Common use of 2Construction Clause in Contracts

2Construction. Unless otherwise indicated, (i) defined terms include the plural as well as the singular; (ii) any agreement defined or referred to herein includes each amendment, modification and supplement thereto and waiver, approval and consent in respect thereof as may become effective from time to time and includes references to all Appendices, Exhibits, Schedules and other attachments thereto and instruments, agreements or other documents incorporated therein; (iii) any term defined by reference to any instrument, agreement or other document including but not limited to the [RFP], has such meaning set forth in such document as of the date hereof and unless expressly amended, such meaning shall remain in effect whether or not such document is subsequently amended, modified or terminated; (iv) a reference to any law or Legal Requirement includes any amendment, modification or successor thereto; (v) a reference to any Person includes its permitted successors and assigns; (vi) all references to Appendices, Articles, Sections, Schedules and Exhibits shall mean and refer to the respective Appendices, Articles, Sections, Schedules and Exhibits in or attached to this Agreement or any document in which such reference appears; (vii) the words “include,” “includes” and “including” are not limiting and shall be deemed to be followed by the words “without limitation” whether or not in fact followed by such words or words of like import; and (viii) the terms “hereof,” “herein,” “hereunder” and comparable terms refer to this entire Agreement with respect to which such terms are used and not to any particular Article, Section or subdivision hereof; and (ix) the word “day” means a “Day” as defined herein and includes each calendar day including Saturdays, Sundays and holidays. article 2: TERM OF AGREEMENT Term

2Construction. Unless the context of this Agreement otherwise indicatedclearly requires, (i) defined terms include the plural as well as the singular; (ii) any agreement defined or referred to herein includes each amendment, modification and supplement thereto and waiver, approval and consent in respect thereof as may become effective from time to time and includes references to all Appendices, Exhibits, Schedules and other attachments thereto and instruments, agreements or other documents incorporated therein; (iii) any term defined by reference to any instrument, agreement or other document including but not limited to the [RFP], has such meaning set forth in such document as following rules of the date hereof and unless expressly amended, such meaning construction shall remain in effect whether or not such document is subsequently amended, modified or terminated; (iv) a reference to any law or Legal Requirement includes any amendment, modification or successor thereto; (v) a reference to any Person includes its permitted successors and assigns; (vi) all references to Appendices, Articles, Sections, Schedules and Exhibits shall mean and refer to the respective Appendices, Articles, Sections, Schedules and Exhibits in or attached apply to this Agreement or any document in which such reference appearsand each of the other Loan Documents: (a) references to the plural include the singular, the plural, the part and the whole; (viib) the words “include,” “includes” and “including” are not limiting and shall be deemed to be followed by the words phrase “without limitation” whether or not in fact followed by such words or words of like import”; and (viiic) the terms words “hereof,” “herein,” “hereunder,” “hereto” and comparable similar terms in this Agreement or any other Loan Document refer to this entire Agreement with respect or such other Loan Document as a whole; (d) article, section, subsection, clause, schedule and exhibit references are to which such terms are used and not this Agreement or other Loan Document, as the case may be, unless otherwise specified; (e) reference to any particular ArticlePerson includes such Person’s successors and assigns; (f) reference to any agreement, Section including this Agreement and any other Loan Document together with the schedules and exhibits hereto or subdivision hereofthereto, document or instrument means such agreement, document or instrument as amended, modified, supplemented, replaced, substituted for, superseded or restated at any time and from time to time; (g) relative to the determination of any period of time, “from” means “from and including,” “to” means “to but excluding,” and “through” means “through and including”; (ixh) the words “asset” and “property” shall be construed to have the same meaning and effect and to refer to any and all tangible and intangible assets and properties, including cash, securities, accounts and contract rights; (i) section headings herein and in each other Loan Document are included for convenience and shall not affect the interpretation of this Agreement or such Loan Document; (j) any pronoun shall include the corresponding masculine, feminine and neuter terms; (k) reference to any Law or regulation herein shall refer to such Law or regulation as amended, modified or supplemented from time to time; (l) the word “daywill” means a shall be construed to have the same meaning and effect as the word “Day” as defined shall”; and (m) unless otherwise specified, all references herein and includes each calendar to times of day including Saturdaysshall be references to Denver, Sundays and holidays. article 2: TERM OF AGREEMENT TermColorado time.

