Common use of Form and Interpretation Clause in Contracts

Form and Interpretation. The headings preceding the text of the sections of this Agreement are solely for convenient reference and neither constitute a part of this Agreement nor affect its meaning, interpretation, or effect. Unless otherwise expressly indicated, all references in this Agreement to a section or subsection are to a section or subsection of this Agreement. As used in this Agreement, (a) the word "including" is always without limitation, (b) the word "days" refers to calendar days, including Saturdays, Sundays, and holidays, (c) words in the singular number include words of the plural number and vice versa, (d) the word "person" includes a group, trust, syndicate, corporation, cooperative, association, partnership, business trust, joint venture, limited liability company, unincorporated organization, governmental authority, as well as a natural person, (e) the word "law" means a local, state or national code, rule, treaty, statute, ordinance, or regulation and the common law arising from final non-appealable decisions of governmental authorities and state or federal courts in the United States, and (f) the word "costs" includes all internal expenses, the fees, costs, and expenses of experts, attorneys, mediators, witnesses, consultants, arbitrators, investigators, collection agents, and supersedeas bonds that are incurred in connection with settling, defending, prosecuting, administering, investigating, preparing to defend or prosecute, or participating in (as a party, witness, or otherwise) any proceeding, including trial, appellate, mediation, arbitration, bankruptcy, and administrative proceedings. Each provision of this Agreement should be construed and interpreted so that it is valid and enforceable under applicable law. If a provision of this Agreement (or the application of it) is held by a court to be invalid or unenforceable under applicable law, that provision will be deemed separable from the remaining provisions of this Agreement and will not affect the validity, interpretation, or effect of the other provisions of this Agreement or the application of that provision to a person or circumstance to which it is valid and enforceable.

Form and Interpretation. The headings preceding the text of the sections of this Agreement Note are solely for convenient conve- nient reference and neither constitute a part of this Agreement Note nor affect its meaning, interpretation, or effect. Unless otherwise expressly indicated, all references in this Agreement to a section or subsection are to a section or subsection of this Agreement. As used in this AgreementNote, (ai) the word "“including" ” is always without limitation, (b) the word "days" refers to calendar days, including Saturdays, Sundays, and holidays, (cii) words in the singular number include words of the plural number and vice versa, (diii) the word "“person" includes ” includes, in addition to a groupnatural person, a trust, syndicate, corporation, cooperative, association, partnership, business trust, joint venture, limited liability companyassociation, unincorporated organization, or governmental authority, as well as a natural person, (eiv) the word "“law" means ” includes a local, state or national code, rule, treaty, statute, ordinance, or regulation and the common law arising from final final, non-appealable decisions of governmental authorities state and state or federal courts in the United StatesStates of America, (v) “order” includes a writ, award, order, decree, ruling, judgment, or injunction of any court, tribunal, arbitrator, or governmental authority, (vi) “governmental authority” means a government, a central bank, a securities exchange, a public body or authority, a self-regulatory organization, and any governmental body, agency, branch, authority, commission, department, subdivision, or instrumentality, whether foreign, domestic, or supranational, or local, state, regional, or national, (fvii) the word "“days” means calendar days, including Saturdays, Sundays, and holidays observed by U.S. banks, (viii) the term “business day” means any day other than a Saturday, Sunday, or holiday observed by U.S. banks, (ix) the word “costs" ” includes all internal expenses, the fees, costs, and expenses of agents, experts, attorneys, witnesses, mediators, witnessesarbitrators, accountants, consultants, arbitrators, investigators, collection agents, and supersedeas bonds that are bonds, whether incurred in connection with settlingbefore or after demand for payment or commencement of any legal proceedings, defending, prosecuting, administering, investigating, preparing and whether incurred pursuant to defend or prosecute, or participating in (as a party, witness, or otherwise) any proceeding, including trial, appellate, mediation, arbitration, bankruptcy, administrative, or judgment-execution proceedings, including efforts to obtain relief from any stay if Borrower or any other person liable for payment of this Note becomes subject to a bankruptcy proceeding, and administrative proceedings(x) “lien” means any restriction on the use or transfer of property or any claim or charge in any interest in property securing an obligation owed to or claimed by a person other than the owner of the property, whether the claim or charge exists by reason of statute, contract, or common law, whether or not the interest is recorded or perfected, and irrespective of whether the interest is contingent on the occurrence of some future event or events or the existence of some future circumstance, and includes any lien, pledge, charge, mortgage, security interest, hypothecation, tax assessment, or other encumbrance, or any interest or title of any vendor, lessor, lender, or other secured party to or of the person under any conditional sale or other title retention agreement or capital lease, upon or with respect to any property or asset of the person, or any lien for damages, investigation costs, cleanup costs, and response costs incurred by any governmental authority under any environmental laws, and all reservations, exceptions, encroachments, easements, rights of way, covenants, conditions, restrictions, leases, and other title exceptions and encumbrances affecting real property. Each Whenever possible, each provision of this Agreement Note should be construed and interpreted so that it is valid and enforceable under applicable law. If However, if a provision of in this Agreement (or the application of it) Note is held by a court to be invalid or unenforceable under applicable law, that provision will be deemed separable from the remaining provisions of this Agreement Note and will not affect the validity, interpretation, or effect of the other provisions of this Agreement Note or the application of that provision to a person or circumstance to circumstances in which it is valid and enforceable. L▇▇▇▇▇ and B▇▇▇▇▇▇▇ acknowledge that (A) this Note was drafted by legal counsel for Borrower on behalf of B▇▇▇▇▇▇▇, (B) L▇▇▇▇▇ has been advised that a conflict exists between his interests nd the interests of Borrower, (C) this Note may have significant tax, legal, and financial planning consequences to Lender, (D) Lender should seek the advice of independent counsel regarding those consequences, (E) counsel for B▇▇▇▇▇▇▇ has made no representations to Lender regarding those consequences, and (F) L▇▇▇▇▇ has had the opportunity to seek the advice of independent counsel. Any ambiguity in this Note should not be construed against any of the parties based on any law or rule of contract construction that provides for ambiguity in an agreement to be construed against the party who drafted the agreement, and the parties waive any application of law or rule of construction to that effect. Borrower’s obligations under this Note are independent of any other obligations of Borrower to Lender. All references to “Lender” in this Note include L▇▇▇▇▇’s successors in interest and every person to whom L▇▇▇▇▇ or a subsequent holder of this Note assigns or endorses this Note in accordance with its terms.