Interpretive Provisions. A. The meanings of defined terms include the singular and plural forms. B. The words “hereof,” “herein,” “hereunder,” and similar words refer to this Contract as a whole and not to any particular provision, section, Attachment, or schedule of this Contract unless otherwise specified. C. The term “including” is not limiting and means “including without limitation” and, unless otherwise expressly provided in this Contract, (i) references to contracts (including this Contract) and other contractual instruments shall be deemed to include all subsequent Amendments and other modifications, but only to the extent that such Amendments and other modifications are not prohibited by the terms of this Contract, and (ii) references to any statute or regulation are to be construed as including all statutory and regulatory provisions consolidating, amending, replacing, supplementing, or interpreting the statute or regulation. D. Any references to “sections,” “appendices,” or “attachments” are references to sections, appendices, or attachments of the Contract. E. Any references to agreements, contracts, statutes, or administrative rules or regulations in the Contract are references to these documents as amended, modified, or supplemented from time to time during the term of the Contract. F. The captions and headings of this Contract are for convenience of reference only and do not affect the interpretation of this Contract. G. All Attachments, including those incorporated by reference, and any Amendments are considered part of the terms of this Contract. H. This Contract may use several different limitations, regulations, or policies to regulate the same or similar matters. All such limitations, regulations, and policies are cumulative, and each will be performed in accordance with its terms. I. Unless otherwise expressly provided, reference to any action of the System Agency or by the System Agency by way of consent, approval, or waiver will be deemed modified by the phrase “in its sole discretion.” J. Time is of the essence in this Contract.
Appears in 133 contracts
Sources: Contract Affirmations, Health and Human Services Contract Affirmations, Saas Contract
Interpretive Provisions. A. a. The meanings of defined terms include are equally applicable to the singular and plural formsforms of the defined terms.
B. b. The words “hereof,” “herein,” “hereunder,” and similar words refer to this Contract as a whole and not to any particular provision, section, Attachment, or schedule of this Contract unless otherwise specified.
C. c. The term “including” is not limiting and means “including without limitation” and, unless otherwise expressly provided in this Contract, (i) references to contracts (including this Contract) and other contractual instruments shall be deemed to include all subsequent Amendments and other modificationsmodifications thereto, but only to the extent that such Amendments and other modifications are not prohibited by the terms of this Contract, and (ii) references to any statute or regulation are to be construed as including all statutory and regulatory provisions consolidating, amending, replacing, supplementing, or interpreting the statute or regulation.
D. d. Any references to “sections,” “appendices,” or “attachments” are references to sections, appendices, or attachments of the Contract.
E. e. Any references to agreements, contracts, statutes, or administrative rules or regulations in the Contract are references to these documents as amended, modified, or supplemented from time to time during the term of the Contract.
F. f. The captions and headings of this Contract are for convenience of reference only and do not affect the interpretation of this Contract.
G. g. All AttachmentsAttachments within this Contract, including those incorporated by reference, and any Amendments are considered part of the terms of this Contract.
H. h. This Contract may use several different limitations, regulations, or policies to regulate the same or similar matters. All such limitations, regulations, and policies are cumulative, cumulative and each will be performed in accordance with its terms.
I. i. Unless otherwise expressly provided, reference to any action of the System Agency or by the System Agency by way of consent, approval, or waiver will be deemed modified by the phrase “in its sole discretion.”
J. j. Time is of the essence in this Contract.
Appears in 67 contracts
Sources: Health Information Exchange Connectivity Contract, Comprehensive Rehabilitation Services Contract, Grant Agreement
Interpretive Provisions. A. The meanings of defined terms include are equally applicable to the singular and plural formsforms of the defined terms.
B. The words “hereof,” “herein,” “hereunder,” and similar words refer to this Contract as a whole and not to any particular provision, section, Attachment, or schedule of this Contract unless otherwise specified.
C. The term “including” is not limiting and means “including without limitation” and, unless otherwise expressly provided in this Contract, (i) references to contracts (including this Contract) and other contractual instruments shall be deemed to include all subsequent Amendments and other modificationsmodifications thereto, but only to the extent that such Amendments and other modifications are not prohibited by the terms of this Contract, and (ii) references to any statute or regulation are to be construed as including all statutory and regulatory provisions consolidating, amending, replacing, supplementing, or interpreting the statute or regulation.
