Common use of Other Terms and References Clause in Contracts

Other Terms and References. Words of any gender used in each Operative Document shall be held and construed to include any other gender, and words in the singular number shall be held to include the plural and vice versa, unless the context otherwise requires. References in any Operative Document to Paragraphs, subparagraphs, Sections, subsections or other subdivisions shall refer to the corresponding Paragraphs, subparagraphs, Sections, subsections or subdivisions of that Operative Document, unless specific reference is made to another document or instrument. References in any Operative Document to any Schedule or Exhibit shall refer to the corresponding Schedule or Exhibit attached to that Operative Document, which shall be made a part thereof by such reference. All capitalized terms used in each Operative Document which refer to other documents shall be deemed to refer to such other documents as they may be renewed, extended, supplemented, amended or otherwise modified from time to time, provided such documents are not renewed, extended or modified in breach of any provision contained in the Operative Documents or, in the case of any other document to which BNPLC is a party or of which BNPLC is an intended beneficiary, without the consent of BNPLC. All accounting terms used but not specifically defined in any Operative Document shall be construed in accordance with GAAP. The words "this [Agreement]", "herein", "hereof", "hereby", "hereunder" and words of similar import when used in each Operative Document refer to that Operative Document as a whole and not to any particular subdivision unless expressly so limited. The phrases "this Paragraph", "this subparagraph", "this Section", "this subsection" and similar phrases used in any operative document refer only to the Paragraph, subparagraph, Section, subsection or other subdivision described in which the phrase occurs. As used in the Operative Documents the word "or" is not exclusive. As used in the Operative Documents, the words "include", "including" and similar terms shall be construed as if followed by "without limitation to".

Appears in 6 contracts

Samples: Lease Agreement (Network Appliance Inc), Lease Agreement (Network Appliance Inc), Lease Agreement (Network Appliance Inc)

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Other Terms and References. Words of any gender used in each Operative Document shall will be held and construed to include any other gender, and words in the singular number shall will be held to include the plural and vice versa, unless the context otherwise requires. References in any Operative Document to Paragraphs, subparagraphs, Sections, subsections or other subdivisions shall refer to the corresponding Paragraphs, subparagraphs, Sections, subsections or subdivisions of that Operative Document, unless specific reference is made to another document or instrument. References in any Operative Document to any Schedule or Exhibit shall refer to the corresponding Schedule or Exhibit attached to that Operative Document, which shall be are made a part thereof by such reference. All capitalized terms used in each Operative Document which refer to other documents shall will be deemed to refer to such other documents as they may be renewed, extended, supplemented, amended or otherwise modified from time to time, provided such documents are not renewed, extended or modified in breach of any provision contained in the Operative Documents or, in the case of any other document to which BNPLC BNPPLC or LRC is a party or of which BNPLC is an intended beneficiary, without the consent of BNPLCits consent. All accounting terms used but not specifically defined in any Operative Document shall will be construed in accordance with GAAP. The words "this [Agreement]", "herein", "hereof", "hereby", "hereunder" and words of similar import when used in each Operative Document refer to that Operative Document as a whole and not to any particular subdivision unless expressly so limited. The phrases "this Paragraph", "this subparagraph", "this Section", "this subsection" and similar phrases used in any operative document Operative Document refer only to the Paragraph, subparagraph, Section, subsection or other subdivision described in which the phrase occurs. As used in the Operative Documents the word "or" is not exclusive. As used in the Operative Documents, and the words "include", "including" and similar terms shall will be construed as if followed by "without limitation to"”. Relative to the determination of the beginning and end of any time period for which any payment may be required or accrue, the word “from” means “from and including”, and the word “to” means “to but excluding”. Similarly, relative to any such determination, the words “begin on” means “begin on and include”, and the words “end on” means “end on but not include”. The rule of ejusdem generis will not be applied to limit the generality of a term in any of the Operative Documents when followed by specific examples. When used to qualify any representation or warranty made by a Person, the phrases “to the knowledge of [such Person]” or “to the best knowledge of [such Person]” are intended to mean only that such Person does not have knowledge of facts or circumstances which make the representation or warranty false or misleading in some material respect; such phrases are not intended to suggest that the Person does indeed know the representation or warranty is true.

Appears in 5 contracts

Samples: Lease Agreement (Lam Research Corp), Participation Agreement (Lam Research Corp), Lease Agreement (Lam Research Corp)

Other Terms and References. Words of any gender used in each Operative Document this Lease shall be held and construed to include any other gender, and words in the singular number shall be held to include the plural and vice versa, unless the context otherwise requires. References in any Operative Document herein to Paragraphs, subparagraphs, Sections, subsections subparagraphs or other subdivisions shall refer to the corresponding Paragraphs, subparagraphs, Sections, subsections subparagraphs or subdivisions of that Operative Documentthis Lease, unless specific reference is made to another document or instrument. References in any Operative Document herein to any Schedule or Exhibit shall refer to the corresponding Schedule or Exhibit attached to that Operative Documenthereto, which shall be made a part thereof hereof by such reference. All capitalized terms used in each Operative Document this Lease which refer to other documents shall be deemed to refer to such other documents as they may be renewed, extended, supplemented, amended or otherwise modified from time to time, provided such documents are not renewed, extended or modified in breach of any provision contained in the Operative Documents herein or therein or, in the case of any other document to which BNPLC Landlord is a party or of which BNPLC Landlord is an intended beneficiary, without the consent of BNPLCLandlord. All accounting terms used but not specifically defined in any Operative Document herein shall be construed in accordance with GAAP. The words "this [Agreement]Lease", "herein", "hereof", "hereby", "hereunder" and words of similar import when used in each Operative Document refer to that Operative Document this Lease as a whole and not to any particular subdivision unless expressly so limited. The phrases "this Paragraph", " and "this subparagraph", "this Section", "this subsection" and similar phrases used in any operative document refer only to the Paragraph, subparagraph, Section, subsection Paragraphs or other subdivision described subparagraphs hereof in which the phrase occurs. As used in the Operative Documents the The word "or" is not exclusive. As used Other capitalized terms are defined in the Operative Documents, the words "include", "including" and similar terms shall be construed as if followed by "without limitation to"provisions that follow.

