Specific references. In this Agreement, unless expressed to the contrary, a reference to: a gender includes all other genders; any legislation (including subordinate legislation) is to that legislation as amended, re-enacted or replaced and includes any subordinate legislation issued under it; any document (such as a deed, agreement or other document) is to that document (or, if required by the context, to a part of it) as amended, novated, substituted or supplemented at any time; writing includes writing in digital form; 'this Agreement' is to this Agreement as amended from time to time; ‘$’, ‘dollars’, ‘USD$’ or ‘USD’ is a reference to United States Dollars; a time or date is a reference to a time or date in AEST; a clause, schedule or attachment is a reference to a clause, schedule or attachment in or to this Agreement; any property or assets of a person includes the legal and beneficial interest of that person of those assets or property, whether as owner, lessee or lessor, licensee or licensor, trustee or beneficiary or otherwise; a person includes a firm, partnership, joint venture, association, corporation or other body corporate; a person includes the legal personal representatives, successors and permitted assigns of that person, and in the case of a trustee, includes any substituted or additional trustee; and any body (Original Body) which no longer exists or has been reconstituted, renamed, replaced or whose powers or functions have been removed or transferred to another body or agency, is a reference to the body which most closely serves the purposes or objects of the Original Body.
Specific references. In this Agreement, unless expressed to the contrary, a reference to: 27.
2.1 a gender includes all other genders;
Specific references. In this document, unless expressed to the contrary, a reference to:
17.2.1 a gender includes all other genders;
17.2.2 any legislation (including subordinate legislation) is to that legislation as amended, re-enacted or replaced and includes any subordinate legislation issued under it; 17.2.3 any document (such as a deed, agreement or other document) is to that document (or, if required by the context, to a part of it) as amended, novated, substituted or supplemented at any time;
Specific references. In this Hire Agreement, a reference to:
14.2.1 a gender includes all other genders;
14.2.2 any legislation (including subordinate legislation) is to that legislation as amended, re-enacted or replaced and includes any subordinate legislation issued under it;
14.2.3 any document (such as a deed, agreement or other document) is to that document (or, if required by the context, to a part of it) as amended, novated, substituted or supplemented at any time;
14.2.4 writing includes writing in digital form; and
14.2.5 ‘A$’, ‘$’, ‘AUD’ or ‘dollars’ is a reference to Australian dollars.
Specific references. In this Agreement, unless expressed to the contrary, a reference to:
10.7.1 a section is a reference to a section of the Act;
10.7.2 any legislation (including subordinate legislation) is to that legislation as amended, re-enacted or replaced and includes any subordinate legislation issued under it;
10.7.3 any document (such as a deed, agreement or other document) is to that document (or, if required by the context, to a part of it) as amended, novated, substituted or supplemented at any time;
10.7.4 writing includes writing in digital form;
10.7.5 ‘this Agreement’ is to this Agreement as amended from time to time;
10.7.6 A$', '$', 'AUD', 'dollars' or 'cents' is a reference to Australian units of currency;
10.7.7 a clause, schedule, table or attachment is a reference to a clause, schedule, table or attachment in or to this Agreement;
10.7.8 to a ‘person’ includes an individual, a firm, a body corporate, a partnership, a joint venture, an unincorporated body or association, or any Government Agency; and
10.7.9 any body (Original Body) which no longer exists or has been reconstituted, renamed, replaced or whose powers or functions have been removed or transferred to another body or agency, is a reference to the body which most closely serves the purposes or objects of the Original Body.