D. Any references to “sections,” “appendices,” or “attachments” are references to sections, appendices, or attachments of the Contract.
E. Any references to agreements, contracts, statutes, or administrative rules or regulations in the Contract are references to these documents as amended, modified, or supplemented from time to time during the term of the Contract.
F. The captions and headings of this Contract are for convenience of reference only and do shall not affect the interpretation of this Contract.
G. All AttachmentsAttachments within this Contract, including those incorporated by reference, and any Amendments are considered part of the terms of this Contract.
H. This Contract may use several different limitations, regulations, or policies to regulate the same or similar matters. All such limitations, regulations, and policies are cumulative, cumulative and each will shall be performed in accordance with its terms.
I. Unless otherwise expressly provided, reference to any action of the System Agency or by the System Agency by way of consent, approval, or waiver will shall be deemed modified by the phrase “in its sole discretion.”
J. Time is of the essence in this Contract.
Appears in 14 contracts
Sources: Interlocal Agreement, Interlocal Cooperation Contract, Interlocal Cooperation Contract
Interpretive Provisions. A. The meanings table of contents and headings contained in this Agreement are for reference purposes only and will not affect in any way the meaning or interpretation of this Agreement. Terms defined in the singular shall have a comparable meaning when used in the plural, and vice versa; the terms “Dollars” and “$” mean United States Dollars. Reference in this Agreement to gender shall include all genders, and words imparting the singular number only shall include the singular plural and plural forms.
B. vice versa. The words use of the terms “hereunder,” “hereof,” “herein,” “hereunder,hereto” and words of similar words import shall refer to this Contract Agreement as a whole and not to any particular provisionArticle, sectionSection or clause of or Exhibit, Attachment, Annex or schedule Schedule to this Agreement. The use of this Contract unless otherwise specified.
C. The term the terms “including” is not limiting and means or “including include” shall in all cases herein mean “including, without limitation” andor “include, unless otherwise expressly provided in this Contract, (i) references to contracts (including this Contract) and other contractual instruments shall be deemed to include all subsequent Amendments and other modifications, but only without limitation,” respectively. With respect to the extent that determination of any period of time, the word “from” means “from and including” and the words “to” and “until” each means “to but excluding.” Reference to any Person includes such Amendments Person’s predecessors, successors and other modifications assigns to the extent, in the case of successors and assigns, such successors and assigns are not prohibited permitted by the terms of any applicable agreement however, that nothing contained herein is intended to authorize any assignment or transfer not otherwise permitted by this Contract, and (ii) references Agreement. Reference to a Person in a particular capacity excludes such Person in any other capacity or individually. Reference to any statute agreement (including this Agreement), document or regulation are instrument means such agreement, document or instrument as amended or modified and in effect from time to be construed as including all statutory and regulatory provisions consolidatingtime in accordance with the terms thereof and, amendingif applicable, replacing, supplementing, or interpreting the statute or regulation.
D. Any references terms hereof. Reference to “sections,” “appendices,” or “attachments” are references to sections, appendices, or attachments of the Contract.
E. Any references to agreements, contracts, statutes, or administrative rules or regulations in the Contract are references to these documents any Law means such Law as amended, modified, codified, replaced or supplemented from time to time during the term of the Contract.
F. The captions and headings of this Contract are for convenience of reference only and do not affect the interpretation of this Contract.
G. All Attachmentsre-enacted, in whole or in part, including those incorporated by reference, and any Amendments are considered part of the terms of this Contract.
H. This Contract may use several different limitationsrules, regulations, enforcement procedures and any interpretations promulgated thereunder. Underscored references to Articles, Sections, Exhibits or policies Schedules shall refer to regulate those portions of this Agreement. In the same event of a conflict between language or similar matters. All such limitationsamounts contained in the body of this Agreement and language or amounts contained in the Exhibits attached hereto, regulations, and policies are cumulative, and each will be performed the language or amounts in accordance with its terms.
I. Unless otherwise expressly provided, reference to any action the body of the System Agency or by the System Agency by way of consent, approval, or waiver will be deemed modified by the phrase “in its sole discretionAgreement shall control.”
J. Time is of the essence in this Contract.
Appears in 11 contracts
Sources: Stock Purchase Agreement (Crisp Momentum Inc.), Securities Purchase Agreement (Hycroft Mining Holding Corp), Stock Purchase Agreement (OpenLocker Holdings, Inc.)
