Rules for interpreting this Agreement. In this agreement, headings are for guidance only and do not affect the interpretation of the clauses. The following rules apply unless the context requires otherwise:
(a) words importing the singular include the plural and vice versa;
(b) words importing one gender include all other genders;
(c) reference to a person includes a body politic, a body corporate, a partnership, an unincorporated association and a natural person, and the person's executors, administrators, successors, transferees, substitutes (including persons taking by novation) and assigns;
(d) reference to a statute, ordinance, code or other law includes regulations, directions and other instruments under it and consolidations, amendments, re- enactments or replacements of any of them;
(e) reference to $, dollar or AUD is to Australian currency;
(f) any agreement, obligation, representation, right or warranty on the part of or in favour of two or more persons binds or is for the benefit of them severally and not jointly or jointly and severally;
(g) a term or definition incorporated by reference into this document remains in force even if the document from which it was referred may be no longer in force;
(h) reference to a clause is a reference to a clause of this agreement and includes all sub-clauses, paragraphs and parts of that clause;
(i) where a word or phrase has a particular meaning, other parts of speech and grammatical forms of that word have corresponding meanings;
(j) any reference to “insurance”, “insurance policy” or “insurer” in this agreement includes, mutual risk cover held with a mutual risk provider designed to cover similar insurable risks to insurance and the providers of that risk cover.
Rules for interpreting this Agreement. Headings are for convenience only, and do not affect interpretation. The following rules also apply in interpreting this Agreement, except where the context makes it clear that a rule is not intended to apply.
(a) A reference to:
(i) legislation (including subordinate legislation) is to that legislation as amended, re- enacted or replaced, and includes any subordinate legislation issued under it;
(ii) a document, terms and conditions, or a provision of a document or terms and conditions, is to that document, terms and conditions or provision as amended, supplemented, replaced or novated;
(iii) a Party to this Agreement or to any other document or terms and conditions includes a permitted substitute or a permitted assign of that Party;
(iv) a person includes any type of entity or body of persons, whether or not it is incorporated or has a separate legal identity, and any executor, administrator or successor in law of the person;
(v) anything (including a right, obligation or concept) includes each part of it;
(vi) ‘A$’, ‘$A’, ‘dollar’, ‘$’ or any charge making reference to a monetary amount is a reference to Australian currency; and
(vii) a clause, part, schedule or annexure is a reference to a clause, part, schedule or annexure of this Agreement unless otherwise stated.
(b) In addition:
(i) time is of the essence under this Agreement;
(ii) a singular word includes the plural, and vice versa;
(iii) a word which suggests one gender, includes the other genders;
(iv) if a word or phrase is defined, a matching word or phrase containing another part of speech has a corresponding meaning, whether or not the word or words in the matching phrase commence with a capital letter;
(v) if an example is given of anything (including a right, obligation or concept), such as by saying it includes something else, the example does not limit the scope of that thing;
(vi) the word agree includes an undertaking or other binding arrangement or understanding, and, unless otherwise qualified in this terms and conditions, whether or not in writing;
(vii) a reference to "include" or "including" means includes, without limitation or including without limitation, respectively;
(viii) a provision of this Agreement must not be construed to the disadvantage of a party merely because that party was responsible for the preparation of this Agreement; and
(ix) in the event of an inconsistency or conflict between the provisions of the main body of the Agreement and the relevant schedule, the p...
Rules for interpreting this Agreement. (a) The Parties agree that the following rules should be applied when interpreting the words of this Agreement, unless the express words of the Agreement indicate otherwise: (i) all references to one gender apply equally to both genders; (ii) definitions of nouns in the singular also apply to the plural, and vice versa; and (iii) any use of the term “including,” if followed by a list, will be interpreted to mean “including, without limitation.”
(b) References to “sections,” “paragraphs,” “clauses” and “provisions” or similar terms are references to portions of this document only, unless the reference expressly states otherwise.
(c) Whenever this Agreement makes reference to a certain number of days, it is referring to calendar days, unless it specifically references “business days,” in which case the counting of days will exclude Saturdays, Sundays, and all holidays when offices of U.S. banks are closed.
(d) The Parties intend that this Agreement should be interpreted in all instances as if they participated equally in the drafting of all its provisions, and that no provision in this Agreement should be interpreted in a manner unfavorable to a Party on the basis that it drafted the provision.
