit, schedule or appendix shall mean, unless otherwise specified, the respective article, section, subsection, paragraph, clause or other subdivision, exhibit, schedule or appendix of this Agreement; (f) capitalized terms in this Agreement referring to any Person or party to any Financing Document or to any other agreement, instrument, deed or other document shall refer to such Person or party together with its successors and permitted assigns, and in the case of any Governmental Authority, any Person succeeding to its functions and capacities; (g) each reference in this Agreement to any Financing Document or to any other agreement, instrument, deed or other document, shall be deemed to be a reference to such Financing Document or such other agreement, instrument, deed or document, as the case may be, as the same may be amended, supplemented, novated or otherwise modified from time to time in accordance with the terms hereof and thereof; (h) each reference in this Agreement to any Applicable Law or Environmental Law shall be construed as a reference to such Applicable Law or Environmental Law, as applied, amended, modified, extended or re-enacted from time to time, and includes any rules or regulations promulgated thereunder; (i) each reference in this Agreement to any provision of any other Financing Document will include reference to any definition or provision incorporated by reference within that provision; (j) except where expressly provided otherwise, whenever any matter is required to be satisfactory to, or determined or approved by, DOE or FFB, or DOE or FFB is required or permitted to exercise any discretion (including any discretion to waive, select, require, deem appropriate, deem necessary, permit, determine or approve any matter), the satisfaction, determination or approval of DOE or FFB, or the exercise by DOE or FFB of such discretion, shall be in its respective sole and absolute discretion, as applicable, and further DOE shall be entitled to consult with the Independent Engineer or any other of its Secured Party Advisors in making such determination or exercising such discretion; (k) except where expressly provided otherwise, the words “days”, “weeks”, “months” and “years” shall mean calendar days, weeks, months and years, respectively, and each reference to a time of day shall mean such time in Washington, D.C.;

Other Rules of Construction. Unless the contrary is expressly stated herein: (ai) words in this Agreement denoting one gender only shall be construed to include the other gender; (bii) when used in this Agreement, the words “including,” ”, “includes” and “include” shall be deemed to be followed in each instance by the words “without limitation”; (c) when used in this Agreement, the word “or” is not exclusive; (diii) when used in this Agreement, the words “herein,” ”, “hereby,” ”, “hereunder,” ”, “hereof,” ”, “hereto,” ”, “hereinbefore,” ”, and “hereinafter,” ”, and words of similar import, unless otherwise specified, shall refer to this Agreement in its entirety and not to any particular section, subsection, paragraph, clause or other subdivision, exhibit, schedule or appendix of this Agreement; (eiv) each reference in this Agreement to any article, section, subsection, paragraph, clause or other subdivision, exhibit, schedule or appendix shall mean, unless otherwise specified, the respective article, section, subsection, paragraph, clause or other subdivision, exhibit, schedule or appendix of this Agreement; (fv) capitalized terms in this Agreement referring to any Person or party to any Financing Transaction Document or to any other agreement, instrument, deed or other document shall refer to such Person or party together with its successors and permitted assigns, and in the case of any Governmental Authority, any Person succeeding to its functions and capacities; (gvi) each reference in this Agreement to any Financing Transaction Document or to any other agreement, instrument, deed or other document, shall be deemed to be a reference to such Financing Transaction Document or such other agreement, instrument, deed or document, as the case may be, as the same may be amended, supplemented, novated or otherwise modified from time to time in accordance with the terms hereof and thereof; (hvii) each reference in this Agreement to any Applicable Law or Environmental Requirements of Law shall be construed as a reference to such Applicable Law or Environmental Requirement of Law, as the case may be, as applied, amended, modified, extended or re-enacted from time to time, and includes any rules or regulations promulgated thereunder; (iviii) each reference in this Agreement to any provision of any other Financing Transaction Document will include reference to any definition or provision incorporated by reference within that provision; (jix) except where expressly provided otherwise, whenever any matter is required to be satisfactory to, or determined or approved by, DOE or FFB, or DOE or FFB is required or permitted to exercise any discretion (including any discretion to waive, select, require, deem appropriate, deem necessary, permit, determine or approve any matter), the satisfaction, determination or approval of DOE or FFB, or the exercise by DOE or FFB of such discretion, shall be in its respective sole and absolute discretion, as applicable, and further DOE shall be entitled to consult with the Independent Engineer or any other of its Secured Party Advisors in making such determination or exercising such discretion; (k) except where expressly provided otherwise, the words “days”, “weeks”, “monthsasset” and “yearsproperty” shall mean calendar daysbe construed to have the same meaning and effect and to refer to any and all tangible and intangible assets and properties, weeksincluding cash, months Capital Stock, securities, revenues, accounts, leasehold interests, Intellectual Property and years, respectively, contract rights; and (x) the word “will” shall be construed as having the same meaning and each reference to a time of day shall mean such time in Washington, D.C.;effect as the word “shall.”