Appears in 4 contracts

Samples: Lease Agreement (3com Corp), Lease Agreement (3com Corp), Lease Agreement (Informix Corp)

Other Terms and References. Words of any gender used in each Operative Document this Lease shall be held and construed to include any other gender, and words in the singular number shall be held to include the plural and vice versa, unless the context otherwise requires. References in any Operative Document herein to Paragraphs, subparagraphs, Sections, subsections subparagraphs or other subdivisions shall refer to the corresponding Paragraphs, subparagraphs, Sections, subsections subparagraphs or subdivisions of that Operative Documentthis Lease, unless specific reference is made to another document or instrument. References in any Operative Document herein to any Schedule or Exhibit shall refer to the corresponding Schedule or Exhibit attached to that Operative Documenthereto, which shall be made a part thereof hereof by such reference. All capitalized terms used in each Operative Document this Lease which refer to other documents shall be deemed to refer to such other documents as they may be renewed, extended, supplemented, amended or otherwise modified from time to time, provided such documents are not renewed, extended or modified in breach of any provision contained in the Operative Documents herein or therein or, in the case of any other document to which BNPLC Landlord is a party or of which BNPLC Landlord is an intended beneficiary, without the consent of BNPLCLandlord. All accounting terms used but not specifically defined in any Operative Document herein shall be construed in accordance with GAAP. The words "this [Agreement]Lease", "herein", "hereof", "hereby", "hereunder" and words of similar import when used in each Operative Document refer to that Operative Document this Lease as a whole and not to any particular subdivision unless expressly so limited. The phrases "this Paragraph", " and "this subparagraph", "this Section", "this subsection" and similar phrases used in any operative document refer only to the Paragraph, subparagraph, Section, subsection Paragraphs or other subdivision described subparagraphs hereof in which the phrase occurs. As used Unless required by the context in the Operative Documents which it is used, the word "or" is not exclusive. As used Other capitalized terms are defined in the Operative Documents, the words "include", "including" and similar terms shall be construed as if followed by "without limitation to"provisions that follow. 2.

Appears in 3 contracts

Samples: Lease Agreement (3com Corp), Lease Agreement (3com Corp), Lease Agreement (3com Corp)

Other Terms and References. Words of any gender used in each Operative Document this Lease shall be held and construed to include any other gender, and words in the singular number shall be held to include the plural and vice versa, unless the context otherwise requires. References in any Operative Document herein to Paragraphs, subparagraphs, Sections, subsections subparagraphs or other subdivisions shall refer to the corresponding Paragraphs, subparagraphs, Sections, subsections subparagraphs or subdivisions of that Operative Documentthis Lease, unless specific reference is made to another document or instrument. References in any Operative Document herein to any Schedule or Exhibit shall refer to the corresponding Schedule or Exhibit attached to that Operative Documenthereto, which shall be made a part thereof hereof by such reference. All capitalized terms used in each Operative Document this Lease which refer to other documents shall be deemed to refer to such other documents as they may be renewed, extended, supplemented, amended or otherwise modified from time to time, provided such documents are not renewed, extended or modified in breach of any provision contained in the Operative Documents herein or therein or, in the case of any other document to which BNPLC is a party or of which BNPLC is an intended beneficiary, without the consent of BNPLC. All accounting terms used but not specifically defined in any Operative Document herein shall be construed in accordance with GAAP. The words "this [Agreement]Lease", "herein", "hereof", "hereby", "hereunder" and words of similar import when used in each Operative Document this Lease refer to that Operative Document this Lease as a whole and not to any particular subdivision unless expressly so limited. The phrases "this Paragraph", " and "this subparagraph", "this Section", "this subsection" and similar phrases used in any operative document herein refer only to the Paragraph, subparagraph, Section, subsection Paragraphs or other subdivision described subparagraphs in which the phrase occurs. As used in the Operative Documents herein the word "or" is not exclusive. As used in the Operative Documents, herein the words "include", "including" and similar terms shall be construed as if followed by "without limitation to".

Appears in 3 contracts

Samples: Lease Agreement (Solectron Corp), Lease Agreement (Solectron Corp), Lease Agreement (Solectron Corp)

Other Terms and References. Words of any gender used in each Operative Document this Agreement shall be held and construed to include any other gender, and words in the singular number shall be held to include the plural and vice versa, unless the context otherwise requires. References in any Operative Document herein to Paragraphs, subparagraphs, Sections, subsections subparagraphs or other subdivisions shall refer to the corresponding Paragraphs, subparagraphs, Sections, subsections subparagraphs or subdivisions of that Operative Documentthis Agreement, unless specific reference is made to another document or instrument. References in any Operative Document herein to any Schedule or Exhibit shall refer to the corresponding Schedule or Exhibit attached to that Operative Documenthereto, which shall be made a part thereof hereof by such reference. All capitalized terms used in each Operative Document this Agreement which refer to other documents shall be deemed to refer to such other documents as they may be renewed, extended, supplemented, amended or otherwise modified from time to time, provided such documents are not renewed, extended or modified in breach of any provision contained in the Operative Documents herein or therein or, in the case of any other document to which BNPLC is a party or of which BNPLC is an intended beneficiary, without the consent of BNPLC. All accounting terms used but not specifically defined in any Operative Document herein shall be construed in accordance with GAAP. The words "this [Agreement]", "herein", "hereof", "hereby", "hereunder" and words of similar import when used in each Operative Document this Agreement refer to that Operative Document this Agreement as a whole and not to any particular subdivision unless expressly so limited. The phrases "this Paragraph", " and "this subparagraph", "this Section", "this subsection" and similar phrases used in any operative document herein refer only to the Paragraph, subparagraph, Section, subsection Paragraphs or other subdivision described subparagraphs in which the phrase occurs. As used in the Operative Documents herein the word "or" is not exclusive. As used in the Operative Documents, herein the words "include", "including" and similar terms shall be construed as if followed by "without limitation to".

