Common use of Certain Conventions Clause in Contracts

Certain Conventions. Any reference in this Agreement to an Article, Section, subsection, paragraph, clause, Schedule or Exhibit will be deemed to be a reference to an Article, Section, subsection, paragraph, clause, Schedule or Exhibit, of or to, as the case may be, this Agreement, unless otherwise indicated. Unless the context of this Agreement otherwise requires, (a) all definitions set forth herein will be deemed applicable whether the words defined are used herein in the singular or the plural, (b) the word “will” will be construed to have the same meaning and effect as the word “shall,” (c) any definition of or reference to any agreement, instrument or other document herein will be construed as referring to such agreement, instrument or other document as from time to time amended, supplemented or otherwise modified (subject to any restrictions on such amendments, supplements or modifications set forth herein), (d) any reference herein to any Person will be construed to include the Person’s successors and assigns, (e) the word “notice” will mean notice in writing (whether or not specifically stated) and will include notices, consents, approvals and other written communications contemplated under this Agreement, (f) provisions that require that a Party, the Parties or any committee hereunder “agree,” “consent” or “approve” or the like will require that such agreement, consent or approval be specific and in writing, whether by written agreement, letter, approved minutes or otherwise (but excluding e-mail and instant messaging), (g) references to any specific Law, rule or regulation, or article, section or other division thereof, will be deemed to include the then-current amendments thereto or any replacement or successor Law, rule or regulation thereof and (h) the term “or” will be interpreted in the inclusive sense commonly associated with the term “and/or”, (i) words of any gender include each other gender, (j) words such as “herein”, “hereof” and “hereunder” refer to this Agreement as a whole and not merely to the particular provision in which such words appear, (k) words using the singular will include the plural, and vice versa, (l) the words “include,” “includes” and “including” will be deemed to be followed by the phrase “but not limited to”, “without limitation”, “inter alia” or words of similar import and (m) unless “Business Days” is specified, “days” will mean “calendar days.”

Certain Conventions. Any reference in this Agreement to an Article, Section, subsection, paragraph, clause, Schedule or Exhibit will shall be deemed to be a reference to an Article, Section, subsection, paragraph, clause, Schedule or Exhibit, of or to, as the case may be, this Agreement, unless otherwise indicated. Unless the context of this Agreement otherwise requires, (a) all definitions set forth herein will shall be deemed applicable whether the words defined are used herein with initial capital letters in the singular or the plural, (b) the word “will” will shall be construed to have the same meaning and effect as the word “shall,” (c) any definition of or reference to any agreement, instrument or other document herein will shall be construed as referring to such agreement, instrument or other document as from time to time amended, supplemented or otherwise modified (subject to any restrictions on such amendments, supplements or modifications set forth herein), (d) any reference herein to any Person will Party shall be construed to include the PersonParty’s successors and assigns, (e) the word “notice” will shall mean notice in writing (whether or not specifically stated) and will shall include notices, consents, approvals and other written communications contemplated under this Agreement, (f) provisions that require that a Party, Party or the Parties or any committee hereunder “agree,” “consent” or “approve” or the like will shall require that such agreement, consent or approval be specific and in writing, whether by written agreement, letter, approved minutes or otherwise (but excluding e-mail and instant messaging), (g) references to any specific Law, rule or regulation, or article, section or other division thereof, will shall be deemed to include the then-current amendments thereto or any replacement or successor Law, rule or regulation thereof and thereof, (h) the term “or” will be interpreted in the inclusive sense commonly associated with the term “and/or”, (i) words of any gender include each other gender, (ji) words such as “herein”, ,” “hereof” and “hereunder” refer to this Agreement as a whole and not merely to the particular provision in which such words appear, (k) words using the singular will include the plural, and vice versa, (lj) the words “include,” “includes” and “including” will shall be deemed to be followed by the phrase “but not limited to”, “without limitation”, “inter alia” or words of similar import and (m) unless “Business Days” is specified, “days” will mean “calendar days.”not

