1Interpretation Sample Clauses

1Interpretation. (a) Capitalized terms listed in this PPA shall have the meanings set forth in Exhibit A-Definitions or as otherwise defined in this PPA, whether in the singular or the plural or in the present or past tense. Words not otherwise defined in this PPA shall, as applicable (i) have meanings as commonly used in the English language, (ii) be given their generally accepted meaning consistent with Prudent Industry Practices, and (iii) be given their well-known and generally accepted technical or trade meanings. (b) The following rules of interpretation shall apply: (1) The masculine shall include the feminine and neuter and vice versa; (2) references to “Articles,” “Sections,” or “Exhibits” shall be to articles, sections, or exhibits of this PPA except as the context may otherwise require; (3) all Exhibits are incorporated into this PPA; provided, however, that in the event of any conflict with the terms of this PPA, the PPA shall control; and (4) use of the words “include” or “including” or similar words shall be interpreted as “include without limitation” or “including, without limitation;” and (5) use of the words “herein,” “hereof,” “hereunder” and “hereby” shall be interpreted as a reference to this PPA as a whole and not to any particular Exhibit, Article or Section.

1Interpretation. The defined terms in the Contract shall be as set out in Schedule 1. Unless the context otherwise requires: The singular includes the plural and vice versa, and the masculine includes the feminine and vice versa. The words “include”, “includes”, “including” and “included” are to be construed as if they were immediately followed by the words “without limitation”, except where explicitly stated otherwise.

1Interpretation. Unless the context otherwise requires or specifically otherwise stated: (a) headings are to be ignored;

1Interpretation. 1In this Agreement: Adverse Event (includes Adverse Device Effects and Serious Adverse Events) has the meaning given in international standard ISO 14155, the Clinical Safety Data Management: Definitions and Standards for Expedited Reporting (ICH Harmonised Tripartite Guideline E2A), or its replacement, and the Study Clinical Investigation Plan. Affiliate means any company which (directly or indirectly) controls, is controlled by or is under common control with the Sponsor. Agreement means this Agreement, including all the Schedules. Anti-Corruption Laws includes the NZ Crimes ▇▇▇ ▇▇▇▇, the Secret Commissions ▇▇▇ ▇▇▇▇, the Anti-Money Laundering and Countering Financing of Terrorism ▇▇▇ ▇▇▇▇ or their replacements and other New Zealand Anti-Corruption Laws. Background Intellectual Property (Background IP) of a Party means information, techniques, Know-how, software and materials (regardless of the form or medium in which they are disclosed or stored) that are provided by or on behalf of that Party to the other for use in the Study (whether before or after the date of this Agreement) or used by that other Party in conducting the Study, and all Intellectual Property in them, but excludes the Study Materials.

1Interpretation. The parties agree that the provisions of Schedule 1 shall apply. 2TERM This Agreement shall commence on the Effective Date and shall continue, unless terminated in accordance with its terms, for a period of seven (7) years from the Services Commencement Date (the "Initial Term"). Provided that the Extension Conditions are achieved by the Service Provider, the term of this Agreement shall be extended by three (3) years and the terms and conditions set out in this Agreement shall continue to apply for the duration of such extension. 3MOBILISATION The parties shall comply with the mobilisation activities set out in Schedule 3. 4SERVICES The Service Provider shall provide the Services to and for the benefit of each member of the University Group on the same terms as set out in this Agreement and acknowledges that the Services may be received and used both by the University and the University Affiliates (each of which shall be entitled to make use of the Services) from time to time during the Term. Where the Services are to be used by a University Affiliate, an obligation in favour of the University is to be deemed to be an obligation in favour of the University and the relevant University Affiliates and the provisions of Clause 46 shall apply. Nothing in this Agreement shall be construed as committing the University to requesting any minimum level of Services and the University does not warrant or represent, and accepts no liability for any warranty or representation in relation to, any future level of requirement for the Services and, for the avoidance of doubt, the Service Provider shall not be the sole or exclusive provider of any services, including the provision of the Services, to the University Group and nothing in this Agreement shall prevent any member of the University Group from either itself performing any of the Services (or any Similar Services) or appointing a third party to do so. Notwithstanding the foregoing, provided always that the Service Provider is performing the Services in accordance with the terms of this Agreement, it is not the intention of the University to perform the Services, or have them performed by any third party, during the term of this Agreement (without prejudice, to its rights under this Agreement (including under Clauses 9 and 13)).

1Interpretation. 1In this Agreement:

1Interpretation. In this Note, except to the extent otherwise provided or that the context otherwise requires:

1Interpretation. Capitalized terms used herein without definition shall have the meaning ascribed thereto in the Securities Purchase Agreement (the “Securities Purchase Agreement”) dated [●], 2019 among the Holders, the Borrowers, the other Credit Parties party thereto and the Collateral Agent providing for, inter alia, the purchase of this Note by the Holder.

1Interpretation. 1Unless otherwise defined elsewhere in this Agreement, or unless the context otherwise requires, the following specialized terms shall have the meanings ascribed to them below:-