References to certain general Clause Samples
The 'References to certain general' clause serves to clarify how references to general terms or provisions within a contract should be interpreted. Typically, this clause specifies that when the contract mentions general laws, regulations, or standard terms, such references are intended to include any amendments, updates, or successor provisions unless otherwise stated. This ensures that the contract remains current and applicable even if the referenced general terms change over time, thereby preventing ambiguity and maintaining the contract's relevance and enforceability.
References to certain general terms
(a) (variations or replacement) a document (including this agreement) includes any variation or replacement of it;
(b) (clauses, annexures and schedules) a clause, annexure or schedule (whether or not the reference has an initial capital letter) is a reference to a clause in or annexure or schedule to this agreement;
(c) (reference to statutes) except in the definitions of Related Entity and Subsidiary a statute, ordinance, code or other law includes regulations and other instruments under it and consolidations, amendments, re-enactments or replacements of any of them;
(d) (law) law means common law, principles of equity, and laws made by parliament (and laws made by parliament include State, Territory and Commonwealth laws and regulations and other instruments under them, and consolidations, amendments, re- enactments or replacements of any of them);
(e) (singular includes plural) the singular includes the plural and vice versa;
(f) (person) the word "person" includes an individual, a firm, a body corporate, a partnership, joint venture, an unincorporated body or association, or any Government Agency;
(g) (executors, administrators, successors) a particular person includes a reference to the person's executors, administrators, successors, permitted substitutes (including persons taking by novation) and permitted assignees;
(h) (two or more persons) an agreement, representation or warranty in favour of two or more persons is for the benefit of them jointly and each of them individually;
(i) (jointly and severally) an agreement, representation or warranty by two or more persons binds them jointly and each of them individually;
(j) (reference to a group of persons) a group of persons or things is a reference to any two or more of them jointly and to each of them individually;
(k) (dollars) Australian dollars, dollars, AS or $ is a reference to the lawful currency of Australia;
(l) (calculation of dollar amounts) in calculating any amount referred to in this agreement as an amount in Australian dollars an amount held in a currency other than Australian dollars is to be converted to Australian dollars at the Spot Rate prevailing on the date of such calculation;
(m) (calculation of time) if a period of time dates from a given day or the day of an act or event, it is to be calculated exclusive of that day;
(n) (reference to a day) a day is to be interpreted as the period of time commencing at midnight and ending 24 hours later;
(o) (accounting terms) an ac...
References to certain general terms
(a) (variations or replacements) a document (including this agreement) includes any variation or replacement of it;
(b) (clauses, annexures and schedules) a clause, annexure or schedule is a reference to a clause in or annexure or schedule to this agreement;
(c) (reference to statutes) a statute, ordinance, code or other law includes regulations and other instruments under it and consolidations, amendments, re-enactments or replacements of any of them;
(d) (singular includes plural) the singular includes the plural and vice versa;
(e) (person) the word “person” includes an individual, a firm, a body corporate, a partnership, joint venture, an unincorporated body or association, or any Government Agency;
(f) (executors, administrators, successors) a particular person includes a reference to the person’s executors, administrators, successors, substitutes (including persons taking by novation) and assigns;
(g) (two or more persons) an agreement or warranty in favour of two or more persons is for the benefit of them jointly and each of them individually;
(h) (jointly and individually) an agreement or warranty on the part of two or more persons binds them jointly and each of them individually;
(i) (dollars) Australian dollars, dollars, A$ or $ is a reference to the lawful currency of Australia and US dollars, US$ and USD is a reference to the lawful currency of the United States of America;
(j) (calculation of time) a period of time dating from a given day or the day of an act or event, is to be calculated exclusive of that day;
(k) (reference to a day) a day is to be interpreted as the period of time commencing at midnight and ending 24 hours later;
(l) (accounting terms) an accounting term is a reference to that term as it is used in accounting standards or, if not inconsistent with those standards, in accounting principles and practices generally accepted in Australia;
(m) (reference to a group of persons) a group of persons or things is a reference to any two or more of them jointly and to each of them individually; and
References to certain general terms
(a) (variations or replacement) a document (including this agreement) includes any variation or replacement of it;
(b) (clauses, annexures and schedules) a clause, annexure or schedule is a reference to a clause in or annexure or schedule to this agreement;
(c) (reference to statutes) a statute, ordinance, code or other law includes regulations and other instruments under it and consolidations, amendments, re-enactments or replacements of any of them;
(d) (law) law means common law, principles of equity, and laws made by parliament (and laws made by parliament include State, Territory and Commonwealth laws and regulations and other instruments under them, and consolidations, amendments, re-enactments or replacements of any of them);
(e) (singular includes plural) the singular includes the plural and vice versa;
(f) (person) the word “person” includes an individual, a firm, a body corporate, a partnership, a joint venture, an unincorporated body or association, any Regulatory Authority, or any other body, entity or representative whatsoever;
(g) (executors, administrators, successors) a particular person includes a reference to the person’s executors, administrators, successors, substitutes (including persons taking by novation) and assigns;
(h) (two or more persons) an agreement, representation or warranty in favour of two or more persons is for the benefit of them jointly and each of them individually;
(i) (jointly and severally) an agreement, representation or warranty by two or more persons (and in particular, Brookfield) binds them jointly and each of them individually;
(j) (reference to a group of persons) a group of persons or things is a reference to any two or more of them jointly and to each of them individually;
(k) (dollars) Australian dollars, dollars, A$ or $ is a reference to the lawful currency of Australia. US Dollars and US$ is a reference to the lawful currency of the United States of America;
(l) (pounds) Pounds or £ is a reference to the lawful currency of England;
(m) (Calculation of time) a period of time dating from a given day or the day of an act or event, is to be calculated exclusive of that day;
(n) (reference to a day) a day is to be interpreted as the period of time commencing at midnight and ending 24 hours later;
(o) (accounting terms) an accounting term is a reference to that term as it is used in accounting standards under the Corporations Act, or, if not inconsistent with those standards, in accounting principles an...