Certain Conventions. Any reference in this Agreement to an Article, Section, subsection, paragraph, clause, or Schedule or Exhibit will shall be deemed to be a reference to an Article, Section, subsection, paragraph, clause, or Schedule or Exhibit, of or to, as the case may be, this Agreement, unless otherwise indicated. Unless the context of this Agreement otherwise requires, (a) all definitions set forth herein will shall be deemed applicable whether the words defined are used herein with initial capital letters in the singular or the plural, (b) the word “will” will shall be construed to have the same meaning and effect as the word “shall,” (c) any definition of or reference to any agreement, instrument or other document herein will shall be construed as referring to such agreement, instrument or other document as from time to time amended, supplemented or otherwise modified (subject to any restrictions on such amendments, supplements or modifications set forth herein), (d) any reference herein to any Person will Party shall be construed to include the PersonParty’s successors and assigns, (e) the word “notice” will shall mean notice in writing (whether or not specifically stated) and will shall include notices, consents, approvals and other written communications contemplated under this Agreement, (f) provisions that require that a Party, Party or the Parties or any committee hereunder “agree,” “consent” or “approve” or the like will shall require that such agreement, consent or approval be specific and in writing, whether by written agreement, letter, approved minutes or otherwise (but excluding e-mail and instant messaging), (g) references to any specific Law, rule or regulation, or article, section or other division thereof, will shall be deemed to include the then-current amendments thereto or any replacement or successor Law, rule or regulation thereof and thereof, (h) the term “or” will be interpreted in the inclusive sense commonly associated with the term “and/or”, (i) words of any gender include each other gender, (ji) words such as “herein”, ,” “hereof” and “hereunder” refer to this Agreement as a whole and not merely to the particular provision in which such words appear, (k) words using the singular will include the plural, and vice versa, (lj) the words “include,” “includes” and “including” will shall be deemed to be followed by the phrase “but not limited to”, ,” “without limitation”, ,” “inter alia” or words of similar import import, and (mk) unless “Business Days” is specified, “days” will shall mean “calendar days.”” In the event an ambiguity or question of intent or interpretation arises, this Agreement shall be construed as if drafted jointly by the Parties and no presumption or burden of proof shall arise favoring or disfavoring any Party by virtue of the authorship of any of the provisions of this Agreement.

Certain Conventions. Any reference in this Agreement to an Article, Section, subsection, paragraph, clause, Schedule clause or Exhibit will shall be deemed to be a reference to an Article, Section, subsection, paragraph, clause, Schedule clause or Exhibit, of or to, as the case may be, this Agreement, unless otherwise indicated. Unless the context of this Agreement otherwise requires, (a) all definitions set forth herein will shall be deemed applicable whether the words defined are used herein with initial capital letters in the singular or the plural, (b) the word “will” will shall be construed to have the same meaning and effect as the word “shall,” (c) any definition of or reference to any agreement, instrument or other document herein will shall be construed as referring to such agreement, instrument or other document as from time to time amended, supplemented or otherwise modified (subject to any restrictions on such amendments, supplements or modifications set forth herein), (d) any reference herein to any Person will Party shall be construed to include the PersonParty’s successors and assigns, (e) the word “notice” will shall mean notice in writing (whether or not specifically stated) and will shall include notices, consents, approvals and other written communications contemplated under this Agreement, (f) provisions that require that a Party, Party or the Parties or any committee hereunder “agree,” “consent” or “approve” or the like will shall require that such agreement, consent or approval be specific and in writing, whether by written agreement, letter, approved minutes or otherwise (but excluding e-mail and instant messaging), (g) references to any specific Law, rule or regulation, or article, section or other division thereof, will shall be deemed to include the then-current amendments thereto or any replacement or successor Law, rule or regulation thereof and thereof, (h) the term “or” will be interpreted in the inclusive sense commonly associated with the term “and/or”, (i) words of any gender include each other gender, (j) words such as “herein”, ,” “hereof” and “hereunder” refer to this Agreement as a whole and not merely to the particular provision in which such words appear, (k) words using the singular will include the plural, and vice versa, (li) the words “include,” “includes” and “including” will shall be deemed to be followed by the phrase “but not limited to”, ,” “without limitation”, ,” “inter alia” or words of similar import import, and (mj) unless “Business Days” is specified, “days” will shall mean “calendar days.”” In the event an ambiguity or question of intent or ​ interpretation arises, this Agreement shall be construed as if drafted jointly by the Parties and no presumption or burden of proof shall arise favoring or disfavoring any Party by virtue of the authorship of any of the provisions of this Agreement. ​