Other Rules of Construction. Unless the contrary is expressly stated herein: (a) words in this Agreement denoting one gender only shall be construed to include the other gender; (b) when used in this Agreement, the words “including,” ”, “includes” and “include” shall be deemed to be followed in each instance by the words “without limitation”; (c) when used in this Agreement, the word “or” is not exclusive; (d) when used in this Agreement, the words “herein,” ”, “hereby,” ”, “hereunder,” ”, “hereof,” ”, “hereto,” ”, “hereinbefore,” ”, and “hereinafter,” ”, and words of similar import, unless otherwise specified, shall refer to this Agreement in its entirety and not to any particular section, subsection, paragraph, clause or other subdivision, exhibit, schedule or appendix of this Agreement; (ed) each reference in this Agreement to any article, section, subsection, paragraph, clause or other subdivision, exhibit, schedule or appendix shall mean, unless otherwise specified, the respective article, section, subsection, paragraph, clause or other subdivision, exhibit, schedule or appendix of this Agreement; (fe) capitalized terms in this Agreement referring to any Person or party to any Financing Loan Document or to any other agreement, instrument, deed or other document shall refer to such Person or party together with its successors and permitted assigns, and in the case of any Governmental Authority, any Person succeeding to its functions and capacities; (gf) each reference in this Agreement to any Financing Loan Document or to any other agreement, instrument, deed or other document, shall be deemed to be a reference to such Financing Loan Document or such other agreement, instrument, deed or document, as the case may be, as the same may be amended, supplemented, novated or otherwise modified from time to time in accordance with the terms hereof and thereof; (hg) each reference in this Agreement to any Applicable Law or Environmental Requirements of Law shall be construed as a reference to such Applicable Law or Environmental Requirements of Law, as applied, amended, modified, extended or re-enacted from time to time, and includes any rules or regulations promulgated thereunder; (ih) each reference in this Agreement to any provision of any other Financing Loan Document will include reference to any definition or provision incorporated by reference within that provision; (ji) except where expressly provided otherwise, whenever any matter is required to be satisfactory to, or determined or approved by, DOE or FFB, or DOE or FFB is required or permitted to exercise any discretion (including any discretion to waive, select, require, deem appropriate, deem necessary, permit, determine or approve any matter), the satisfaction, determination or approval of DOE or FFB, or the exercise by DOE or FFB of such discretion, shall be in its respective sole and absolute discretion, as applicable, and further DOE shall be entitled to consult with the Independent Engineer or any other of its Secured Party Advisors in making such determination or exercising such discretion; (k) except where expressly provided otherwise, the words “days”, “weeks”, “monthsasset” and “yearsproperty” shall mean calendar daysbe construed to have the same meaning and effect and to refer to any and all tangible and intangible assets and properties, weeksincluding cash, months Capital Stock, securities, revenues, accounts, leasehold interests, Intellectual Property and years, respectively, contract rights; and (j) the word “will” shall be construed as having the same meaning and each reference to a time of day shall mean such time in Washington, D.C.;effect as the word “shall”.