2Construction. Unless the context of this Agreement otherwise indicatedclearly requires, (i) defined terms include the plural as well as the singular; (ii) any agreement defined or referred to herein includes each amendment, modification and supplement thereto and waiver, approval and consent in respect thereof as may become effective from time to time and includes references to all Appendices, Exhibits, Schedules and other attachments thereto and instruments, agreements or other documents incorporated therein; (iii) any term defined by reference to any instrument, agreement or other document including but not limited to the [RFP], has such meaning set forth in such document as following rules of the date hereof and unless expressly amended, such meaning construction shall remain in effect whether or not such document is subsequently amended, modified or terminated; (iv) a reference to any law or Legal Requirement includes any amendment, modification or successor thereto; (v) a reference to any Person includes its permitted successors and assigns; (vi) all references to Appendices, Articles, Sections, Schedules and Exhibits shall mean and refer to the respective Appendices, Articles, Sections, Schedules and Exhibits in or attached apply to this Agreement or any document in which such reference appears; and each of the other Loan Documents: (viia) references to the plural include the singular, the plural, the part and the whole and the words “include,” “includes” and “including” are not limiting and shall be deemed to be followed by the words phrase “without limitation” whether or not in fact followed by such words or words of like import”; and (viiib) the terms word “will” shall be construed to have the same meaning and effect as the word “shall”; (c) the words “hereof,” “herein,” “hereunder,” “hereto” and comparable similar terms in this Agreement or any other Loan Document refer to this entire Agreement with respect or such other Loan Document as a whole; (d) article, section, subsection, clause, schedule and exhibit references are to which such terms are used and not this Agreement or other Loan Document, as the case may be, unless otherwise specified; (e) reference to any particular ArticlePerson includes such Person’s successors and assigns; (f) reference to this Agreement or any other Loan Document, Section means this Agreement or subdivision hereofsuch other Loan Document, together with the schedules and exhibits hereto or thereto, as amended, modified, replaced, substituted for, ​ superseded or restated from time to time (subject to any restrictions thereon specified in this Agreement or the other applicable Loan Document); (g) relative to the determination of any period of time, “from” means “from and including,” “to” means “to but excluding,” and “through” means “through and including”; (h) any reference to any law or regulation herein shall, unless otherwise specified, refer to such law or regulation as amended, modified or supplemented from time to time (i) the words “asset” and “property” shall be construed to have the same meaning and effect and to refer to any and all tangible and intangible assets and properties, including cash, securities, accounts and contract rights; (j) whenever the context may require, any pronoun shall include the corresponding masculine, feminine and neuter forms; (k) section headings herein and in each other Loan Document are included for convenience and shall not affect the interpretation of this Agreement or such Loan Document, and (ixl) the word “day” means a “Day” as defined unless otherwise specified, all references herein and includes each calendar to times of day including Saturdays, Sundays and holidays. article 2: TERM OF AGREEMENT Termshall constitute references to Eastern Time.

2Construction. Except where the context otherwise requires, wherever used, the singular includes the plural, the plural the singular, the use of any gender shall be applicable to all genders and the word “or” is used in the inclusive sense (and/or). The table of contents and captions of this Agreement are for convenience of reference only and in no way define, describe, extend or limit the scope or intent of this Agreement or the intent of any provision contained in this Agreement. The term “including” (or its variations) as used herein does not limit the generality of any description preceding such term. The language of this Agreement shall be deemed to be the language mutually chosen by the Parties and no rule of strict construction shall be applied against either Party. Unless otherwise indicatedspecified or where the context otherwise requires, (ia) defined terms include the plural as well as the singularreferences in this Agreement to any Article, Section, Schedule or Exhibit are references to such Article, Section, Schedule or Exhibit of this Agreement and references to this Agreement are references to this Agreement and all Exhibits and Schedules hereto; (iib) references in any agreement defined or referred Section to herein includes each amendment, modification and supplement thereto and waiver, approval and consent in respect thereof as may become effective from time to time and includes any clause are references to all Appendices, Exhibits, Schedules and other attachments thereto and instruments, agreements or other documents incorporated thereinsuch clause of such Section; (iiic) any term defined by reference “hereof,” “hereto,” “hereby,” “herein” and “hereunder” and words of similar import when used in this Agreement refer to this Agreement as a whole and not to any instrument, agreement or other document including but not limited to the [RFP], has such meaning set forth in such document as particular provision of the date hereof and unless expressly amended, such meaning shall remain in effect whether or not such document is subsequently amended, modified or terminatedthis Agreement; (ivd) references to a reference Person are also to any law or Legal Requirement includes any amendment, modification or successor thereto; (v) a reference to any Person includes its permitted successors and assigns; (vie) all references to Appendicesa Law include any amendment or modification to such Law and any rules, Articlesregulations or legally binding guidelines issued thereunder, Sectionsin each case, Schedules and Exhibits shall mean and as in effect at the relevant time of reference thereto; (f) references to any agreement, instrument or other document in this Agreement refer to such agreement, instrument or other document as originally executed or, if subsequently amended, replaced or supplemented from time to time, as so amended, replaced or supplemented and in effect at the respective Appendices, Articles, Sections, Schedules and Exhibits in or attached to this Agreement or any document in which such relevant time of reference appearsthereto; (viig) “extent” in the words phrase “include,to the extent” means the degree to which a subject or other thing extends, and such phrase does not mean simply “includes” if”; (h) references to monetary amounts are denominated in United States Dollars; and “including” are not limiting and (i) references to days (excluding Business Days) or months shall be deemed references to be followed by calendar days or months. As between the words “without limitation” whether Parties, in the event of any conflict or not difference of any kind between the provisions of any Ancillary Agreement, on the one hand, and the provisions of this Agreement (including the Exhibits or Schedules hereto), on the other hand, this Agreement shall control in fact followed by such words or words of like import; and (viii) the terms “hereof,” “herein,” “hereunder” and comparable terms refer to this entire Agreement with respect to which such terms are used and not to any particular Article, Section or subdivision hereof; and (ix) the word “day” means a “Day” as defined herein and includes each calendar day including Saturdays, Sundays and holidays. article 2: TERM OF AGREEMENT Termall respects.