(e) Even if the law will not enforce a provision of this Agreement in a particular instance, the Parties intend to remain bound by the other, enforceable provisions. If the unenforceable provision could be interpreted in a manner that would render it enforceable, while still reflecting the Parties’ mutual intent, they intend for that interpretation to apply. If permitted by law, the Parties also intend for the provision that cannot be enforced in that instance to remain applicable in any other instances when it can be enforced.
(f) The Parties acknowledge that they may desire to modify this Agreement in the future, but that no modifications will be legally binding unless the modifications are in a writing executed by representatives of each of them.
(g) Even if a Party fails to enforce its rights under this Agreement in a particular instance, the other Party must still perform its duties in that instance unless the non-enforcing Party signs a writing that expressly waives its rights in that instance, and any such waiver only applies to the particular instance and particular rights expressly waived.
(h) The titles to each of the sections of this Agreement are intended only to facilitate convenient reference; the Parties agree that those titles are not part of the Agree...
Rules for interpreting this Agreement. In construing this Agreement, the following rules apply:
(a) The headings used in this Agreement are for ease of reference only and cannot be used to construe the Agreement.
(b) The singular includes the plural, and the plural includes the singular.
(c) Common nouns and pronouns will be deemed to refer to the masculine, feminine, neuter, singular, and plural.
Rules for interpreting this Agreement. In this agreement, unless the context otherwise requires:
a) A reference to:
(i) legislation (including subordinate legislation) is to that legislation as amended, re- enacted or replaced, and includes any subordinate legislation issued under it;
(ii) an agreement, or a provision of an agreement, is to that agreement or provision as amended, supplemented, replaced or novated;
(iii) a clause, paragraph or schedule is a reference to a clause or paragraph of or a schedule to this agreement;
(iv) this agreement includes the Schedule and any other schedules;
(v) a party to this agreement includes a permitted substitute or a permitted assign of that party;
(vi) a person includes any type of entity or body of persons, whether or not it is incorporated or has a separate legal identity, and any executor, administrator or successor in law of the person; and
(vii) anything (including a right, obligation or concept) includes each part of it.
b) Headings are for convenience only, and do not affect interpretation.
c) A singular word includes the plural, and vice versa.
d) If a word is defined, another part of speech has a corresponding meaning.
e) If the Hirer comprises more than one person, each person is jointly and severally liable for the performance of all of the Hirer's obligations under this agreement.
Rules for interpreting this Agreement. Headings are for convenience only, and do not affect interpretation. The following rules also apply in interpreting this Agreement, except where the context makes it clear that a rule is not intended to apply.
(a) A reference to:
(i) a legislative provision or legislation (including subordinate legislation) is to that provision or legislation as amended, re-enacted or replaced, and includes any subordinate legislation issued under it;
(ii) a document or agreement, or a provision of a document or agreement, is to that document, agreement or provision as amended, supplemented, replaced or novated;
(iii) a party to this Agreement or to any other document or agreement includes a permitted substitute or a permitted assign of that party;
(iv) a person includes any type of entity or body of persons, whether or not it is incorporated or has a separate legal identity, and any executor, administrator or successor in law of the person; and
(v) anything (including a right, obligation or concept) includes each part of it.
(b) A singular word includes the plural, and vice versa.
(c) If a word is defined, another part of speech has a corresponding meaning.
(d) If an example is given of anything (including a right, obligation or concept), such as by saying it includes something else, the example does not limit the scope of that thing.
(e) The word agreement includes an undertaking or other binding arrangement or understanding, whether or not in writing.
(f) The expression this Agreement includes the agreement, arrangement, understanding or transaction recorded in this Agreement.
(g) Words defined in the GST Act have the same meaning in clauses concerning GST.
(h) If a person is a member of a GST group, references to GST which the person must pay and to input tax credits to which the party is entitled include GST which the representative member of the GST group must pay and input tax credits to which the representative member is entitled.
(i) The words subsidiary, holding company and related body corporate have the same meanings as in the Corporations Act.
(j) A reference to dollars or $ is to an amount in Australian currency.
(k) A reference to US$ is to an amount in the currency of the United States of America.
Rules for interpreting this Agreement. Headings are for convenience only, and do not affect interpretation. The following rules also apply in interpreting this Agreement, except where the context makes it clear that a rule is not intended to apply.
