ERRONEOUS INTERPRETATION OF THE CONTRACT Sample Clauses

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ERRONEOUS INTERPRETATION OF THE CONTRACT. Consider if in the scenario, a party erroneously interpreted their obligations under the contract § In such a case, in addition to the normal objective analysis of repudiation, consider the following test: o TEST: Is the party persisting in its interpretation willy nilly in the face of a clear enunciation of the correct interpretation? (DTR Nominees v ▇▇▇▇ Homes) § IN EXAM: o X will argue that Y is incorrectly interpreting his obligations under the contract and is therefore repudiating the contract, entitling X to termination. o However, Y will argue that his interpretation IS CORRECT and X’s attempts at terminating the contract amounts to repudiation. o Y will further argue: § X never tried to indicate the correct interpretation of the contract to Y.
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Related to ERRONEOUS INTERPRETATION OF THE CONTRACT

  • Interpretation of Contract In the event of a conflict or question involving the provisions of any part of this Contract, interpretation and clarification as necessary shall be determined by the County’s assigned buyer. If disagreement exists between the Contractor and the County’s assigned buyer in interpreting the provision(s), final interpretation and clarification shall be determined by the County’s Purchasing Agent or his designee.

  • Interpretation of Agreement It is understood that the parties hereto intend this Agreement to be interpreted and enforced so as to provide indemnification to Indemnitee to the fullest extent now or hereafter permitted by law.

  • Contract Interpretation This Agreement is the joint product of each Investor and the Company and each provision hereof has been subject to the mutual consultation, negotiation and agreement of such parties and shall not be construed for or against any party hereto.

  • Governing Law; Interpretation This Agreement shall be interpreted and enforced under the laws of the Commonwealth of Massachusetts, without regard to conflict of law principles. In the event of any dispute, this Agreement is intended by the parties to be construed as a whole, to be interpreted in accordance with its fair meaning, and not to be construed strictly for or against either you or the Company or the “drafter” of all or any portion of this Agreement.

  • Interpretation, etc Any of the terms defined herein may, unless the context otherwise requires, be used in the singular or the plural, depending on the reference. References herein to any Section, Appendix, Schedule or Exhibit shall be to a Section, an Appendix, a Schedule or an Exhibit, as the case may be, hereof unless otherwise specifically provided. The use herein of the word “include” or “including,” when following any general statement, term or matter, shall not be construed to limit such statement, term or matter to the specific items or matters set forth immediately following such word or to similar items or matters, whether or not no limiting language (such as “without limitation” or “but not limited to” or words of similar import) is used with reference thereto, but rather shall be deemed to refer to all other items or matters that fall within the broadest possible scope of such general statement, term or matter.