Certain Conventions. Any reference in this Agreement to an Article, Section, subsection, paragraph, clause, Schedule or Exhibit will be deemed to be a reference to an Article, Section, subsection, paragraph, clause, Schedule or Exhibit, of or to, as the case may be, this Agreement, unless otherwise indicated. Unless the context of this Agreement otherwise requires, (a) all definitions set forth herein will be deemed applicable whether the words defined are used herein with initial capital letters in the singular or the plural, (b) the word “will” will be construed to have the same meaning and effect as the word “shall,” (c) any definition of or reference to any agreement, instrument or other document herein will be construed as referring to such agreement, instrument or other document as from time to time amended, supplemented or otherwise modified (subject to any restrictions on such amendments, supplements or modifications set forth herein), (d) any reference herein to any Person will be construed to include the Person’s successors and assigns, (e) the word “notice” will mean notice in writing (whether or not specifically stated) and will include notices, consents, approvals and other written communications contemplated under this Agreement, (f) provisions that require that a Party, the Parties or any committee hereunder “agree,” “consent” or “approve” or the like will require that such agreement, consent or approval be specific and in writing, whether by written agreement, letter, approved minutes or otherwise (but excluding e-mail and instant messaging), (g) references to any specific Lawlaw, rule or regulation, or article, section or other division thereof, will be deemed to include the then-current amendments thereto or any replacement or successor Lawlaw, rule or regulation thereof and (h) the term “or” will be interpreted in the inclusive sense commonly associated with the term “and/or”, (i) words of any gender include each other gender, (j) words such as “herein”, “hereof” and “hereunder” refer to this Agreement as a whole and not merely to the particular provision in which such words appear, (k) words using the singular will include the plural, and vice versa, (l) the words “include,” “includes” and “including” will be deemed to be followed by the phrase “but not limited to”, “without limitation”, “inter alia” or words of similar import and (m) unless “Business Daysbusiness days” is specified, “days” will mean “calendar days.”

Certain Conventions. Any reference in this Agreement to an Article, Section, subsection, paragraph, clause, Schedule clause or Exhibit will shall be deemed to be a reference to an Article, Section, subsection, paragraph, clause, Schedule clause or Exhibit, of or to, as the case may be, this Agreement, unless otherwise indicated. Unless the context of this Agreement otherwise requires, (a) all definitions set forth herein will shall be deemed applicable whether the words defined are used herein with initial capital letters in the singular or the plural, (b) the word “will” will shall be construed to have the same meaning and effect as the word “shall,” (c) any definition of or reference to any agreement, instrument or other document herein will shall be construed as referring to such agreement, instrument or other document as from time to time amended, supplemented or otherwise modified (subject to any restrictions on such amendments, supplements or modifications set forth herein), (d) any reference herein to any Person will Party shall be construed to include the PersonParty’s successors and assigns, (e) the word “notice” will shall mean notice in writing (whether or not specifically stated) and will shall include notices, consents, approvals and other written communications contemplated under this Agreement, (f) provisions that require that a Party, Party or the Parties or any committee hereunder “agree,” “consent” or “approve” or the like will shall require that such agreement, consent or approval be specific and in writing, whether by written agreement, letter, approved minutes or otherwise (but excluding e-mail and instant messaging), (g) references to any specific Law, rule or regulation, or article, section or other division thereof, will shall be deemed to include the then-current amendments thereto or any replacement or successor Law, rule or regulation thereof and thereof, (h) the term “or” will be interpreted in the inclusive sense commonly associated with the term “and/or”, (i) words of any gender include each other gender, (ji) words such as “herein”, ,” “hereof” and “hereunder” refer to this Agreement as a whole and not merely to the particular provision in which such words appear, (k) words using the singular will include the plural, and vice versa, (lj) the words “include,” “includes” and “including” will shall be deemed to be followed by the phrase “but not limited to”, ,” “without limitation”, ,” “inter alia” or words of similar import import, and (mk) unless “Business Days” is specified, “days” will shall mean “calendar days.”” In the event an ambiguity or question of intent or interpretation arises, this Agreement shall be construed as if drafted jointly by the Parties and no presumption or burden of proof shall arise favoring or disfavoring any Party by virtue of the authorship of any of the provisions of this Agreement.