Other Rules of Construction. Unless the contrary is expressly stated herein: (a) words in this Agreement denoting one gender only shall be construed to include the other gender; (b) when used in this Agreement, the words “including,” “includes” and “include” shall be deemed to be followed in each instance by the words “without limitation”; (c) when used in this Agreement, the word “or” is not exclusive; (d) when used in this Agreement, the words “herein,” “hereby,” “hereunder,” “hereof,” “hereto,” “hereinbefore,” and “hereinafter,” and words of similar import, unless otherwise specified, shall refer to this Agreement in its entirety and not to any particular section, subsection, paragraph, clause or other subdivision, exhibit, schedule or appendix of this Agreement; (ed) each reference in this Agreement to any article, section, subsection, paragraph, clause or other subdivision, exhibit, schedule or appendix shall mean, unless otherwise specified, the respective article, section, subsection, paragraph, clause or other subdivision, exhibit, schedule or appendix of this Agreement; (fe) capitalized terms in this Agreement referring to any Person or party to any Financing Document or to any other agreement, instrument, deed or other document shall refer to such Person or party together with its successors and permitted assigns, and in the case of any Governmental Authority, any Person succeeding to its functions and capacities; (gf) each reference in this Agreement to any Financing Transaction Document or to any other agreement, instrument, deed or other document, shall be deemed to be a reference to such Financing Transaction Document or such other agreement, instrument, deed or document, as the case may be, as the same may be amended, supplemented, novated or otherwise modified from time to time in accordance with the terms hereof and thereof; (hg) each reference in this Agreement to any Applicable Law or Environmental Law shall be construed as a reference to such Applicable Law or Environmental Law, as applied, amended, modified, extended or re-enacted from time to time, and includes any rules or regulations promulgated thereunder; (ih) each reference in this Agreement to any provision of any other Financing Transaction Document will include reference to any definition or provision incorporated by reference within that provision; (ji) except where expressly provided otherwise, whenever any matter is required to be satisfactory to, or determined determined, instructed, requested or approved by, DOE or FFBDOE, or DOE or FFB is required or permitted to exercise any discretion (including any discretion to waive, consent, instruct, select, require, request, deem appropriate, deem necessary, permit, determine or approve any matter), the satisfaction, determination determination, instruction, request or approval of DOE or FFBDOE, or the exercise by DOE or FFB of such discretion, shall be in its respective sole and absolute discretion; (j) the words “asset” and “property,” unless otherwise defined herein, as applicable, and further DOE shall be entitled construed to consult with have the Independent Engineer or same meaning and effect and to refer to any other of its Secured Party Advisors in making such determination or exercising such discretion;and all tangible and intangible assets and properties, including cash, Equity Interests, securities, revenues, accounts, leasehold interests, Intellectual Property and contract rights; and (k) except where expressly provided otherwise, the words word “days”, “weeks”, “months” and “yearswill” shall mean calendar days, weeks, months be construed as having the same meaning and years, respectively, and each reference to a time of day shall mean such time in Washington, D.C.;effect as the word “shall.”

Other Rules of Construction. Unless the contrary is expressly stated herein: (a) words in this Agreement Guarantee denoting one gender only shall be construed to include the other gender; (b) when used in this AgreementGuarantee, the words “including,” ”, “includes” and “include” shall be deemed to be followed in each instance by the words “without limitation”; (c) when used in this Agreement, the word “or” is not exclusive; (d) when used in this AgreementGuarantee, the words “herein,” ”, “hereby,” ”, “hereunder,” ”, “hereof,” ”, “hereto,” ”, “hereinbefore,” ”, and “hereinafter,” ”, and words of similar import, unless otherwise specified, shall refer to this Agreement Guarantee in its entirety and not to any particular section, subsection, paragraph, clause or other subdivision, exhibit, schedule or appendix of this AgreementGuarantee; (ed) each reference in this Agreement Guarantee to any article, section, subsection, paragraph, clause or other subdivision, exhibit, schedule or appendix shall mean, unless otherwise specified, the respective article, section, subsection, paragraph, clause or other subdivision, exhibit, schedule or appendix of this AgreementGuarantee; (fe) capitalized terms in this Agreement Guarantee referring to any Person or party to any Financing Loan Document or to any other agreement, instrument, deed or other document shall refer to such Person or party together with its successors and permitted assigns, and in the case of any Governmental Authority, any Person succeeding to its functions and capacities; (gf) each reference in this Agreement Guarantee to any Financing Loan Document or to any other agreement, instrument, deed or other document, shall be deemed to be a reference to such Financing Loan Document or such other agreement, instrument, deed or document, as the case may be, as the same may be amended, supplemented, novated or otherwise modified from time to time in accordance with the terms hereof and thereof; (hg) each reference in this Agreement Guarantee to any Applicable Law or Environmental Requirements of Law shall be construed as a reference to such Applicable Law or Environmental Requirements of Law, as applied, amended, modified, extended or re-enacted from time to time, and includes any rules or regulations promulgated thereunder; (ih) each reference in this Agreement Guarantee to any provision of any other Financing Loan Document will include reference to any definition or provision incorporated by reference within that provision; (i) the words “asset” and “property” shall be construed to have the same meaning and effect and to refer to any and all tangible and intangible assets and properties, including cash, Capital Stock, securities, revenues, accounts, leasehold interests, Intellectual Property and contract rights; (j) except where expressly provided otherwise, whenever any matter is required to be satisfactory to, or determined or approved by, DOE or FFB, or DOE or FFB is required or permitted to exercise any discretion (including any discretion to waive, select, require, deem appropriate, deem necessary, permit, determine or approve any matter), the satisfaction, determination or approval of DOE or FFB, or the exercise by DOE or FFB of such discretion, word “will” shall be in its respective sole construed as having the same meaning and absolute discretion, effect as applicable, and further DOE shall be entitled to consult with the Independent Engineer or any other of its Secured Party Advisors in making such determination or exercising such discretion;word “shall”; and (k) except where expressly provided otherwise, the words “days”, “weeks”, “months” meanings given to terms defined herein shall be equally applicable to both the singular and “years” shall mean calendar days, weeks, months and years, respectively, and each reference to a time plural forms of day shall mean such time in Washington, D.C.;terms.

