DEFINITIONS AND INTERPRETATIONS 1 Sample Clauses

DEFINITIONS AND INTERPRETATIONS 1. 1 Definitions In this Agreement ( including the Recitals), unless the context otherwise requires: 1.1.1 "Act" means the Crown Minerals Act (NZ) 1991 and any regulations thereto. 1.1.2 "Affiliate" means a corporation that controls a Party or is controlled by a Party or a corporation that is controlled by a corporation that also controls the Party and control means the right to exercise 100% of the voting right thereof. 161 1.1.3 "Area" means, at any time, the area subject of the Permit. 1.1.4 "Agreement" means this agreement between the Parties. 1.1.5 "Indo-Pacific Assigned Interest" means a 20% Participating Interest owned by Indo-Pacific assigned to Boral Energy. 1.1.6 "Effective Date" means 2 November 1996. 1.1.7 "Joint Venturers" means together Indo-Pacific, Moondance and Croft Exploration Ltd. 1.1.8 "Moondance Assigned Interest" means a 10% Participating Interest owned by Moondance assigned to Boral Energy. 1.1.9 "Operator" means Indo-Pacific. 1.1.10 "Participating Interest" means a percentage interest of a Party in the Permit. 1.1.11 "Permit" means petroleum exploration permit PEP 38328 or any renewal or extension thereof and any mining permit granted pursuant thereto. 1.1.12 "Well Costs" means all costs (including permit management, pre-planning and inventory purchase) incurred by the Operator in drilling the Kereru 1 Well but which expressly excludes the cost of purchase of the 7" casing and spool. 1.1.13 "Kereru 1 Well" means the well referred to as Kereru 1 at a location defined by the coordinates 39' 39' 40.5" south and 176' 26' 12.3" east, being Peg 216 on seismic line C91-04 to be drilled, to either a programmed depth of 1700 metres or 100 metres deeper than the Miocene/Pliocene unconformity, whichever is the lesser, or as otherwise may be agreed. 1.1.14 "Minister" means the Minister of Energy as defined in the Act who administers the approval and registration procedure under the Act. 1.1.15 "Boral Energy Participating Interest" means together the Indo-Pacific Assigned Interest and the Moondance Assigned Interest assigned to Boral Energy. 1.2 Interpretation Rules In this Agreement, unless a contrary intention appears: 162 1.2.1 a reference to this Agreement is a reference to this Agreement as amended, varied, novated or substituted from time to time; 1.2.2 a reference to any legislation or any provision of any legislation includes: (a) all regulations, orders or instruments issued under the legislation or provisions; and (b) any modification, c...
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DEFINITIONS AND INTERPRETATIONS 1. 1.1 Definitions 1 1.2 Day Not a Business Day 15
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DEFINITIONS AND INTERPRETATIONS 1. 1.1 Definitions 1 1.2 Interpretation 1 1.3 Independent Obligations 1 1.4 Prior Services Agreements 2
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DEFINITIONS AND INTERPRETATIONS 1. 1.1 Definitions 1 1.2 Interpretation 1 1.3 Independent Obligations 1 1.4 Prior Services Agreements 2 ARTICLE 2 RELATIONSHIP OF PARTIES 2 2.1 Rights and Obligations 2 2.2 Nature of the Relationship 2 ARTICLE 3 PROVISION OF SERVICE ITEMS 3 3.1 Provision of Service Items 3 3.2 Increased Quantities and Additional Service Items 3 3.3 Use of Service Items 4 3.4 Service Assets 4 3.5 Access 4 ARTICLE 4 ANNUAL SERVICE FEE 5 4.1 Increases in Annual Service Fee 5 4.2 Reduction of Annual Service Fee 5 ARTICLE 5 CONNECTION FACILITIES 5 5.1 Connection Facilities 5 ARTICLE 6 CAPITAL IMPROVEMENTS 6 6.1 Capital Improvements Relating to Provision of Service Items 6 ARTICLE 7 MONITORING COMMITTEE 7 7.1 Monitoring Committee 7 ARTICLE 8 LIABILITY AND INDEMNIFICATION 7 8.1 Limitation of Liability; Indemnity 7 8.2 Survival 8 ARTICLE 9 DISPUTE RESOLUTION 8 9.1 Dispute Resolution 8 ARTICLE 10 TERM AND TERMINATION 8 10.1 Applicable Term 8 10.2 Termination by Related Refinery Owner 9 10.3 Effect of Termination 9 ARTICLE 11 GENERAL PROVISIONS 9 11.1 Intellectual Property Rights 9 11.2 Notices 10 11.3 Severability 10 11.4 Entire Agreement 10 11.5 Waiver 10 11.6 Incorporation by Reference 10 11.7 Succession and Assignment 10 11.8 Binding Effect 11 11.9 Amendment 11 11.10 No Third Party Beneficiaries 11 11.11 Governing Law 11 11.12 Cooperation 11 11.13 Further Assurances 11 11.14 Recording 11 11.15 Conflicts Between Agreements 11 11.16 Counterparts 11 11.17 Joinder by Affiliates of Parties 11 EXHIBITS EXHIBIT A – PARTIES EXHIBIT B – DEFINITIONS EXHIBIT C – INTERPRETATION EXHIBIT D – SERVICE ITEMS EXHIBIT E – PAYMENT FOR SERVICE ITEMS AMENDED AND RESTATED MASTER SITE SERVICES AGREEMENT
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DEFINITIONS AND INTERPRETATIONS 1. 1.1 Definitions 1 1.2 Interpretation 1 1.3 Coordination with Exhibits 1 ARTICLE II THE LIMITED LIABILITY COMPANY 2 2.1 General 2 2.2 Name 2 2.3 Purposes 2 2.4 Limitation 3 2.5 The Members 3 2.6 Issuance of Additional Interests 3 2.7 Term 3 2.8 Registered Agent; Offices 3
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DEFINITIONS AND INTERPRETATIONS 1. Section 1.1 Defined Terms 1 Section 1.2 References 1
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DEFINITIONS AND INTERPRETATIONS 1 
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Related to DEFINITIONS AND INTERPRETATIONS 1