Appears in 3 contracts

Samples: Purchase Agreement (Solectron Corp), Purchase Agreement (Solectron Corp), Purchase Agreement (Solectron Corp)

Other Terms and References. Words of any gender used in each Operative Document shall be held and construed to include any other gender, and words in the singular number shall be held to include the plural and vice versa, unless the context otherwise requires. References in any Operative Document to Paragraphs, subparagraphs, Sections, subsections or other subdivisions shall refer to the corresponding Paragraphs, subparagraphs, Sections, subsections or subdivisions of that Operative Document, unless specific reference is made to another document or instrument. References in any Operative Document to any Schedule or Exhibit shall refer to the corresponding Schedule or Exhibit attached to that Operative Document, which shall be made a part thereof by such reference. All capitalized terms used in each Operative Document which refer to other documents shall be deemed to refer to such other documents as they may be renewed, extended, supplemented, amended or otherwise modified from time to time, provided such documents are not renewed, extended or modified in breach of any provision contained in the Operative Documents or, in the case of any other document to which BNPLC is a party or of which BNPLC is an intended beneficiary, without the consent of BNPLC. All accounting terms used but not specifically defined in any Operative Document shall be construed in accordance with GAAP. The words "this [Agreement]", "herein", "hereof", "hereby", "hereunder" and words of similar import when used in each Operative Document refer to that Operative Document as a whole and not to any particular subdivision unless expressly so limited. The phrases "this Paragraph", "this subparagraph", "this Section", "this subsection" and similar phrases used in any operative document Operative Document refer only to the Paragraph, subparagraph, Section, subsection or other subdivision described in which the phrase occurs. As used in the Operative Documents the word "or" is not exclusive. As used in the Operative Documents, the words "include", "including" and similar terms shall be construed as if followed by "without limitation to".

Appears in 2 contracts

Samples: Lease Agreement (Network Appliance Inc), Lease Agreement (Network Appliance Inc)

Other Terms and References. Words of any gender used in each Operative Document shall will be held and construed to include any other gender, and words in the singular number shall will be held to include the plural and vice versa, unless the context otherwise requires. References in any Operative Document to Paragraphs, subparagraphs, Sections, subsections or other subdivisions shall refer to the corresponding Paragraphs, subparagraphs, Sections, subsections or subdivisions of that Operative Document, unless specific reference is made to another document or instrument. References in any Operative Document to any Schedule or Exhibit shall refer to the corresponding Schedule or Exhibit attached to that Operative Document, which shall be are made a part thereof by such reference. All capitalized terms used in each Operative Document which refer to other documents shall will be deemed to refer to such other documents as they may be renewed, extended, supplemented, amended or otherwise modified from time to time, provided such documents are not renewed, extended or modified in breach of any provision contained in the Operative Documents or, in the case of any other document to which BNPLC BNPPLC or NAI is a party or of which BNPLC is an intended beneficiary, without the consent of BNPLCits consent. All accounting terms used but not specifically defined in any Operative Document shall will be construed in accordance with GAAP. The words "this [Agreement]", "herein", "hereof", "hereby", "hereunder" and words of similar import when used in each Operative Document refer to that Operative Document as a whole and not to any particular subdivision unless expressly so limited. The phrases "this Paragraph", "this subparagraph", "this Section", "this subsection" and similar phrases used in any operative document Operative Comman Definitions and Provisions Agreement (Mxxxxxx Business Center)- Page 35 Document refer only to the Paragraph, subparagraph, Section, subsection or other subdivision described in which the phrase occurs. As used in the Operative Documents the word "or" is not exclusive. As used in the Operative Documents, and the words "include", "including" and similar terms shall will be construed as if followed by "without limitation to"”. The rule of ejusdem generis will not be applied to limit the generality of a term in any of the Operative Documents when followed by specific examples. When used to qualify any representation or warranty made by a Person, the phrases “to the knowledge of [such Person]” or “to the best knowledge of [such Person]” are intended to mean only that such Person does not have knowledge of facts or circumstances which make the representation or warranty false or misleading in some material respect; such phrases are not intended to suggest that the Person does indeed know the representation or warranty is true.

Appears in 1 contract

Samples: Lease Agreement (Network Appliance Inc)