Other Rules of Construction. Unless the contrary is expressly stated herein: (a) words in this Agreement denoting one gender only shall be construed to include the other gender; (b) when used in this Agreement, the words “including,” ”, “includes” and “include” shall be deemed to be followed in each instance by the words “without limitation”; (c) when used in this Agreement, the word “or” is not exclusive; (d) when used in this Agreement, the words “herein,” ”, “hereby,” ”, “hereunder,” ”, “hereof,” ”, “hereto,” ”, “hereinbefore,” ”, and “hereinafter,” ”, and words of similar import, unless otherwise specified, shall refer to this Agreement in its entirety and not to any particular section, subsection, paragraph, clause or other subdivision, exhibit, schedule or appendix of this Agreement; (ed) each reference in this Agreement to any article, section, subsection, paragraph, clause or other subdivision, exhibit, schedule or appendix shall mean, unless otherwise specified, the respective article, section, subsection, paragraph, clause or other subdivision, exhibit, schedule or appendix of this Agreement; (fe) capitalized terms in this Agreement referring to any Person or party to any Financing Loan Document or to any other agreement, instrument, deed or other document shall refer to such Person or party together with its successors and permitted assigns, and in the case of any Governmental Authority, any Person succeeding to its functions and capacities; (gf) each reference in this Agreement to any Financing Loan Document or to any other agreement, instrument, deed or other document, shall be deemed to be a reference to such Financing Loan Document or such other agreement, instrument, deed or document, as the case may be, as the same may be amended, supplemented, novated or otherwise modified from time to time in accordance with the terms hereof and thereof; (hg) each reference in this Agreement to any Applicable Law or Environmental Requirements of Law shall be construed as a reference to such Applicable Law or Environmental Requirements of Law, as applied, amended, modified, extended or re-enacted from time to time, and includes any rules or regulations promulgated thereunder; (ih) each reference in this Agreement to any provision of any other Financing Loan Document will include reference to any definition or provision incorporated by reference within that provision; (i) the words “asset” and “property” shall be construed to have the same meaning and effect and to refer to any and all tangible and intangible assets and properties, including cash, Capital Stock, securities, revenues, accounts, leasehold interests, Intellectual Property and contract rights; (j) except where expressly provided otherwise, whenever any matter is required to be satisfactory to, or determined or approved by, DOE or FFB, or DOE or FFB is required or permitted to exercise any discretion (including any discretion to waive, select, require, deem appropriate, deem necessary, permit, determine or approve any matter), the satisfaction, determination or approval of DOE or FFB, or the exercise by DOE or FFB of such discretion, word “will” shall be in its respective sole construed as having the same meaning and absolute discretion, effect as applicable, and further DOE shall be entitled to consult with the Independent Engineer or any other of its Secured Party Advisors in making such determination or exercising such discretion;word “shall”; and (k) except where expressly provided otherwisethe context requires, terms relating to the words “days”Collateral or any part thereof, “weeks”, “months” and “years” shall mean calendar days, weeks, months and years, respectively, and each reference when used in relation to a time of day Grantor, shall mean refer to such time in Washington, D.C.;Grantor’s Collateral or the relevant part thereof.

