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Common use of Proper Construction Clause in Contracts

Proper Construction. (a) The language of all parts of this Agreement shall in all cases be construed as a whole according to its fair meaning, and not strictly for or against any of the parties. (b) As used in this Agreement, the term “or” shall be deemed to include the term “and/or” and the singular or plural number shall be deemed to include the other whenever the context so indicates or requires. (c) The paragraph headings used in this Agreement are intended solely for convenience of reference and shall not in any manner amplify, limit, modify or otherwise be used in the interpretation of any of the provisions hereof.

Appears in 9 contracts

Samples: Separation Agreement (Staar Surgical Co), Separation Agreement (Gemstar Tv Guide International Inc), Employment Agreement (Gemstar Tv Guide International Inc)

Proper Construction. (a) The language of all parts of this Agreement shall in all cases be construed as a whole according to its fair meaning, and not strictly for or against any of the parties.; (b) As used in this Agreement, the term "or" shall be deemed to include the term "and/or" and the singular or plural number shall be deemed to include the other whenever the context so indicates or requires.; (c) The paragraph headings used in this Agreement are intended solely for convenience of reference and shall not in any manner amplify, limit, modify or otherwise be used in the interpretation of any of the provisions hereof.

Appears in 8 contracts

Samples: Settlement Agreement (Software Publishing Corp Holdings Inc), Severance Agreement (Eacceleration Corp), Settlement Agreement (Software Publishing Corp Holdings Inc)

Proper Construction. (a) 12.1 The language of all parts of this Agreement shall in all cases be construed as a whole according to its fair meaning, and not strictly for or against any of the parties. (b) 12.2 As used in this Agreement, the term “or” shall be deemed to include the term “and/or” and the singular or plural number shall be deemed to include the other whenever the context so indicates or requires. (c) 12.3 The paragraph headings used in this Agreement are intended solely for convenience of reference and shall not in any manner amplify, limit, modify or otherwise be used in the interpretation of any of the provisions hereof.

Appears in 4 contracts

Samples: Service Agreement (Flotek Industries Inc/Cn/), Service Agreement (Flotek Industries Inc/Cn/), Service Agreement (Flotek Industries Inc/Cn/)

Proper Construction. (a) The language of in all parts of this Agreement shall in all cases be construed as a whole whole, according to its fair meaning, and not strictly for or against any either of the parties. (b) . As used utilized in this Agreement, the term “or” shall be deemed to include the term “and/or” and the singular or plural number shall be deemed to include the other other, whenever the context so indicates or requires. (c) . The paragraph section and subsection headings used in this Agreement are intended solely for convenience of reference and shall not in any manner amplify, limit, modify modify, or otherwise be used in the interpretation of any of the provisions hereof.

Appears in 4 contracts

Samples: Separation and Release Agreement (Wheels Up Experience Inc.), Separation and Release Agreement (Wheels Up Experience Inc.), Separation and Release Agreement (Wheels Up Experience Inc.)

Proper Construction. (a) 14.1 The language of all parts of this Agreement shall in all cases be construed as a whole according to its fair meaning, and not strictly for or against any of the parties. (b) 14.2 As used in this Agreement, the term "or" shall be deemed to include the term "and/or" and the singular or plural number shall be deemed to include the other whenever the context so indicates or requires. (c) 14.3 The paragraph headings used in this Agreement are intended solely for convenience of reference and shall not in any manner amplify, limit, modify or otherwise be used in the interpretation of any of the provisions hereof.

Appears in 4 contracts

Samples: Employment Agreement (Accelerated Networks Inc), Employment Agreement (3 D Systems Corp), Employment Agreement (3 D Systems Corp)

Proper Construction. (a) 11.1. The language of all parts of this Agreement shall in all cases be construed as a whole according to its fair meaning, and not strictly for or against any of the parties. (b) 11.2. As used in this Agreement, the term “or” shall be deemed to include the term “and/or” and the singular or plural number shall be deemed to include the other whenever the context so indicates or requires. (c) 11.3. The paragraph headings used in this Agreement are intended solely for convenience of reference and shall not in any manner amplify, limit, modify or otherwise be used in the interpretation of any of the provisions hereof.