Other Terms and References. Words of any gender used in each Operative Document shall will be held and construed to include any other gender, and words in the singular number shall will be held to include the plural and vice versa, unless the context otherwise requires. References in any Operative Document to Paragraphs, subparagraphs, Sections, subsections or other subdivisions shall refer to the corresponding Paragraphs, subparagraphs, Sections, subsections or subdivisions of that Operative Document, unless specific reference is made to another document or instrument. References in any Operative Document to any Schedule or Exhibit shall refer to the corresponding Schedule or Exhibit attached to that Operative Document, which shall be are made a part thereof by such reference. All capitalized terms used in each Operative Document which refer to other documents shall will be deemed to refer to such other documents as they may be renewed, extended, supplemented, amended or otherwise modified from time to time, provided such documents are not renewed, extended or modified in breach of any provision contained in the Operative Documents or, in the case of any other document to which BNPLC BNPPLC is a party or of which BNPLC BNPPLC is an intended beneficiary, without the consent of BNPLCBNPPLC. All accounting terms used but not specifically defined in any Operative Document shall will be construed in accordance with GAAP. The words "this [Agreement]", "herein", "hereof", "hereby", "hereunder" and words of similar import when used in each Operative Document refer to that Operative Document as a whole and not to any particular subdivision unless expressly so limited. The phrases "this Paragraph", "this subparagraph", "this Section", "this subsection" and similar phrases used in any operative document refer only to the Paragraph, subparagraph, Section, subsection or other subdivision described in which the phrase occurs. As used in the Operative Documents the word "or" is not exclusive. As used in the Operative Documents, the words "include", "including" and similar terms shall will be construed as if followed by "without limitation to"”. The rule of ejusdem generis will not be applied to limit the generality of a term in any of the Operative Documents when followed by specific examples. When used to qualify any representation or warranty made by a Person, the phrases “to the knowledge of [such Person]” or “to the best knowledge of [such Person]” are intended to mean only that such Person does not have knowledge of facts or circumstances which make the representation or warranty false or misleading in some material respect; such phrases are not intended to suggest that the Person does indeed know the representation or warranty is true.

Appears in 1 contract

Samples: Participation Agreement (Network Appliance Inc)

Other Terms and References. Words of any gender used in each Operative Document shall will be held and construed to include any other gender, and words in the singular number shall will be held to include the plural and vice versa, unless the context otherwise requires. References in any Operative Document to Paragraphs, subparagraphs, Sections, subsections or other subdivisions shall refer to the corresponding Paragraphs, subparagraphs, Sections, subsections or subdivisions of that Operative Document, unless specific reference is made to another document or instrument. References in any Operative Document to any Schedule or Exhibit shall refer to the corresponding Schedule or Exhibit attached to that Operative Document, which shall be are made a part thereof by such reference. All capitalized terms used in each Operative Document which refer to other documents shall will be deemed to refer to such other documents as they may be renewed, extended, supplemented, amended or otherwise modified from time to time, provided such documents are not renewed, extended or modified in breach of any provision contained in the Operative Documents or, in the case of any other document to which BNPLC BNPPLC or NAI is a party or of which BNPLC is an intended beneficiary, without the consent of BNPLCits consent. All accounting terms used but not specifically defined in any Operative Document shall will be construed in accordance with GAAP. The words "this [Agreement]", "herein", "hereof", "hereby", "hereunder" and words of similar import when used in each Operative Document refer to that Operative Document as a whole and not to any particular subdivision unless expressly so limited. The phrases "this Paragraph", "this subparagraph", "this Section", "this subsection" and similar phrases used in any operative document Operative Common Definitions and Provisions Agreement (1299 Orleans) — Page 35 Document refer only to the Paragraph, subparagraph, Section, subsection or other subdivision described in which the phrase occurs. As used in the Operative Documents the word "or" is not exclusive. As used in the Operative Documents, and the words "include", "including" and similar terms shall will be construed as if followed by "without limitation to"”. The rule of ejusdem generis will not be applied to limit the generality of a term in any of the Operative Documents when followed by specific examples. When used to qualify any representation or warranty made by a Person, the phrases “to the knowledge of [such Person]” or “to the best knowledge of [such Person]” are intended to mean only that such Person does not have knowledge of facts or circumstances which make the representation or warranty false or misleading in some material respect; such phrases are not intended to suggest that the Person does indeed know the representation or warranty is true.

Appears in 1 contract

Samples: Lease Agreement (Network Appliance Inc)

Other Terms and References. Words of any gender used in each Operative Document shall will be held and construed to include any other gender, and words in the singular number shall will be held to include the plural and vice versa, unless the context otherwise requires. Amended and Restated Common Definitions and Provisions Agreement (Building 7) – Page 43 References in any Operative Document to Paragraphs, subparagraphs, Sections, subsections or other subdivisions shall refer to the corresponding Paragraphs, subparagraphs, Sections, subsections or subdivisions of that Operative Document, unless specific reference is made to another document or instrument. References in any Operative Document to any Schedule or Exhibit shall refer to the corresponding Schedule or Exhibit attached to that Operative Document, which shall be are made a part thereof by such reference. All capitalized terms used in each Operative Document which refer to other documents shall will be deemed to refer to such other documents as they may be renewed, extended, supplemented, amended or otherwise modified from time to time, provided such documents are not renewed, extended or modified in breach of any provision contained in the Operative Documents or, in the case of any other document to which BNPLC BNPPLC or NAI is a party or of which BNPLC is an intended beneficiary, without the consent of BNPLCits consent. All accounting terms used but not specifically defined in any Operative Document shall will be construed in accordance with GAAP. The words "this [Agreement]", "herein", "hereof", "hereby", "hereunder" and words of similar import when used in each Operative Document refer to that Operative Document as a whole and not to any particular subdivision unless expressly so limited. The phrases "this Paragraph", "this subparagraph", "this Section", "this subsection" and similar phrases used in any operative document Operative Document refer only to the Paragraph, subparagraph, Section, subsection or other subdivision described in which the phrase occurs. As used in the Operative Documents the word "or" is not exclusive. As used in the Operative Documents, and the words "include", "including" and similar terms shall will be construed as if followed by "without limitation to"”. The rule of ejusdem generis will not be applied to limit the generality of a term in any of the Operative Documents when followed by specific examples. When used to qualify any representation or warranty made by a Person, the phrases “to the knowledge of [such Person]” or “to the best knowledge of [such Person]” are intended to mean only that such Person does not have knowledge of facts or circumstances which make the representation or warranty false or misleading in some material respect; such phrases are not intended to suggest that the Person does indeed know the representation or warranty is true.