(a) A reference to:
(1) legislation (including subordinate legislation) is to that legislation as amended, re enacted or replaced, and includes any subordinate legislation issued under it;
(2) a document or agreement, or a provision of a document or agreement, is to that document, agreement or provision as amended, supplemented, replaced or novated;
(3) a party to this Agreement or to any other document or agreement includes a permitted substitute or a permitted assign of that party;
(4) a person includes any type of entity or body of persons, whether or not it is incorporated or has a separate legal identity, and any executor, administrator or successor in law of the person; and
(5) anything (including a right, obligation or concept) includes each part of it.
(b) A singular word includes the plural, and vice versa.
(c) A word which suggests one gender includes the other genders.
(d) If a word is defined, another part of speech has a corresponding meaning.
(e) If an example is given of anything (including a right, obligation or concept), such as by saying it includes something else, the example does not limit the scope of that thing.
(f) The word agreement includes an undertaking or other binding arrangement or understanding, whether or not in writing.
Rules for interpreting this Agreement. (a) The Parties agree that the following rules should be applied when interpreting the words of this Agreement, unless the express words of the Agreement indicate otherwise: (i) all references to one gender apply equally to both genders; (ii) definitions of nouns in the singular also applyto the plural, and vice versa; and (iii) DQ\ XVH RI WKHf olWlowHeUd bPy a li³st,LwQillFbeOinXterGprLeteQd Jto me´an ³LIQFOwXitGhoLut QOJL PLWDWLRQ ´
(b) References to ³VHFWLRQV ´ ³SDUDJUDSKVs im´xxx r t³ermFsOarDe rXefVereHncVes´to poDrtiQonGs o f ³thiSs dUocRumYenLt VonLly,RunQleVss ´the rRefeUrence expressly states otherwise. Whenever this Agreement makes reference to a certain number of days,it is referring to calendar days, unless it specifically references ³EXVLGQDH\iVn wV hi´ch case the counting of days will exclude Saturdays, Sundays, and all holidays when offices of U.S. or U.K, where applicable, banks are closed.
Rules for interpreting this Agreement. In this Agreement, except to the extent otherwise specifically provided or that the context specifically otherwise requires:
(a) When a reference is made in this Agreement to an Article, Section, Exhibit or Schedule, such reference is to an Article or Section of, or an Exhibit or Schedule to, this Agreement unless otherwise indicated;
(b) The table of contents and headings for this Agreement are for reference purposes only and shall not affect in any way the meaning, construction or interpretation of this Agreement;
(c) Whenever the words “include”, “includes” or “including” are used in this Agreement, they are deemed to be followed by the words “without limitation”;
(d) The words “hereof”, “herein”, and “hereunder”, and words of similar import, when used in this Agreement, refer to this Agreement as a whole and not to any particular provision of this Agreement;
(e) All terms defined in this Agreement also have the defined meanings when used in the Ancillary Agreements, in any certificate or other document made or delivered pursuant hereto or thereto, unless otherwise defined therein;
(f) The definitions contained in this Agreement are applicable to the singular as well as the plural forms of such terms; Note: [*] indicates material that has been omitted and filed separately with the Securities and Exchange Commission pursuant to a request for confidential treatment.
(g) Any law defined or referred to herein or in any agreement or instrument that is referred to herein means such law or statute as from time to time may be amended, modified or supplemented, including by succession of comparable successor laws;
(h) References to a Person are also to its successors, affiliates and permitted assigns; and
(i) The use of “or” is not intended to be exclusive unless expressly indicated otherwise.
Rules for interpreting this Agreement. Headings are for convenience only, and do not affect interpretation. The following rules apply in interpreting this Agreement, except where the context makes it clear that a rule is not intended to apply.
(a) A reference to:
(i) any legislation (including subordinate legislation) is to that legislation as amended, re-enacted or replaced, and includes any subordinate legislation issued under it;
(ii) a policy, document or agreement, or a provision of a policy, document or agreement, is to that policy, document, agreement or provision as amended, supplemented, replaced or novated;
(iii) a Party to this Agreement or to any other document or agreement includes a permitted substitute or a permitted assign of that Party;
(iv) a person includes any type of entity or body of persons, whether or not it is incorporated or has a separate legal identity, and any executor, administrator or successor in law of the person; and
(v) anything (including a right, obligation, or concept) includes each part of it.
(b) A singular word includes the plural, and vice versa.
(c) A word which suggests one gender includes the other gender.
(d) If a word is defined, another part of speech has a corresponding meaning.
(e) If an example is given of anything (including a right, obligation or concept), such as by saying it includes something else, the example does not limit the scope of that thing.
(f) A reference to dollars or $ is to an amount in Australian currency.
