Common use of Use and Application of Terms Clause in Contracts

Use and Application of Terms. In using and applying the various terms, provisions and conditions in this Agreement, the following shall apply: (1) the terms “hereby”, “hereof”, “herein”, “hereunder”, and any similar words, refer to this Agreement; (2) words in the masculine gender mean and include correlative words of the feminine and neuter genders and words importing the singular numbered meaning include the plural number, and vice versa; (3) words importing persons include firms, companies, associations, general partnerships, limited partnerships, limited liability partnerships, limited liability limited partnerships, limited liability companies, trusts, business trusts, corporations and other legal organizations, including public and quasi-public bodies, as well as individuals; (4) the use of the terms “including” or “included in”, or the use of examples generally, are not intended to be limiting, but shall mean, without limitation, the examples provided and others that are not listed, whether similar or dissimilar; (5) the phrase “costs and expenses”, or variations thereof, shall include, without limitation, reasonable attorneys’ fees and fees of legal assistants, and reasonable fees of accountants, engineers, surveyors, appraisers and other professionals or experts – and all references to attorneys’ fees or fees of legal assistants, or fees of accountants, engineers, surveyors, appraisers or other professionals or experts shall mean reasonable fees; (6) any reference contained in this Agreement to specific statutes or laws shall include any successor statutes or laws, as the case may be; and (7) this Agreement shall not be applied, interpreted and construed more strictly against a person because that person or that person’s attorney drafted this Agreement.

Use and Application of Terms. In using and applying the various terms, provisions and conditions in this Security Agreement, the following shall apply: (1a) the terms “"hereby”", “"hereof”', “"herein”", “"hereunder”", and any similar words, refer to this Agreement; (2b) words in the masculine gender mean and include correlative words of the feminine and neuter genders and words importing the singular numbered meaning include the plural number, and vice versa; (3c) words importing persons include firms, companies, associations, general partnerships, limited partnerships, limited liability partnerships, limited liability limited partnershipscompanies, limited liability companieslimited partnership, trusts, business trusts, corporations and other legal organizations, including public and quasi-public bodies, as well as individuals; (4d) the use of the terms “"including” " or “"included in”", or the use of examples generally, are not intended to be limiting, but shall mean, without limitation, the examples provided and others that are not listed, whether similar or dissimilar; (5e) the phrase “"costs and expenses”", or variations thereof, shall include, without limitation, reasonable attorneys’ ' fees and fees of legal assistants, and reasonable fees of accountants, engineers, surveyors, appraisers and other professionals or experts – - and all references to attorneys’ ' fees or fees of legal assistants, or fees of accountants, engineers, surveyors, appraisers or other professionals or experts shall mean reasonable fees; (6f) any reference contained in this Agreement to specific statutes or laws shall include any successor statutes or laws, as the case context requires, the word "and" may behave a joint meaning or a several meaning and the word "or" may have an inclusive meaning or an exclusive meaning; (g) the Loan Documents shall be applied and (7) construed in harmony with each other, and this Security Agreement shall not be applied, interpreted and construed more strictly against a person because that person or that person’s 's attorney drafted this Security Agreement; (h) Beneficiary does not intend to and shall not reserve, charge or collect interest, fees or charges hereunder in excess of the maximum rates or amounts permitted by applicable law and if any interest, fees or charges are reserved, charged or collected in excess of the maximum rates or amounts, it shall be construed as a mutual mistake, appropriate adjustments shall be made by Beneficiary and to the extent paid, the excess shall be returned to the person making such a payment; and (i) if any party hereto is not an individual, when any action is required or permitted to be taken, it is intended that the same will be undertaken through duly authorized employees or representatives of such party, or a partner, member, manager, officer, executive or director, and any action taken by any of the foregoing persons shall be presumed authorized, absent a clear and convincing showing that the person relying on such action had actual knowledge that the person acting was exceeding his authority.

Use and Application of Terms. In using and applying the various terms, ---------------------------- provisions and conditions in this Agreement, the following shall apply: (1) the terms “"hereby”", “"hereof”", “"herein”", “"hereunder”", and any similar words, refer to this Agreement; (2) words in the masculine gender mean and include correlative words of the feminine and neuter genders and words importing the singular numbered meaning include the plural number, and vice versa; (3) words importing persons include firms, companies, associations, general partnerships, limited partnerships, limited liability partnerships, limited liability limited partnerships, limited liability companies, trusts, business trusts, corporations and other legal organizations, including public and quasi-public bodies, as well as individuals; (4) the use of the terms “"including” " or “"included in”", or the use of examples generally, are not intended to be limiting, but shall mean, without limitation, the examples provided and others that are not listed, whether similar or dissimilar; (5) the phrase “"costs and expenses”", or variations thereof, shall include, without limitation, reasonable attorneys’ ' fees and fees of legal assistants, and reasonable fees of accountants, engineers, surveyors, appraisers and other professionals or experts – - and all references to attorneys’ ' fees or fees of legal assistants, or fees of accountants, engineers, surveyors, appraisers or other professionals or experts shall mean reasonable fees; (6) any reference contained in this Agreement to specific statutes or laws shall include any successor statutes or laws, as the case may be; and (7) this Agreement shall not be applied, interpreted and construed more strictly against a person because that person or that person’s 's attorney drafted this Agreement.