Other Rules of Construction. Unless the contrary is expressly stated herein: (a) words in this Agreement denoting one gender only shall be construed to include the other gender; (b) when used in this Agreement, the words “including,” ”, “includes” and “include” shall be deemed to be followed in each instance by the words “without limitation”; (c) when used in this Agreement, the word “or” is not exclusive; (d) when used in this Agreement, the words “herein,” ”, “hereby,” ”, “hereunder,” ”, “hereof,” ”, “hereto,” ”, “hereinbefore,” ”, and “hereinafter,” ”, and words of similar import, unless otherwise specified, shall refer to this Agreement in its entirety and not to any particular section, subsection, paragraph, clause or other subdivision, exhibit, schedule or appendix of this Agreement; (ed) each reference in this Agreement to any article, section, subsection, paragraph, clause or other subdivision, exhibit, schedule or appendix shall mean, unless otherwise specified, the respective article, section, subsection, paragraph, clause or other subdivision, exhibit, schedule or appendix of this Agreement; (fe) capitalized terms in this Agreement referring to any Person or party to any Financing Loan Document or to any other agreement, instrument, deed or other document shall refer to such Person or party together with its successors and permitted assigns, and in the case of any Governmental Authority, any Person succeeding to its functions and capacities; (gf) each reference in this Agreement to any Financing Loan Document or to any other agreement, instrument, deed or other document, shall be deemed to be a reference to such Financing Loan Document or such other agreement, instrument, deed or document, as the case may be, as the same may be amended, supplemented, novated or otherwise modified from time to time in accordance with the terms hereof and thereof; (hg) each reference in this Agreement to any Applicable Law or Environmental Requirements of Law shall be construed as a reference to such Applicable Law or Environmental Requirements of Law, as applied, amended, modified, extended or re-enacted from time to time, and includes any rules or regulations promulgated thereunder; (ih) each reference in this Agreement to any provision of any other Financing Loan Document will include reference to any definition or provision incorporated by reference within that provision; (ji) except where expressly provided otherwise, whenever any matter is required to be satisfactory to, or determined or approved by, DOE or FFBDOE, or DOE or FFB is required or permitted to exercise any discretion (including any discretion to waive, select, require, deem appropriate, deem necessary, permit, determine or approve any matter), the satisfaction, determination or approval of DOE or FFBDOE, or the exercise by DOE or FFB of such discretion, shall be in its respective sole and absolute discretion, as applicable, ; (j) the words “asset” and further DOE “property” shall be entitled construed to consult with have the Independent Engineer or same meaning and effect and to refer to any other of its Secured Party Advisors in making such determination or exercising such discretion;and all tangible and intangible assets and properties, including cash, Capital Stock, securities, revenues, accounts, leasehold interests, Intellectual Property and contract rights; and (k) except where expressly provided otherwise, the words word “days”, “weeks”, “months” and “yearswill” shall mean calendar days, weeks, months be construed as having the same meaning and years, respectively, and each reference to a time of day shall mean such time in Washington, D.C.;effect as the word “shall”.

Other Rules of Construction. Unless the contrary is expressly stated herein: (a) words in this Agreement denoting one a gender only shall be construed to include the other any gender; (b) when used in this Agreement, the words “including,” “includes” and “include” shall be deemed to be followed in each instance by the words “without limitation”; (c) when used in this Agreement, the word “or” is not exclusive; (d) when used in this Agreement, the words “herein,” “hereby,” “hereunder,” “hereof,” “hereto,” “hereinbefore,” and “hereinafter,” and words of similar import, unless otherwise specified, shall refer to this Agreement in its entirety and not to any particular section, subsection, paragraph, clause or other subdivision, exhibit, schedule or appendix of this Agreement; (e) each reference in this Agreement to any article, section, subsection, paragraph, clause or other subdivision, exhibit, schedule or appendix shall mean, unless otherwise specified, the respective article, section, subsection, paragraph, clause or other subdivision, annex, exhibit, schedule or appendix of this Agreement; (f) capitalized terms in this Agreement referring to any Person or party to any Financing Document or to any other agreement, instrument, deed or other document shall refer to such Person or party together with its successors and permitted assigns, and in the case of any Governmental Authority, any Person succeeding to its functions and capacities; (g) each reference in this Agreement to any Financing Document or to any other agreement, instrument, deed or other document, shall be deemed to be a reference to such Financing Document or such other agreement, instrument, deed or document, as the case may be, as the same may be amended, supplemented, novated or otherwise modified from time to time in accordance with the terms hereof and thereof; (h) each reference in this Agreement to any Applicable Law or Environmental Law shall be construed as a reference to such Applicable Law or Environmental Law, as applied, amended, modified, extended or re-enacted from time to time, and includes any rules or regulations promulgated thereunder; (i) each reference in this Agreement to any provision of any other Financing Document will include reference to any definition or provision incorporated by reference within that provision; (j) except where expressly provided otherwise, whenever any matter is required to be satisfactory to, or determined or approved by, DOE the Guarantor or FFB, or DOE the Guarantor or FFB is required or permitted to exercise any discretion (including any discretion to waive, select, require, deem appropriate, deem necessary, permit, determine or approve any matter), the satisfaction, determination or approval of DOE the Guarantor or FFB, or the exercise by DOE the Guarantor or FFB of such discretion, shall be in its respective sole and absolute discretion, as applicable, and further DOE the Guarantor shall be entitled to consult with the Independent Engineer or any other of its Secured Party Advisors the DOE Consultants in making such determination or exercising such discretion; (k) except where expressly provided otherwise, the words “days”, “weeks”, “months” and “years” shall mean calendar days, weeks, months and years, respectively, and each reference to a time of day shall mean such time in Washington, D.C.;