Interpretive Provisions.
A. The meanings of defined terms include the singular and plural forms.
B. The words “hereof,” “herein,” “hereunder,” and similar words refer to this Contract as a whole and not to any particular provision, section, Attachment, or schedule of this Contract unless otherwise specified.
C. The term “including” is not limiting and means “including without limitation” and, unless otherwise expressly provided in this Contract, (i) references to contracts (including this Contract) and other contractual instruments shall be deemed to include all subsequent Amendments and other modifications, but only to the extent that such Amendments and other modifications are not prohibited by the terms of this Contract, and (ii) references to any statute or regulation are to be construed as including all statutory and regulatory provisions consolidating, amending, replacing, supplementing, or interpreting the statute or regulation.
D. Any references to “sections,” “appendices,” or “attachments” are references to sections, appendices, or attachments of the Contract.
E. Any references to agreements, contracts, statutes, or administrative rules or regulations in the Contract are references to these documents as amended, modified, or supplemented from time to time during the term of the Contract.
F. The captions and headings of this Contract are for convenience of reference only and do not affect the interpretation of this Contract.
G. All Attachments, including those incorporated by reference, and any Amendments are considered part of the terms of this Contract.
H. This Contract may use several different limitations, regulations, or policies to regulate the same or similar matters. All such limitations, regulations, and policies are cumulative, and each will be performed in accordance with its terms.
I. Unless otherwise expressly provided, reference to any action of the System Agency or by the System Agency by way of consent, approval, or waiver will be deemed modified by the phrase “in its sole discretion.”
J. Time is of the essence in this Contract.
Appears in 7 contracts
Sources: Contract for Hospice Services, Health and Human Services Contract Affirmations, Contract Affirmations
Interpretive Provisions. A. a) The meanings of defined terms include apply to the singular and plural forms.forms of the defined terms;
B. b) The words “hereof,” “herein,” “hereunder,” and similar words refer to this Contract as a whole and not to any particular provision, section, Attachmentattachment, or payment benchmark schedule of this Contract Contract, unless otherwise specified.;
C. c) The term “including” is not limiting limited, and means “including including, without limitation” and, unless otherwise expressly provided in this Contract, (i;
d) references References to contracts (including this Contract) and other contractual instruments shall be deemed to include all subsequent Amendments and other modificationsmodifications thereto, but only to the extent that such Amendments and other modifications are not prohibited by the terms of this Contract;
e) References to contracts include subsequent amendments and other modifications thereto, to the extent such amendments and modifications are not prohibited by the terms of this Contract, and (ii) references a reference to any a statute or regulation are to be construed as including all includes statutory and or regulatory provisions consolidating, amending, replacing, supplementing, or interpreting the statute or regulation.;
D. Any references to “sections,” “appendices,” or “attachments” are references to sections, appendices, or attachments of the Contract.
E. Any references to agreements, contracts, statutes, or administrative rules or regulations in the Contract are references to these documents as amended, modified, or supplemented from time to time during the term of the Contract.
F. f) The captions and headings of this Contract are for convenience of reference only and do shall not affect the interpretation of this Contract.;
G. g) All AttachmentsAttachments to this Contract, including those incorporated by reference, and any Amendments amendments are considered part of the terms of this Contract.;
H. h) This Contract may use several different limitations, regulations, or policies to regulate the same or similar matters. All Each such limitationslimitation, regulationsregulation, and policies policy are cumulative, cumulative and each will shall be performed in accordance with its terms.;
I. i) Unless otherwise expressly provided, reference to any action of the System Agency GLO or by the System Agency GLO by way of consent, approval, or waiver will shall be deemed modified by the phrase “in its the sole discretiondiscretion of the GLO.”” Notwithstanding the preceding sentence, any approval, consent, or waiver required by, or requested of, the GLO shall not be unreasonably withheld or delayed;
J. j) All due dates and/or deadlines referenced in this Contract that occur on a weekend or holiday shall be considered as if occurring on the next business day;
k) All time periods in this Contract shall commence on the day after the date on which the applicable event occurred, report is submitted, or request is received;
l) Time is of the essence in this Contract.; and
m) In the event of conflicts or inconsistencies between this Contract and its attachments, such conflicts or inconsistencies shall be resolved by reference to the documents in the following order or priority: 1) Attachment D; 2) the Contract; 3) GLO-approved Program Guidelines;
Appears in 6 contracts
Sources: Grant Agreement, Grant Agreement, Grant Agreement
Interpretive Provisions. A. The meanings of defined terms include the singular and plural forms.