Appears in 1 contract

Samples: Common Definitions and Provisions Agreement (NetApp, Inc.)

Other Terms and References. Words of any gender used in each Operative Document shall will be held and construed to include any other gender, and words in the singular number shall will be held to include the plural and vice versa, unless the context otherwise requires. References in any Operative Document to Paragraphs, subparagraphs, Sections, subsections or other subdivisions shall refer to the corresponding Paragraphs, subparagraphs, Sections, subsections or subdivisions of that Operative Document, unless specific reference is made to another document or instrument. References in any Operative Document to any Schedule or Exhibit shall refer Common Definitions and Provisions Agreement (Fremont/Building #2) — Page 31 to the corresponding Schedule or Exhibit attached to that Operative Document, which shall be are made a part thereof by such reference. All capitalized terms used in each Operative Document which refer to other documents shall will be deemed to refer to such other documents as they may be renewed, extended, supplemented, amended or otherwise modified from time to time, provided such documents are not renewed, extended or modified in breach of any provision contained in the Operative Documents or, in the case of any other document to which BNPLC BNPPLC or LRC is a party or of which BNPLC is an intended beneficiary, without the consent of BNPLCits consent. All accounting terms used but not specifically defined in any Operative Document shall will be construed in accordance with GAAP. The words "this [Agreement]", "herein", "hereof", "hereby", "hereunder" and words of similar import when used in each Operative Document refer to that Operative Document as a whole and not to any particular subdivision unless expressly so limited. The phrases "this Paragraph", "this subparagraph", "this Section", "this subsection" and similar phrases used in any operative document Operative Document refer only to the Paragraph, subparagraph, Section, subsection or other subdivision described in which the phrase occurs. As used in the Operative Documents the word "or" is not exclusive. As used in the Operative Documents, and the words "include", "including" and similar terms shall will be construed as if followed by "without limitation to"”. Relative to the determination of the beginning and end of any time period for which any payment may be required or accrue, the word “from” means “from and including”, and the word “to” means “to but excluding”. Similarly, relative to any such determination, the words “begin on” means “begin on and include”, and the words “end on” means “end on but not include”. The rule of ejusdem generis will not be applied to limit the generality of a term in any of the Operative Documents when followed by specific examples. When used to qualify any representation or warranty made by a Person, the phrases “to the knowledge of [such Person]” or “to the best knowledge of [such Person]” are intended to mean only that such Person does not have knowledge of facts or circumstances which make the representation or warranty false or misleading in some material respect; such phrases are not intended to suggest that the Person does indeed know the representation or warranty is true.

Appears in 1 contract

Samples: Lease Agreement (Lam Research Corp)

Other Terms and References. Words of any gender used in each Building 3 Operative Document shall be held and construed to include any other gender, and words in the singular number shall be held to include the plural and vice versa, unless the context otherwise requires. References in any Building 3 Operative Document to Paragraphs, subparagraphs, Sections, subsections or other subdivisions shall refer to the corresponding Paragraphs, subparagraphs, Sections, subsections or subdivisions of that Building 3 Operative Document, unless specific reference is made to another document or instrument. References in any Building 3 Operative Document to any Schedule or Exhibit shall refer to the corresponding Schedule or Exhibit attached to that Building 3 Operative Document, which shall be made a part thereof by such reference. All capitalized terms used in each Building 3 Operative Document which refer to other documents shall be deemed to refer to such other documents as they may be renewed, extended, supplemented, amended or otherwise modified from time to time, provided such documents are not renewed, extended or modified in breach of any provision contained in the Building 3 Operative Documents or, in the case of any other document to which BNPLC is a party or of which BNPLC is an intended beneficiary, without the consent of BNPLC. All accounting terms used but not specifically defined in any Building 3 Operative Document shall be construed in accordance with GAAP. The words "this [Agreement]", "herein", "hereof", "hereby", "hereunder" and words of similar import when used in each Building 3 Operative Document refer to that Building 3 Operative Document as a whole and not to any particular subdivision unless expressly so limited. The phrases "this Paragraph", "this Common Definitions and Provisions Agreement (Improvements - Building 3) - Page 30 subparagraph", "this Section", "this subsection" and similar phrases used in any operative document Building 3 Operative Document refer only to the Paragraph, subparagraph, Section, subsection or other subdivision described in which the phrase occurs. As used in the Building 3 Operative Documents the word "or" is not exclusive. As used in the Building 3 Operative Documents, the words "include", "including" and similar terms shall be construed as if followed by "without limitation to".

Appears in 1 contract

Samples: Lease Agreement (Zhone Technologies Inc)