Use and Application of Terms. In using and applying the various terms, provisions and conditions in this AgreementDeed of Trust, the following shall apply: (1) the terms “"hereby”", “"hereof”", “"herein”", “"hereunder”", and any similar words, refer to this AgreementDeed of Trust; (2) words in the masculine gender mean and include correlative words of the feminine and neuter genders and words importing the singular numbered meaning include the plural number, and vice versa; (3) words importing persons include firms, companies, associations, general partnerships, limited partnerships, limited liability partnerships, limited liability limited partnerships, limited liability companies, trusts, business trusts, corporations and other legal organizations, including public and quasi-public bodies, as well as individuals; (4) the use of the terms “"including” " or “"included in”", or the use of examples generally, are not intended to be limiting, but shall mean, without limitation, the examples provided and others that are not listed, whether similar or dissimilar; (5) the phrase “"costs and expenses”", or variations thereof, shall include, without limitation, reasonable attorneys’ ' fees and fees of legal assistants, and reasonable fees of accountants, engineers, surveyors, appraisers and other professionals or experts – - and all references to attorneys’ ' fees or fees of legal assistants, or fees of accountants, engineers, surveyors, appraisers or other professionals or experts shall mean reasonable fees; (6) any reference contained in this Agreement to specific statutes or laws shall include any successor statutes or laws, as the case context requires, the word "and" may behave a joint meaning or a several meaning and the word "or" may have an inclusive meaning or an exclusive meaning; and (7) this Agreement shall not be appliedthe term "subsidiary" means any registered organization or other organization (i) the majority (by number of votes) of the outstanding voting interests of which is at the time owned or controlled by Grantor, interpreted or by one or more subsidiaries of Grantor, or Grantor and construed more strictly against a person because that person one or that person’s attorney drafted this Agreement.more

Use and Application of Terms. In using and applying the various terms, provisions and conditions in this Agreement, the following shall apply: (1) the terms “"hereby”", “"hereof”", “"herein”", “"hereunder”", and any similar words, refer to this Agreement; (2) words in the masculine gender mean and include correlative words of the feminine and neuter genders and words importing the singular numbered meaning include the plural number, and vice versa; (3) words importing persons include firms, companies, associations, general partnerships, limited partnerships, limited liability partnerships, limited liability limited partnerships, limited liability companies, trusts, business trusts, corporations and other legal organizations, including public and quasi-public bodies, as well as individuals; (4) the use of the terms “"including” " or “"included in”", or the use of examples generally, are not intended to be limiting, but shall mean, without limitation, the examples provided and others that are not listed, whether similar or dissimilar; (5) the phrase “"costs and expenses”", or variations thereof, shall include, without limitation, reasonable attorneys’ ' fees and fees of legal assistants, and reasonable fees of accountants, engineers, surveyors, appraisers and other professionals or experts – - and all references to attorneys’ ' fees or fees of legal assistants, or fees of accountants, engineers, surveyors, appraisers or other professionals or experts shall mean reasonable fees; (6) as the context requires, the word "and" may have a joint meaning or a several meaning and the word "or" may have an inclusive meaning or an exclusive meaning; (7) any reference contained in this Agreement to specific statutes or laws shall include any successor statutes or laws, as the case may be; and (7) 8) this Agreement shall not be applied, interpreted and construed more strictly against a person because that person or that person’s 's attorney drafted this Agreement.

Use and Application of Terms. In To the end of achieving the full realization by Lender of its rights and remedies under this Deed of Trust, including payment in full of the Obligations, in using and applying the various terms, provisions and conditions in this AgreementDeed of Trust, the following shall apply: (1) the 1)the terms “"hereby”", “"hereof”", “"herein”", “"hereunder”'', and any similar words, refer to this AgreementDeed of Trust; (2) words in the masculine gender mean and include correlative words of the feminine and neuter genders and words importing the singular numbered meaning include the plural number, and vice versa; (3) words 3)words importing persons include firms, companies, associations, general partnerships, limited partnerships, limited liability partnerships, limited liability limited partnerships, limited liability companies, trusts, business trusts, corporations and other legal organizations, including public and quasi-public quasi­public bodies, as well as individuals; (4) the use of the terms “"including” '' or “"included in”", or the use of examples generally, are not intended to be limiting, but shall mean, without limitation, the examples provided and others that are not listed, whether similar or dissimilar; (5) the phrase “"costs and expenses”", or variations thereof, shall include, without limitation, reasonable attorneys’ ' fees and fees of legal assistants, and reasonable fees of accountants, engineers, surveyors, appraisers and other professionals or experts – and all references to attorneys’ fees or fees of legal assistants, or fees of accountants, engineers, surveyors, appraisers or other professionals or experts shall mean reasonable fees; (6) any reference contained in this Agreement to specific statutes or laws shall include any successor statutes or laws, as the case may be; and (7) this Agreement shall not be applied, interpreted and construed more strictly against a person because that person or that person’s attorney drafted this Agreement.and