2Construction. Unless otherwise indicated, (i) defined terms include the plural as well as the singular; (ii) any agreement defined or referred to herein includes each amendment, modification and supplement thereto and waiver, approval and consent in respect thereof as may become effective from time to time and includes references to all Appendices, Exhibits, Schedules and other attachments thereto and instruments, agreements or other documents incorporated therein; (iii) any term defined by reference to any instrument, agreement or other document document, including but not limited to the [2015 SF RFP], has such meaning set forth in such document as of the date hereof and unless expressly amended, such meaning shall remain in effect whether or not such document is subsequently amended, modified or terminated; (iv) a reference to any law or Legal Requirement includes any amendment, modification or successor thereto; (v) a reference to any Person includes its permitted successors and assigns; (vi) all references to Appendices, Articles, Sections, Schedules and Exhibits shall mean and refer to the respective Appendices, Articles, Sections, Schedules and Exhibits in or attached to this Agreement or any document in which such reference appears; (vii) the words “include,” “includes” and “including” are not limiting and shall be deemed to be followed by the words “without limitation” whether or not in fact followed by such words or words of like import; and (viii) the terms “hereof,” “herein,” “hereunder” and comparable terms refer to this entire Agreement with respect to which such terms are used and not to any particular Article, Section or subdivision hereof; and (ix) the word “day” means a “Day” as defined herein and includes each calendar day including Saturdays, Sundays and holidays. article 2: TERM ARTICLE 2TERM OF AGREEMENT TermAGREEMENT

2Construction. Unless the context of this Agreement otherwise indicatedclearly requires, (i) defined terms include the plural as well as the singular; (ii) any agreement defined or referred to herein includes each amendment, modification and supplement thereto and waiver, approval and consent in respect thereof as may become effective from time to time and includes references to all Appendices, Exhibits, Schedules and other attachments thereto and instruments, agreements or other documents incorporated therein; (iii) any term defined by reference to any instrument, agreement or other document including but not limited to the [RFP], has such meaning set forth in such document as following rules of the date hereof and unless expressly amended, such meaning construction shall remain in effect whether or not such document is subsequently amended, modified or terminated; (iv) a reference to any law or Legal Requirement includes any amendment, modification or successor thereto; (v) a reference to any Person includes its permitted successors and assigns; (vi) all references to Appendices, Articles, Sections, Schedules and Exhibits shall mean and refer to the respective Appendices, Articles, Sections, Schedules and Exhibits in or attached apply to this Agreement or any document in which such reference appearsand each of the other Loan Documents: (a) references to the plural include the singular, the plural, the part and the whole; (viib) the words “include,” “includes” and “including” are not limiting and shall be deemed to be followed by the words phrase “without limitation” whether or not in fact followed by such words or words of like import”; and (viiic) the terms words “hereof,” “herein,” “hereunder,” “hereto” and comparable similar terms in this Agreement or any other Loan Document refer to this entire Agreement with respect or such other Loan Document as a whole; (d) article, section, subsection, clause, schedule and exhibit references are to which such terms are used and not this Agreement or other Loan Document, as the case may be, unless otherwise specified; (e) reference to any particular ArticlePerson includes such Person’s successors and assigns; (f) reference to any agreement, Section including this Agreement and any other Loan Document together with the schedules and exhibits hereto or subdivision hereofthereto, document or instrument means such agreement, document or instrument as amended, modified, supplemented, replaced, substituted for, superseded or restated at any time and from time to time; (g) relative to the determination of any period of time, “from” means “from and including,” “to” means “to but excluding,” and “through” means “through and including”; (ixh) the words “asset” and “property” shall be construed to have the same meaning and effect and to refer to any and all tangible and intangible assets and properties, including cash, securities, accounts and contract rights; (i) section headings herein and in each other Loan Document are included for convenience and shall not affect the interpretation of this Agreement or such Loan Document; (j) any pronoun shall include the corresponding masculine, feminine and neuter terms; (k) reference to any Law or regulation herein shall refer to such Law or regulation as amended, modified or supplemented from time to time; (1l) the word “daywill” means a shall be construed to have the same meaning and effect as the word “Day” as defined shall”; and (m) unless otherwise specified, all references herein and includes each calendar to times of day including Saturdaysshall be references to Denver, Sundays and holidaysColorado time. article 2: TERM OF AGREEMENT Term​