Other Terms and References. Words of any gender used in each Operative Document shall will be held and construed to include any other gender, and words in the singular number shall will be held to include the plural and vice versa, unless the context otherwise requires. Amended and Restated Common Definitions and Provisions Agreement (Building 8) – Page 43 References in any Operative Document to Paragraphs, subparagraphs, Sections, subsections or other subdivisions shall refer to the corresponding Paragraphs, subparagraphs, Sections, subsections or subdivisions of that Operative Document, unless specific reference is made to another document or instrument. References in any Operative Document to any Schedule or Exhibit shall refer to the corresponding Schedule or Exhibit attached to that Operative Document, which shall be are made a part thereof by such reference. All capitalized terms used in each Operative Document which refer to other documents shall will be deemed to refer to such other documents as they may be renewed, extended, supplemented, amended or otherwise modified from time to time, provided such documents are not renewed, extended or modified in breach of any provision contained in the Operative Documents or, in the case of any other document to which BNPLC BNPPLC or NAI is a party or of which BNPLC is an intended beneficiary, without the consent of BNPLCits consent. All accounting terms used but not specifically defined in any Operative Document shall will be construed in accordance with GAAP. The words "this [Agreement]", "herein", "hereof", "hereby", "hereunder" and words of similar import when used in each Operative Document refer to that Operative Document as a whole and not to any particular subdivision unless expressly so limited. The phrases "this Paragraph", "this subparagraph", "this Section", "this subsection" and similar phrases used in any operative document Operative Document refer only to the Paragraph, subparagraph, Section, subsection or other subdivision described in which the phrase occurs. As used in the Operative Documents the word "or" is not exclusive. As used in the Operative Documents, and the words "include", "including" and similar terms shall will be construed as if followed by "without limitation to"”. The rule of ejusdem generis will not be applied to limit the generality of a term in any of the Operative Documents when followed by specific examples. When used to qualify any representation or warranty made by a Person, the phrases “to the knowledge of [such Person]” or “to the best knowledge of [such Person]” are intended to mean only that such Person does not have knowledge of facts or circumstances which make the representation or warranty false or misleading in some material respect; such phrases are not intended to suggest that the Person does indeed know the representation or warranty is true.

Appears in 1 contract

Samples: Common Definitions and Provisions Agreement (NetApp, Inc.)

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Other Terms and References. Words of any gender used in each Operative Document shall will be held and construed to include any other gender, and words in the singular number shall will be held to include the plural and vice versa, unless the context otherwise requires. References in any Operative Document to Paragraphs, subparagraphs, Sections, subsections or other subdivisions shall refer to the corresponding Paragraphs, subparagraphs, Sections, subsections or subdivisions of that Operative Document, unless specific reference is made to another Common Definitions and Provisions Agreement - Page 40 document or instrument. References in any Operative Document to any Schedule or Exhibit shall refer to the corresponding Schedule or Exhibit attached to that Operative Document, which shall be are made a part thereof by such reference. All capitalized terms used in each Operative Document which refer to other documents shall will be deemed to refer to such other documents as they may be renewed, extended, supplemented, amended or otherwise modified from time to time, provided such documents are not renewed, extended or modified in breach of any provision contained in the Operative Documents or, in the case of any other document to which BNPLC BNPPLC or NAI is a party or of which BNPLC is an intended beneficiary, without the consent of BNPLCits consent. All accounting terms used but not specifically defined in any Operative Document shall will be construed in accordance with GAAP. The words "this [Agreement]", "herein", "hereof", "hereby", "hereunder" and words of similar import when used in each Operative Document refer to that Operative Document as a whole and not to any particular subdivision unless expressly so limited. The phrases "this Paragraph", "this subparagraph", "this Section", "this subsection" and similar phrases used in any operative document Operative Document refer only to the Paragraph, subparagraph, Section, subsection or other subdivision described in which the phrase occurs. As used in the Operative Documents the word "or" is not exclusive. As used in the Operative Documents, and the words "include", "including" and similar terms shall will be construed as if followed by "without limitation to"”. The rule of ejusdem generis will not be applied to limit the generality of a term in any of the Operative Documents when followed by specific examples. When used to qualify any representation or warranty made by a Person, the phrases “to the knowledge of [such Person]” or “to the best knowledge of [such Person]” are intended to mean only that such Person does not have knowledge of facts or circumstances which make the representation or warranty false or misleading in some material respect; such phrases are not intended to suggest that the Person does indeed know the representation or warranty is true.

Appears in 1 contract

Samples: Participation Agreement (Network Appliance Inc)

Other Terms and References. Words of any gender used in each Operative Document shall will be held and construed to include any other gender, and words in the singular number shall will be held to include the plural and vice versa, unless the context otherwise requires. References in any Operative Document to Paragraphs, subparagraphs, Sections, subsections or other subdivisions shall refer to the corresponding Paragraphs, subparagraphs, Sections, subsections or subdivisions of that Operative Document, unless specific reference is made to another document or instrument. References in any Operative Document to any Schedule or Exhibit shall refer to the corresponding Schedule or Exhibit attached to that Operative Document, which shall be are made a part thereof by such reference. All capitalized terms used in each Operative Document which refer to other documents shall will be deemed to refer to such other documents as they may be renewed, extended, supplemented, amended or otherwise modified from time to time, provided such documents are not renewed, extended or modified in breach of any provision contained in the Operative Documents or, in the case of any other document to which BNPLC BNPPLC or NAI is a party or of which BNPLC is an intended beneficiary, without the consent of BNPLCits consent. All accounting terms used but not specifically defined in any Operative Document shall will be construed in accordance with GAAP. The words "this [Agreement]", "herein", "hereof", "hereby", "hereunder" and words of similar import when used in each Operative Document refer to that Operative Document as a whole and not to any particular subdivision unless expressly so limited. The phrases "this Paragraph", "this subparagraph", "this Section", "this subsection" and similar phrases used in any operative document Operative Document refer only to the Paragraph, subparagraph, Section, subsection or other subdivision described in which the phrase occurs. As used in the Operative Documents the word "or" is not exclusive. As used in the Operative Documents, and the words "include", "including" and similar terms shall will be construed as if followed by "without limitation to"”. The rule of ejusdem generis will not be applied to limit the generality of a term in any of the Operative Documents when followed by specific examples. When used to qualify any representation or warranty made by a Person, the phrases “to the knowledge of [such Person]” or “to the best knowledge of [such Person]” are intended to mean only that such Person does not have knowledge of facts or circumstances which make the representation or warranty false or misleading in some material respect; such phrases are not intended to suggest that the Person does indeed know the representation or warranty is true.

Appears in 1 contract

Samples: Common Definitions and Provisions Agreement (NetApp, Inc.)

