Interpretation Generally. In the Contract Documents, where appropriate: (a) the singular includes the plural and vice versa; (b) references to statutes or regulations include all statutory or regulatory provisions consolidating, amending, or replacing the statute or regulation referred to; (c) the words “including,” “included,” “includes,” and “include” are deemed to be followed by the words “without limitation”; (d) unless the context requires otherwise, in phrases involving performance by a Person, the words “will”, “must” or “shall” indicate a mandatory requirement imposed on the Person; (e) unless otherwise indicated, references to sections, appendices, and exhibits are to the document that contains such references; (f) words not otherwise defined that have well-known technical or construction industry meanings are used in accordance with such recognized meanings; (g) references to Persons include their respective permitted successors and assigns and, in the case of Governmental Persons, Persons succeeding to their respective functions and capacities; and (h) words of any gender include each other gender where appropriate. Design-Builder acknowledges and agrees that it has independently reviewed the Contract Documents with legal counsel, and that it has the requisite experience and sophistication to understand, interpret, and agree to the language of the Contract Documents. If there is an ambiguity in or dispute regarding the interpretation of the Contract Documents, the Contract Documents will not be construed against the Person who prepared them; instead, other rules of interpretation shall be used.
Appears in 2 contracts
Sources: Design Build Agreement, Design Build Agreement
Interpretation Generally. In the Contract Documents, where appropriate:
(a) the singular includes the plural and vice versa;
(b) references to statutes or regulations include all statutory or regulatory provisions consolidating, amending, or replacing the statute or regulation referred to;
(c) the words “including,” “included,” “includes,” and “include” are deemed to be followed by the words “without limitation”;
(d) unless the context requires otherwise, in phrases involving performance by a Person, the words “will”, “must” or “shall” indicate a mandatory requirement imposed on the Person;
(e) unless otherwise indicated, references to sections, appendices, and exhibits are to the document that contains such references;
(f) words not otherwise defined that have well-known technical or construction industry meanings are used in accordance with such recognized meanings;
(g) references to Persons include their respective permitted successors and assigns and, in the case of Governmental Persons, Persons succeeding to their respective functions and capacities; and
(h) words of any gender include each other gender where appropriate. Design-Builder acknowledges and agrees The parties intend that it has independently reviewed the Contract Documents be interpreted in harmony so as to avoid conflict, with legal counsel, words and that it has the requisite experience and sophistication to understand, interpret, and agree to the language of the Contract Documents. If there is an ambiguity phrases interpreted in or dispute regarding the interpretation of the Contract Documents, the Contract Documents will not be construed against the Person who prepared them; instead, other rules of interpretation shall be useda manner consistent with construction industry standards.
Appears in 1 contract
Sources: Construction Manager / General Contractor Agreement