Certain Conventions. Any Except where the context otherwise requires, wherever used, the singular will include the plural, the plural the singular, the use of any gender will be applicable to all genders, and the word “or” is used in the inclusive sense (and/or). Whenever this Agreement refers to a number of days, unless otherwise specified, such number refers to calendar days. The 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 to an Article, Section, subsection, paragraph, clause, Schedule or Exhibit will Agreement. The term “including” as used herein shall be deemed to be a reference to an Article, Section, subsection, paragraph, clause, Schedule followed by the phrase “without limitation” or Exhibit, of or to, as the case may be, this Agreement, unless otherwise indicatedlike expression. Unless the context of this Agreement otherwise requires, (a) all definitions set forth herein will be deemed applicable whether the words defined are used herein in the singular or the plural, (b) the word The term “will” will be construed to have the same meaning and effect as the word used herein means shall. The terms “shall,” (c) any definition of or reference to any agreement, instrument or other document herein will be construed as referring to such agreement, instrument or other document as from time to time amended, supplemented or otherwise modified (subject to any restrictions on such amendments, supplements or modifications set forth herein), (d) any reference herein to any Person will be construed to include the Person’s successors and assigns, (e) the word “notice” will mean notice in writing (whether or not specifically stated) and will include notices, consents, approvals and other written communications contemplated under this Agreement, (f) provisions that require that a Party, the Parties or any committee hereunder “agree,” “consent” or “approve” or the like will require that such agreement, consent or approval be specific and in writing, whether by written agreement, letter, approved minutes or otherwise (but excluding e-mail and instant messaging), (g) references to any specific Law, rule or regulation, or article, section or other division thereof, will be deemed to include the then-current amendments thereto or any replacement or successor Law, rule or regulation thereof and (h) the term “or” will be interpreted in the inclusive sense commonly associated with the term “and/or”, (i) words of any gender include each other gender, (j) words such as “hereinhereof”, “hereofhereto”, “herein” and “hereunder” and words of similar import when used in this Agreement refer to this Agreement as a whole and not merely to the any particular provision in which such words appear, (k) words using the singular will include the plural, and vice versa, (l) the words of this Agreement. References to “includeArticle,” “includesSection”, “Exhibit” or “Schedule” are references to the numbered sections of this Agreement and the appendices attached to this Agreement, unless expressly stated otherwise. A reference to any statute, law, rule, regulation or directive will be construed as a reference to such statute, law, rule, regulation or directive as amended, extended, repealed and replaced or re-enacted from time to time. Except where the context otherwise requires, references to this “includingAgreement” will shall include the appendices attached to this Agreement. The language of this Agreement shall be deemed to be followed the language mutually chosen by the phrase “but not limited to”, “without limitation”, “inter alia” or words Parties and no rule of similar import and (m) unless “Business Days” is specified, “days” strict construction will mean “calendar daysbe applied against either Party hereto.”