  • Definitions and Interpretations The terms "specifically approved at least annually," "vote of a majority of the outstanding voting securities," "assignment," "affiliated person," and "interested person," when used in this Agreement, shall have the respective meanings specified, and shall be construed in a manner consistent with, the Investment Company Act of 1940 and the rules and regulations promulgated thereunder. Any question of interpretation of any term or provision of this Agreement having a counterpart in or otherwise derived from a term or provision of the Investment Company Act of 1940, the Investment Advisers Act of 1940, the Securities Act of 1933, or the Securities Exchange Act of 1934 (collectively, the "Federal Securities Acts") shall be resolved by reference to such term or provision of the Federal Securities Acts and to interpretations thereof, if any, by United States federal courts or, in the absence of any controlling decisions of any such court, by rules or regulations of the Securities and Exchange Commission. Where the effect of a requirement of the Federal Securities Acts reflected in any provision of this Agreement is revised by rule or regulation of the Securities and Exchange Commission, such provisions shall be deemed to incorporate the effect of such rule or regulation.

  • Definitions and Interpretation 1.1 In this Agreement:

  • Definition and Interpretation 1.1 Except as otherwise defined in the terms or context hereof, the following terms in this Agreement shall have the following meanings:

  • Captions and Interpretation Captions of the paragraphs of this Agreement are for convenience and reference only, and the words contained in those captions shall in no way be held to explain, modify, amplify or aid in the interpretation, construction or meaning of the provisions of this Agreement. The language in all parts to this Agreement, in all cases, shall be construed in accordance with the fair meaning of that language as if that language was prepared by all parties and not strictly for or against any party.

  • Captions and Interpretations Paragraph headings in this Agreement are used solely for convenience, and shall be wholly disregarded in the construction of this Agreement. No provision of this Agreement shall be interpreted for or against a party because that party or its legal representative drafted such provision, and this Agreement shall be construed as if jointly prepared by the Parties.

  • Clarifications and Interpretations It may be determined that clarifications or interpretations of the Contract Documents are necessary. Upon direction by the ODR such clarifications or interpretations will be provided by the A/E consistent with the intent of the Contract Documents. The A/E will issue these clarifications with reasonable promptness to the Contractor as Architect’s Supplemental Instruction (ASI) or similar instrument. If Contractor believes that such clarification or interpretation justifies an adjustment in the Contract Sum or the Contract Time, the Contractor shall so notify the Owner in accordance with the provisions of Article 11.

  • Interpretations and Definitions 2.01 For the purpose of this Agreement:

  • Defined Terms and Interpretation 1.1 In this Agreement, save where the context requires otherwise, the following words, terms and expressions shall have the following meanings: 1998 Act means the Data Protection Act 1998. 2000 Act means the Freedom of Information Act 2000. 2004 Regulations means the Environmental Information Regulations 2004.

  • Definitions Interpretations For purposes of this Agreement, except as otherwise expressly provided or unless the context otherwise requires, the following terms shall have the following respective meanings:

  • INTERPRETATIONS/ DEFINITIONS For the purpose of this agreement for sale, unless the context otherwise requires,-

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