2Construction. Unless otherwise indicated, (i) defined terms include the plural as well as the singular; (ii) any agreement defined or referred to herein includes each amendment, modification and supplement thereto and waiver, approval and consent in respect thereof as may become effective from time to time and includes references to all Appendices, Exhibits, Schedules and other attachments thereto and instruments, agreements or other documents incorporated therein; (iii) any term defined by reference to any instrument, agreement or other document document, including but not limited to the [2015 SF RFP], has such meaning set forth in such document as of the date hereof and unless expressly amended, such meaning shall remain in effect whether or not such document is subsequently amended, modified or terminated; (iv) a reference to any law or Legal Requirement includes any amendment, modification or successor thereto; (v) a reference to any Person includes its permitted successors and assigns; (vi) all references to Appendices, Articles, Sections, Schedules and Exhibits shall mean and refer to the respective Appendices, Articles, Sections, Schedules and Exhibits in or attached to this Agreement or any document in which such reference appears; (vii) the words “include,” “includes” and “including” are not limiting and shall be deemed to be followed by the words “without limitation” whether or not in fact followed by such words or words of like import; and (viii) the terms “hereof,” “herein,” “hereunder” and comparable terms refer to this entire Agreement with respect to which such terms are used and not to any particular Article, Section or subdivision hereof; and (ix) the word “day” means a “Day” as defined herein and includes each calendar day including Saturdays, Sundays and holidays. article 2: TERM OF AGREEMENT Term.

2Construction. Unless the context of this Agreement otherwise indicatedclearly requires, (i) defined terms include the plural as well as the singular; (ii) any agreement defined or referred to herein includes each amendment, modification and supplement thereto and waiver, approval and consent in respect thereof as may become effective from time to time and includes references to all Appendices, Exhibits, Schedules and other attachments thereto and instruments, agreements or other documents incorporated therein; (iii) any term defined by reference to any instrument, agreement or other document including but not limited to the [RFP], has such meaning set forth in such document as following rules of the date hereof and unless expressly amended, such meaning construction shall remain in effect whether or not such document is subsequently amended, modified or terminated; (iv) a reference to any law or Legal Requirement includes any amendment, modification or successor thereto; (v) a reference to any Person includes its permitted successors and assigns; (vi) all references to Appendices, Articles, Sections, Schedules and Exhibits shall mean and refer to the respective Appendices, Articles, Sections, Schedules and Exhibits in or attached apply to this Agreement or any document in which such reference appears; and each of the other Loan Documents: (viia) references to the plural include the singular, the plural, the part and the whole and the words “include,” “includes” and “including” are not limiting and shall be deemed to be followed by the words phrase “without limitation” whether or not in fact followed by such words or words of like import”; and (viiib) the terms word “will” shall be construed to have the same meaning and effect as the word “shall”; (c) the words “hereof,” “herein,” “hereunder,” “hereto” and comparable similar terms in this Agreement or any other Loan Document refer to this entire Agreement with respect or such other Loan Document as a whole; (d) article, section, subsection, clause, schedule and exhibit references are to which such terms are used and not this Agreement or other Loan Document, as the case may be, unless otherwise specified; (e) reference to any particular ArticlePerson includes such Person’s successors and assigns; (f) reference to this Agreement or any other Loan Document, Section means this Agreement or subdivision hereofsuch other Loan Document, together with the schedules and exhibits hereto or thereto, as amended, modified, replaced, substituted for, superseded or restated from time to time (subject to any restrictions thereon specified in this Agreement or the other applicable Loan Document); (g) relative to the determination of any period of time, “from” means “from and including,” “to” means “to but excluding,” and “through” means “through and including”; (h) any reference to any law or regulation herein shall, unless otherwise specified, refer to such law or regulation as amended, modified or supplemented from time to time (i) the words “asset” and “property” shall be construed to have the same meaning and effect and to refer to any and all tangible and intangible assets and properties, including cash, securities, accounts and contract rights; (j) whenever the context may require, any pronoun shall include the corresponding masculine, feminine and neuter forms; (k) section headings herein and in each other Loan Document are included for convenience and shall not affect the interpretation of this Agreement or such Loan Document, and (ixl) the word “day” means a “Day” as defined unless otherwise specified, all references herein and includes each calendar to times of day including Saturdays, Sundays and holidays. article 2: TERM OF AGREEMENT Termshall constitute references to Eastern Time.