Specific references. In this Deed, unless expressed to the contrary, a reference to:
(a) a gender includes all other genders;
(b) any legislation (including subordinate legislation) is to that legislation as amended, re-enacted or replaced and includes any subordinate legislation issued under it;
(c) any document (such as a deed, agreement or other document) is to that document (or, if required by the context, to a part of it) as amended, novated, substituted or supplemented at any time;
(d) writing includes writing in digital form;
(e) this Deed' is to this Deed as amended from time to time;
(f) A$', '$', 'AUD" or 'dollars' is a reference to Australian dollars;
Specific references. In this Agreement, unless expressed to the contrary, a reference to:
26.2.1 a gender includes all other genders;
26.2.2 any legislation (including subordinate legislation) is to that legislation as amended, re-enacted or replaced and includes any subordinate legislation issued under it;
26.2.3 any document (such as a deed, agreement or other document) is to that document (or, if required by the context, to a part of it) as amended, novated, substituted or supplemented at any time;
26.2.4 writing includes writing in digital form;
26.2.5 this Agreement' is to this Agreement as amended from time to time;
26.2.6 a time or date is a reference to a time or date in AEST;
26.2.7 US$', '$', 'USD' or 'dollars' is a reference to United States dollars;
26.2.8 a clause, schedule or attachment is a reference to a clause, schedule or attachment in or to this Agreement;
26.2.9 any property or assets of a person includes the legal and beneficial interest of that person of those assets or property, whether as owner, lessee or lessor, licensee or licensor, trustee or beneficiary or otherwise;
26.2.10 a person includes a firm, partnership, joint venture, association, corporation or other body corporate;
26.2.11 a person includes the legal personal representatives, successors and permitted assigns of that person, and in the case of a trustee, includes any substituted or additional trustee; and
26.2.12 any body (Original Body) which no longer exists or has been reconstituted, renamed, replaced or whose powers or functions have been removed or transferred to another body or agency, is a reference to the body which most closely serves the purposes or objects of the Original Body.
Specific references. In light of the number of Parties and each of their transmission systems that might be affected by the interconnection requests, the Parties concluded it would be preferable to adopt the approach accepted by the Commission for the three-party CAISO LGIA using more specific references than in the APS LGIA in order for the intent of the Agreement to be clear. For example: • Conforming to the CAISO LGIA, the term “Transmission Provider” was not used in the Agreement. Instead, the Agreement refers as appropriate to the “Transmission Owners” or names the specific Parties that are intended to have a particular right or responsibility that the APS LGIA more generically ascribes to a “Transmission Provider.”28 Where the “Transmission Provider” role was changed in the CAISO LGIA to include only the transmission owner, the same change was made in this Agreement. Where the CAISO is assigned responsibility in the CAISO LGIA, a determination was made whether the CAISO should have similar responsibilities in this Agreement or whether APS would be the appropriate entity to assume the responsibilities as the operating agent for the transmission owners. It was also necessary to refer to the specific transmission owners or Parties, rather than simply to use the generic term “Transmission Provider” because, as defined by FERC in the Order No. 2003 pro forma LGIA, as well as in the APS LGIA, the term “Transmission Provider” means the “public utility that … provides transmission service under the Tariff.” Here, IID is not a public utility subject to FERC jurisdiction under Sections 205 and 206 of the FPA. Moreover, there are multiple Parties with multiple tariffs under which each provides its respective services. • With respect to the term “Transmission System,” while the term is used when appropriate, in many cases it has been replaced with references to discrete parts of the transmission system, such as the “Joint Participation Project” or “JPP” for the jointly owned line, SDG&E’s non-JPP transmission system, and IID’s non-JPP transmission system. The CAISO LGIA also uses terms other than “Transmission System” to refer to elements of the transmission system described in the CAISO LGIA. However, many of the references in the Agreement are variances from both the APS LGIA and the CAISO LGIA that are necessary to address the special circumstances of the multi- Party ownership of some affected facilities and potentially individual Party ownership of others. 28 The Filing Parties...
Specific references. In this Agreement, unless expressed to the contrary, a reference to:
(a) a gender includes all other genders;
(b) any legislation (including subordinate legislation) is to that legislation as amended, re-enacted or replaced and includes any subordinate legislation issued under it;
(c) any document (such as a deed, agreement or other document) is to that document (or, if required by the context, to a part of it) as amended, novated, substituted or supplemented at any time;
(d) writing includes writing in digital form;
(e) ‘this Agreement’ is to this Agreement as amended from time to time;
(f) ‘A$’, ‘$’, ‘AUD’ or ‘dollars’ is a reference to Australian dollars;
(g) a clause, schedule or attachment is a reference to a clause, schedule or attachment in or to this Agreement;
(h) any property or assets of a person includes the legal and beneficial interest of that person of those assets or property, whether as owner, lessee or lessor, licensee or licensor, trustee or beneficiary or otherwise;
Specific references. In this Membership Agreement, a reference to:
16.2.1 a gender includes all other genders;
16.2.2 any legislation (including subordinate legislation) is to that legislation as amended, re-enacted or replaced and includes any subordinate legislation issued under it;
