Amendment, Interpretation and Construction Sample Clauses
The "Amendment, Interpretation and Construction" clause defines how changes to the agreement can be made, and sets out the rules for interpreting its terms. Typically, this clause requires that any amendments be made in writing and agreed upon by all parties, and may specify that headings are for convenience only and do not affect meaning. It also often clarifies how ambiguities or conflicts in the contract language should be resolved. The core function of this clause is to ensure that the contract remains clear, consistent, and only modifiable through mutual consent, thereby reducing the risk of misunderstandings or unilateral changes.
Amendment, Interpretation and Construction. Any modification or amendment to this Agreement must be in writing signed by the Member. Where the context so requires, the masculine shall include the feminine and the neuter and the singular shall include the plural. The headings and captions in this Agreement are inserted for convenience and identification only and are in no way intended to define, limit, or expand the scope or intent of this Agreement or any provision hereof. Unless otherwise specified, the references to Section and Article in this Agreement are to the Sections and Articles of this Agreement.
Amendment, Interpretation and Construction. This Agreement contains the entire operating agreement of the Company and the Member may amend or modify this agreement at any time. Where the context so requires, the masculine shall include the feminine and the neuter and the singular shall include the plural. The headings and captions in this Agreement are inserted for convenience and identification only and are in no way intended to define, limit, or expand the scope or intent of this Agreement or any provision hereof. Unless otherwise specified, the references to Section and Article in this Agreement are to the Sections and Articles of this Agreement.
Amendment, Interpretation and Construction. This Agreement, including any and all attached Schedules, contains the entire agreement among the Unit Holders and this Agreement replaces and supersedes the Original Agreement in its entirety. Any term of this Agreement may be amended and (unless specifically provided for herein) the observance of any term of this Agreement may be waived (either generally or in a particular instance, and either retroactively or prospectively) only with the written consent of the holders of fifty-one percent (51%) of the voting power of the Class A Common Members and the Manager; provided however, that any provision hereof may be waived by any waiving party on such party's own behalf, without the consent of any other party. Notwithstanding the foregoing, this Agreement may not be amended, and no provision hereof may be waived, in each case, in any way which would adversely affect the rights of the Class B Unit Holders hereunder in a manner disproportionate to any adverse effect such amendment or waiver would have on the rights of the Class A Unit Holders hereunder, without also the written consent of the holders of fifty- one percent (51%) of the voting power of the Class B Unit Holders. Notwithstanding the foregoing or anything to the contrary herein, consent is not required by the Manager, or any Unit Holders or Members for the Manager to (i) add a party to this Agreement (in the manner so contemplated herein) or (ii) update Schedule A to this Agreement to reflect any changes in the ownership structure of the Company. The Company shall give prompt notice of any amendment or termination hereof or waiver hereunder to any party hereto that did not consent in writing to such amendment, termination, or waiver (other than with respect to any individual waiver given on a party's own behalf). Any amendment, termination, or waiver effected in accordance with this Section 11.2 shall be binding on all parties hereto, regardless of whether any such party has consented thereto. No waivers of or exceptions to any term, condition, or provision of this Agreement, in any one or more instances, shall be deemed to be or construed as a further or continuing waiver of any such term, condition, or provision.. In the event of any conflict between the provisions contained herein and the provisions of the Act, the provisions contained herein shall be effective and shall control; provided, however, to the extent that any provision hereunder is prohibited or ineffective under the Act, this Agreeme...