Other Terms and References. Words of any gender used in each Operative Document shall be held and construed to include any other gender, and words in the singular number shall be held to include the plural and vice versa, unless the context otherwise requires. References in any Operative Document to Paragraphs, subparagraphs, Sections, subsections or other subdivisions shall refer to the corresponding Paragraphs, subparagraphs, Sections, subsections or subdivisions of that Operative Document, unless specific reference is made to another document or instrument. References in any Operative Document to any Schedule or Exhibit shall refer to the corresponding Schedule or Exhibit attached to that Operative Document, which shall be made a part thereof by such reference. All capitalized terms used in each Operative Document which refer to other documents shall be deemed to refer to such other documents as they may be renewed, extended, supplemented, amended or otherwise modified from time to time, provided such documents are not renewed, extended or modified in breach of any provision contained in the Operative Documents or, in the case of any other document to which BNPLC is a party or of which BNPLC is an intended beneficiary, without the consent of BNPLC. All accounting terms used but not specifically defined in any Operative Document shall be construed in accordance with GAAP. The words "this [Agreement]", "herein", "hereof", "hereby", "hereunder" and words of similar import when used in each Operative Document refer to that Operative Document as a whole and not to any particular subdivision unless expressly so limited. The phrases "this Paragraph", "this subparagraph", "this Section", "this subsection" and similar phrases used in any operative document refer only to the Paragraph, subparagraph, Section, subsection or other subdivision described in which the phrase occurs. As used in the Operative Documents the word "or" is not exclusive. As used in the Operative Documents, the words "include", "including" and similar terms shall be construed as if followed by "without limitation to".particular

Appears in 1 contract

Samples: Lease Agreement (Network Appliance Inc)

Other Terms and References. Words of any gender used in each Operative Document this Lease shall be held and construed to include any other gender, and words in the singular number shall be held to include the plural and vice versa, unless the context otherwise requires. References in any Operative Document herein to Paragraphs, subparagraphs, Sections, subsections subparagraphs or other subdivisions shall refer to the corresponding Paragraphs, subparagraphs, Sections, subsections subparagraphs or subdivisions of that Operative Documentthis Lease, unless specific reference is made to another document or instrument. References in any Operative Document herein to any Schedule or Exhibit shall refer to the corresponding Schedule or Exhibit attached to that Operative Documenthereto, which shall be made a part thereof hereof by such reference. All capitalized terms used in each Operative Document this Lease which refer to other documents shall be deemed to refer to such other documents as they may be renewed, extended, supplemented, amended or otherwise modified from time to time, provided such documents are not renewed, extended or modified in breach of any provision contained in the Operative Documents herein or therein or, in the case of any other document to which BNPLC Landlord or Tenant is a party or of which BNPLC Landlord is an intended beneficiary, without the consent of BNPLCLandlord. All accounting terms used but not specifically defined in any Operative Document herein shall be construed in accordance with GAAP. The words "this [Agreement]THIS LEASE", "hereinHEREIN", "hereofHEREOF", "herebyHEREBY", "hereunderHEREUNDER" and words of similar import when used in each Operative Document refer to that Operative Document this Lease as a whole and not to any particular subdivision unless expressly so limited. The phrases "this ParagraphTHIS PARAGRAPH", "this subparagraph", "this Section", "this subsection" and similar phrases used in any operative document refer only to the Paragraph, subparagraph, Section, subsection or other subdivision described in which the phrase occurs. As used in the Operative Documents the word "or" is not exclusive. As used in the Operative Documents, the words "include", "including" and similar terms shall be construed as if followed by "without limitation to".

Appears in 1 contract

Samples: Custodial Agreement (Cypress Semiconductor Corp /De/)

Other Terms and References. Words of any gender used in each Buildings 1&2 Operative Document shall be held and construed to include any other gender, and words in the singular number shall be held to include the plural and vice versa, unless the context otherwise requires. References in any Buildings 1&2 Operative Document to Paragraphs, subparagraphs, Sections, subsections or other subdivisions shall refer to the corresponding Paragraphs, subparagraphs, Sections, subsections or subdivisions of that Buildings 1&2 Operative Document, unless specific reference is made to another document or instrument. References in any Buildings 1&2 Operative Document to any Schedule or Exhibit shall refer to the corresponding Schedule or Exhibit attached to that Buildings 1&2 Operative Document, which shall be made a part thereof by such reference. All capitalized terms used in each Buildings 1&2 Operative Document which refer to other documents shall be deemed to refer to such other documents as they may be renewed, extended, supplemented, amended or otherwise modified from time to time, provided such documents are not renewed, extended or modified in breach of any provision contained in the Buildings 1&2 Operative Documents or, in the case of any other document to which BNPLC is a party or of which BNPLC is an intended beneficiary, without the consent of BNPLC. All accounting terms used but not specifically defined in any Buildings 1&2 Operative Document shall be construed in accordance with GAAP. The words "this [Agreement]", "herein", "hereof", "hereby", "hereunder" and words of similar import when used in each Buildings 1&2 Operative Document refer to that Buildings 1&2 Operative Document as a whole and not to any particular subdivision unless expressly so limited. The phrases "this Paragraph", "this subparagraph", "this Section", "this subsection" and similar phrases used in any operative document Buildings 1&2 Operative Document refer only to the Paragraph, subparagraph, Section, subsection or other subdivision described in which the phrase occurs. As used in the Operative Documents the word "or" is not exclusive. As used in the Buildings 1&2 Operative Documents, the words "include", "including" and similar terms shall be construed as if followed by "without limitation to".

