Construction of Section Clause Samples
The "Construction of Section" clause defines how the various sections, headings, and subdivisions within a contract or legal document should be interpreted. Typically, this clause clarifies that section titles and headings are included for convenience and do not affect the meaning or interpretation of the substantive provisions. It may also specify that references to sections or clauses refer to those within the same document unless otherwise stated. The core function of this clause is to prevent ambiguity or misinterpretation arising from the structure or labeling of the document, ensuring that the legal effect of the contract is based solely on its substantive content.
Construction of Section. Notwithstanding any of the provisions of this Section 9, if it is finally determined by a court of competent jurisdiction that any of such provisions are void or unenforceable under governing law, then such provisions shall be deemed stricken from this Agreement and the remaining provisions shall remain in full force and effect and shall be construed to provide for the maximum defense and indemnification obligations by Subcontractor permitted by law.
Construction of Section. 12.1. It is recorded that as at Signature Date, construction of the Section will either not have been commenced with at all or will have been commenced with but will not have been completed.
12.2. The Seller has engaged a Contractor to construct and / or complete the Section in a proper and workmanlike manner using suitable materials and in accordance with the Design Documents.
12.3. The Seller shall take all reasonable measures to cause the construction of the Section to be Practically Completed by no later than the Intended Practical Completion Date.
12.4. In the event of the Seller anticipating that – for whatever reason, other than due to an Impediment - the construction of the Section will not be Practically Completed by the Intended Practical Completion Date, then ~
12.4.1. such date shall be delayed until such later date as the Seller may reasonably determine, (“the Delayed Practical Completion Date”) and the Seller shall notify the Purchaser of the Delayed Practical Completion Date by way of a notice delivered to the Purchaser at least 30 (thirty) Calendar Days prior to the Intended Practical Completion Date (“the Delay Notice”); and
12.4.2. regardless of the cause of such delay, the Seller shall not be liable to the Purchaser for any claim of whatsoever nature, including a claim for damages or a claim for cancellation of this Agreement, in consequence of the delay in the Intended Practical Completion Date. I have read and understand the provisions of this clause 12.4 Initial: --------------- Initial: ………………..
12.5. Should the Seller, for any reason other than due to an Impediment(s), fail to cause the Section to be practically completed by the Delayed Practical Completion Date, the Purchaser shall be entitled (but not obliged) to terminate this Agreement, provided however, that should the Purchaser elect to terminate this Agreement he shall give the Seller notice thereof within 10 (ten) Business Days after Delayed Practical Completion Date.
12.6. Should the Purchaser fail to give the Seller the said notice of termination of this Agreement within the 10 (ten) Business Day period mentioned in clause 12.5, the Purchaser shall be irrebuttably deemed to have elected not to terminate this Agreement. I have read and understand the provisions of this clause 12.6 Initial: --------------- Initial: ………………..
12.7. The Seller shall not be liable for a failure to Practically Complete the construction of the Section by the Intended Practical Completion Date, or ...