Appears in 3 contracts

Samples: Service Agreement, Service Agreement (Flotek Industries Inc/Cn/), Service Agreement (Flotek Industries Inc/Cn/)

Proper Construction. (a) 19.1 The language of all parts of this Agreement shall in all cases be construed as a whole according to its fair meaning, and not strictly for or against any of the parties. (b) 19.2 As used in this Agreement, the term “or” shall be deemed to include the term “and/or” and the singular or plural number shall be deemed to include the other whenever the context so indicates or requires. (c) 19.3 The paragraph headings used in this Agreement are intended solely for convenience of reference and shall not in any manner amplify, limit, modify or otherwise be used in the interpretation of any of the provisions hereof.

Appears in 2 contracts

Samples: Separation Agreement (Houston Exploration Co), Separation Agreement (Electronic Clearing House Inc)

Proper Construction. (a) The language of all parts of this Agreement shall in all cases be construed as a whole according to its fair meaning, and not strictly for or against any of the parties. (b) Parties. As used in this Agreement, the term “or” shall be deemed to include the term “and/or” and the singular or plural number shall be deemed to include the other whenever the context so indicates or requires. (c) . The paragraph headings used in this Agreement are intended solely for convenience of reference and shall not in any manner amplify, limit, modify or otherwise be used in the interpretation of any of the provisions hereof.

Appears in 2 contracts

Samples: Settlement Agreement (Winsonic Digital Media Group LTD), Settlement Agreement (Winsonic Digital Media Group LTD)

Proper Construction. (a) a. The language of all parts of this Agreement shall in all cases be construed as a whole according to its fair meaning, and not strictly for or against any of the parties. (b) b. As used in this Agreement, the term “or” shall be deemed to include the term “and/or,” and the singular or plural number shall be deemed to include the other whenever the context so indicates or requires. (c) c. The paragraph headings used in this Agreement are intended solely for convenience of reference and shall not in any manner amplify, limit, modify or otherwise be used in the interpretation of any of the provisions hereof.

Appears in 2 contracts

Samples: Severance Agreement (Autobytel Inc), Severance Agreement (Autobytel Inc)

Proper Construction. (a) 20.1 The language of all parts of this Agreement shall in all cases be construed as a whole according to its fair meaning, and not strictly for or against any of the parties. (b) 20.2 As used in this Agreement, the term “or” shall be deemed to include the term “and/or” and the singular or plural number shall be deemed to include the other whenever the context so indicates or requires. (c) 20.3 The paragraph headings used in this Agreement are intended solely for convenience of reference and shall not in any manner amplify, limit, modify or otherwise be used in the interpretation of any of the provisions hereof.

Appears in 1 contract

Samples: Separation Agreement (Affirmative Insurance Holdings Inc)

Proper Construction. (a) The language of all parts of this Agreement shall in all cases be construed as a whole according to its fair meaning, and not strictly for or against any of the parties.Parties; (b) As used in this Agreement, the term "or" shall be deemed to include the term "and/or" and the singular or plural number shall be deemed to include the other whenever the context so indicates or requires.; and (c) The paragraph headings used in this Agreement are intended solely for convenience of reference and shall not in any manner amplify, limit, modify or otherwise be used in the interpretation of any of the provisions hereof.

Appears in 1 contract

Samples: Settlement Agreement (Vizacom Inc)

Proper Construction. (a) The language of all parts of this Agreement shall in all cases be construed as a whole according to its fair meaning, and not strictly for or against any of the parties. (b) As used in this Agreement, the term "or" shall be deemed to include the term "and/or," and the singular or plural number shall be deemed to include the other whenever the context so indicates or requires. (c) The paragraph headings used in this Agreement are intended solely for convenience of reference and shall not in any manner amplify, limit, modify or otherwise be used in the interpretation of any of the provisions hereof.