Appears in 1 contract

Samples: Lease Agreement (Zhone Technologies Inc)

Other Terms and References. Words of any gender used in each Land Operative Document shall be held and construed to include any other gender, and words in the singular number shall be held to include the plural and vice versa, unless the context otherwise requires. References in any Land Operative Document to Paragraphs, subparagraphs, Sections, subsections or other subdivisions shall refer to the corresponding Paragraphs, subparagraphs, Sections, subsections or subdivisions of that Land Operative Document, unless specific reference is made to another document or instrument. References in any Land Operative Document to any Schedule or Exhibit shall refer to the corresponding Schedule or Exhibit attached to that Land Operative Document, which shall be made a part thereof by such reference. All capitalized terms used in each Land Operative Document which refer to other documents shall be deemed to refer to such other documents as they may be renewed, extended, supplemented, amended or otherwise modified from time to time, provided such documents are not renewed, extended or modified in breach of any provision contained in the Land Operative Documents or, in the case of any other document to which BNPLC is a party or of which BNPLC is an intended beneficiary, without the consent of BNPLC. All accounting terms used but not specifically defined in any Land Operative Document shall be construed in accordance with GAAP. The words "this [Agreement]", "herein", "hereof", "hereby", "hereunder" and words of similar import when used in each Land Operative Document refer to that Land Operative Document as a whole and not to any particular subdivision unless expressly so limited. The phrases "this Paragraph", "this subparagraph", "this Section", "this subsection" and similar phrases used in any operative document Land Operative Document refer only to the Paragraph, subparagraph, Section, subsection or other subdivision described in which the phrase occurs. As used in the Land Operative Documents the word "or" is not exclusive. As used in the Land Operative Documents, the words "include", "including" and similar terms shall be construed as if followed by "without limitation to".

Appears in 1 contract

Samples: Lease Agreement (Zhone Technologies Inc)

Other Terms and References. Words of any gender used in each Operative Document shall will be held and construed to include any other gender, and words in the singular number shall will be held to include the plural and vice versa, unless the context otherwise requires. Amended and Restated Common Definitions and Provisions Agreement (RTP Data Center) – Page 42 References in any Operative Document to Paragraphs, subparagraphs, Sections, subsections or other subdivisions shall refer to the corresponding Paragraphs, subparagraphs, Sections, subsections or subdivisions of that Operative Document, unless specific reference is made to another document or instrument. References in any Operative Document to any Schedule or Exhibit shall refer to the corresponding Schedule or Exhibit attached to that Operative Document, which shall be are made a part thereof by such reference. All capitalized terms used in each Operative Document which refer to other documents shall will be deemed to refer to such other documents as they may be renewed, extended, supplemented, amended or otherwise modified from time to time, provided such documents are not renewed, extended or modified in breach of any provision contained in the Operative Documents or, in the case of any other document to which BNPLC BNPPLC or NAI is a party or of which BNPLC is an intended beneficiary, without the consent of BNPLCits consent. All accounting terms used but not specifically defined in any Operative Document shall will be construed in accordance with GAAP. The words "this [Agreement]", "herein", "hereof", "hereby", "hereunder" and words of similar import when used in each Operative Document refer to that Operative Document as a whole and not to any particular subdivision unless expressly so limited. The phrases "this Paragraph", "this subparagraph", "this Section", "this subsection" and similar phrases used in any operative document Operative Document refer only to the Paragraph, subparagraph, Section, subsection or other subdivision described in which the phrase occurs. As used in the Operative Documents the word "or" is not exclusive. As used in the Operative Documents, and the words "include", "including" and similar terms shall will be construed as if followed by "without limitation to"”. The rule of ejusdem generis will not be applied to limit the generality of a term in any of the Operative Documents when followed by specific examples. When used to qualify any representation or warranty made by a Person, the phrases “to the knowledge of [such Person]” or “to the best knowledge of [such Person]” are intended to mean only that such Person does not have knowledge of facts or circumstances which make the representation or warranty false or misleading in some material respect; such phrases are not intended to suggest that the Person does indeed know the representation or warranty is true.

Appears in 1 contract

Samples: Common Definitions and Provisions Agreement (NetApp, Inc.)

Other Terms and References. Words of any gender used in each Operative Document shall be held and construed to include any other gender, and words in the singular number shall be held to include the plural and vice versa, unless the context otherwise requires. References in any Operative Document to Paragraphs, subparagraphs, Sections, subsections or other subdivisions shall refer to the corresponding Paragraphs, subparagraphs, Sections, subsections or subdivisions of that Operative Document, unless specific reference is made to another document or instrument. References in any Operative Document to any Schedule or Exhibit shall refer to the corresponding Schedule or Exhibit attached to that Operative Document, which shall be made a part thereof by such reference. All capitalized terms used in each Operative Document which refer to other documents shall be deemed to refer to such other documents as they may be renewed, extended, supplemented, amended or otherwise modified from time to time, provided such documents are not renewed, extended or modified in breach of any provision contained in the Operative Documents or, in the case of any other document to which BNPLC BNPPLC is a party or of which BNPLC BNPPLC is an intended beneficiary, without the consent of BNPLCBNPPLC. All accounting terms used but not specifically defined in any Operative Document shall be construed in accordance with GAAP. The words "this [Agreement]", "herein", "hereof", "hereby", "hereunder" and words of similar import when used in each Operative Document refer to that Operative Document as a whole and not to any particular subdivision unless expressly so limited. The phrases "this Paragraph", "this subparagraph", "this Section", "this subsection" and similar phrases used in any operative document refer only to the Paragraph, subparagraph, Section, subsection or other subdivision described in which the phrase occurs. As used in the Operative Documents the word "or" is not exclusive. As used in the Operative Documents, the words "include", "including" and similar terms shall be construed as if followed by "without limitation to".

Appears in 1 contract

Samples: Construction Management Agreement (Ross Stores Inc)

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