Certain Conventions. Any reference in this Agreement to an Article, Section, subsection, paragraph, clause, Schedule clause or Exhibit will shall be deemed to be a reference to an Article, Section, subsection, paragraph, clause, Schedule clause or Exhibit, of or to, as the case may be, this Agreement, unless otherwise indicated. Unless the context of this Agreement otherwise requires, (a) all definitions set forth herein will shall be deemed applicable whether the words defined are used herein with initial capital letters in the singular or the plural, (b) the word “will” will shall be construed to have the same meaning and effect as the word “shall,” (c) any definition of or reference to any agreement, instrument or other document herein will shall be construed as referring to such agreement, instrument or other document as from time to time amended, supplemented or otherwise modified (subject to any restrictions on such amendments, supplements or modifications set forth herein), (d) any reference herein to any Person will Party shall be construed to include the PersonParty’s successors and assigns, (e) the word “notice” will shall mean notice in writing (whether or not specifically stated) and will shall include notices, consents, approvals and other written communications contemplated under this Agreement, (f) provisions that require that a Party, Party or the Parties or any committee hereunder “agree,” “consent” or “approve” or the like will shall require that such agreement, consent or approval be specific and in writing, whether by written agreement, letter, approved minutes or otherwise (but excluding e-mail and instant messaging), (g) references to any specific Law, rule or regulation, or article, section or other division thereof, will shall be deemed to include the then-current amendments thereto or any replacement or successor Law, rule or regulation thereof and thereof, (h) the term “or” will be interpreted in the inclusive sense commonly associated with the term “and/or”, (i) words of any gender include each other gender, (j) words such as “herein”, ,” “hereof” and “hereunder” refer to this Agreement as a whole and not merely to the particular provision in which such words appear, (k) words using the singular will include the plural, and vice versa, (li) the words “include,” “includes” and “including” will shall be deemed to be followed by the phrase “but not limited to”, ,” “without limitation”, ,” “inter alia” or words of similar import import, and (mj) unless “Business Days” is specified, “days” will shall mean “calendar days.”” In the event an ambiguity or question of intent or interpretation arises, this Agreement shall be construed as if drafted jointly by the Parties and no presumption or burden of proof shall arise favoring or disfavoring any Party by virtue of the authorship of any of the provisions of this Agreement.

Certain Conventions. Any reference in this Agreement to an Article, Section, subsection, paragraph, clause, Schedule clause or Exhibit will shall be deemed to be a reference to an Article, Section, subsection, paragraph, clause, Schedule clause or Exhibit, of or to, as the case may be, this Agreement, unless otherwise indicated. Unless the context of this Agreement otherwise requires, (a) all definitions set forth herein will shall be deemed applicable whether the words defined are used herein with initial capital letters in the singular or the plural, (b) the word “will” will shall be construed to have the same meaning and effect as the word “shall,” (c) any definition of or reference to any agreement, instrument or other document herein will shall be construed as referring to such agreement, instrument or other document as from time to time amended, supplemented or otherwise modified (subject to any restrictions on such amendments, supplements or modifications set forth herein), (d) any reference herein to any Person will Party shall be construed to include the PersonParty’s successors and assigns, (e) the word “notice” will shall mean notice in writing (whether or not specifically stated) and will shall include notices, consents, approvals and other written communications contemplated under this Agreement, (f) provisions that require that a Party, Party or the Parties or any committee hereunder “agree,” “consent” or “approve” or the like will shall require that such agreement, consent or approval be specific and in writing, whether by written agreement, letter, approved minutes or otherwise (but excluding e-mail and instant messaging), (g) references to any specific Law, rule or regulation, or article, section or other division thereof, will shall be deemed to include the then-current amendments thereto or any replacement or successor Law, rule or regulation thereof and thereof, (h) the term “or” will be interpreted in the inclusive sense commonly associated with the term “and/or”, (i) words of any gender include each other gender, (ji) words such as “herein”, ,” “hereof” ’ and “hereunder” refer to this Agreement as a whole and not merely to the particular provision in which such words appear, (k) words using the singular will include the plural, and vice versa, (lG) the words “include,” “includes” and “including” will shall be deemed to be followed by the phrase “but not limited to”, ,” “without limitation”, ,” “inter alia” or words of similar import import, and (mk) unless “Business Days” is specified, “days” will shall mean “calendar days.”” In the event an ambiguity or question of intent or interpretation arises, this Agreement shall be construed as if drafted jointly by the Parties and no presumption or burden of proof shall arise favoring or disfavoring any Party by virtue of the authorship of any of the provisions of this Agreement.