Appears in 1 contract

Samples: Separation Agreement (Advanced Photonix Inc)

Proper Construction. (a) The language of all parts of this Agreement shall in all cases be construed as a whole according to its fair meaning, and not strictly for or against any of the parties. (b) As used in this Agreement, the term "or" shall be deemed to include the term "and/or" and the singular or plural number shall be deemed to include the other whenever the context so indicates or requires. (c) The paragraph section headings used in this Agreement are intended solely for convenience of reference and shall not in any manner amplify, limit, modify or otherwise be used in the interpretation of any of the provisions hereof.

Appears in 1 contract

Samples: Repurchase Agreement (Bentley International Inc)

Proper Construction. (a) 14.1. The language of all parts of this Agreement shall in all cases be construed as a whole according to its fair meaning, and not strictly for or against any of the parties. (b) 14.2. As used in this Agreement, the term "or" shall be deemed to include the term "and/or" and the singular or plural number shall be deemed to include the other whenever the context so indicates or requires. (c) 14.3. The paragraph headings used in this Agreement are intended solely for convenience of reference and shall not in any manner amplify, limit, modify or otherwise be used in the interpretation of any of the provisions hereof.

Appears in 1 contract

Samples: Consultant Agreement (Luminex Corp)

Proper Construction. (a) 13.1 The language of all parts of this Agreement shall in all cases be construed as a whole according to its fair meaning, and not strictly for or against any of the parties. (b) 13.2 As used in this Agreement, the term "or" shall be deemed to include the term “and/or” and the singular or plural number shall be deemed to include the other whenever the context so indicates or requires. (c) 13.3 The paragraph headings used in this Agreement are intended solely for convenience of reference and shall not in any manner amplify, limit, modify or otherwise be used in the interpretation of any of the provisions hereof.

Appears in 1 contract

Samples: Separation Agreement (Keith Companies Inc)

Proper Construction. (a) The language of in all parts of this Agreement shall in all cases be construed as a whole whole, according to its fair meaning, and not strictly for or against any either of the parties. (b) . As used utilized in this Agreement, the term “or” shall be deemed to include the term “and/or” and the singular or plural number shall be deemed to include the other other, whenever the context so indicates or requires. (c) . The paragraph headings used in this Agreement are intended solely for convenience of reference and shall not in any manner amplify, limit, modify modify, or otherwise be used in the interpretation of any of the provisions hereof.

Appears in 1 contract

Samples: General Release Agreement (Internap Network Services Corp)

Proper Construction. (a) 17.1 The language of all parts of this Agreement shall in all cases be construed as a whole according to its fair meaning, and not strictly for or against any of the parties. (b) 17.2 As used in this Agreement, the term "or" shall be deemed to include the term "and/or" and the singular or plural number shall be deemed to include the other whenever the context so indicates or requires. (c) 17.3 The paragraph headings used in this Agreement are intended solely for convenience of reference and shall not in any manner amplify, limit, modify or otherwise be used in the interpretation of any of the provisions hereof.

Appears in 1 contract

Samples: Consulting Agreement (Sealife Corp)

Proper Construction. (a) 13.1 The language of all parts of this Agreement shall in all cases be construed as a whole according to its fair meaning, and not strictly for or against any of the parties. (b) 13.2 As used in this Agreement, the term "or" shall be deemed to include the term "and/or" and the singular or plural number shall be deemed to include the other whenever the context so indicates or requires. (c) 13.3 The paragraph headings used in this Agreement are intended solely for convenience of reference and shall not in any manner amplify, limit, modify or otherwise be used in the interpretation of any of the provisions hereof.

Appears in 1 contract

Samples: Consultant Agreement (Luminex Corp)

Proper Construction. (a) 21.1 The language of all parts of this Agreement shall in all cases be construed as a whole according to its fair meaning, and not strictly for or against any of the parties. (b) 21.2 As used in this Agreement, the term “or” shall be deemed to include the term “and/or” and the singular or plural number shall be deemed to include the other whenever the context so indicates or requires. (c) 21.3 The paragraph headings used in this Agreement are intended solely for convenience of reference and shall not in any manner amplify, limit, modify or otherwise be used in the interpretation of any of the provisions hereof.

Appears in 1 contract

Samples: Separation Agreement (Affirmative Insurance Holdings Inc)