B. The words “hereof,” “herein,” “hereunder,” and similar words refer to this Contract as a whole and not to any particular provision, section, Attachment, or schedule of this Contract unless otherwise specified.
C. The term “including” is not limiting and means “including without limitation” and, unless otherwise expressly provided in this Contract, (i) references to contracts (including this Contract) and other contractual instruments shall be deemed to include all subsequent Amendments and other modifications, but only to the extent that such Amendments and other modifications are not prohibited by the terms of this Contract, and (ii) references to any statute or regulation are to be construed as including all statutory and regulatory provisions consolidating, amending, replacing, supplementing, or interpreting the statute or regulation.
D. Any references to “sections,” “appendices,” or “attachments” are references to sections, appendices, or attachments of the Contract.
E. Any references to agreements, contracts, statutes, or administrative rules or regulations in the Contract are references to these documents as amended, modified, or supplemented from time to time during the term of the Contract.
F. The captions and headings of this Contract are for convenience of reference only and do not affect the interpretation of this Contract.
G. All Attachments, including those incorporated by reference, and any Amendments are considered part of the terms of this Contract.
H. This Contract may use several different limitations, regulations, or policies to regulate the same or similar matters. All such limitations, regulations, and policies are cumulative, cumulative and each will be performed in accordance with its terms.
I. Unless otherwise expressly provided, reference to any action of the System Agency or by the System Agency by way of consent, approval, or waiver will be deemed modified by the phrase “in its sole discretion.”
J. Time is of the essence in this Contract.
Appears in 4 contracts
Sources: Contract, Contract, Grant Contract
Interpretive Provisions. A. (a) The meanings of defined terms include are equally applicable to the singular and plural forms.forms of the defined terms;
B. (b) The words “hereof,” “herein,” “hereunder,” and similar words refer to this Contract as a whole and not to any particular provision, section, Attachmentattachment, work order, or schedule of this Contract Contract, unless otherwise specified.;
C. (c) The term “including” is not limiting limiting, and means “including including, without limitation” and, unless otherwise expressly provided in this Contract, ,
(id) references References to contracts (including this Contract) and other contractual instruments shall be deemed to include all subsequent Amendments and other modificationsmodifications thereto, but only to the extent that such Amendments and other modifications are not prohibited by the terms of this Contract, and :
(iie) references References to any statute or regulation are to be construed as including all statutory and regulatory provisions consolidating, amending, replacing, supplementing, or interpreting the statute or regulation.
D. Any references to “sections,” “appendices,” or “attachments” are references to sections, appendices, or attachments of the Contract.
E. Any references to agreements, contracts, statutes, or administrative rules or regulations in the Contract are references to these documents as amended, modified, or supplemented may be amended from time to time during the term of the Contract.time;
F. (f) The captions and headings of this Contract are for convenience of reference only and do shall not affect the interpretation of this Contract.;
G. (g) All AttachmentsAttachments within this Contract, including those incorporated by reference, and any Amendments Amendments, are considered part of the terms of this Contract.;
H. (h) This Contract may use several different limitations, regulations, or policies to regulate the same or similar matters, which will be clearly identified in the Contract. All such limitations, regulations, and policies are cumulative, cumulative and each will shall be performed in accordance with its terms.;
I. (i) Unless otherwise expressly provided, reference to any action of the System Agency GLO or by the System Agency GLO by way of consent, approval, or waiver will shall be deemed modified by the phrase “in its the sole discretion.discretion of the GLO”;
J. (j) All due dates and/or deadlines referenced in this Contract that occur on a weekend or holiday shall be considered as if occurring on the next business day of Subrecipient;
(k) All time periods in this Contract shall commence on the day after the date on which the applicable event occurred, report is submitted, or request is received;
(l) Time is of the essence in this Contract;
(m) In the event of conflicts or inconsistencies between this contract and its attachments, such conflicts or inconsistencies shall be resolved by reference to the documents in the following order of priority: 1) any and all applicable federal and state laws, rules, and regulations; 2) the Contract; 3) GLO-approved Program guidelines; 4) Performance Statements; and 5) Attachments to the Contract: Attachment A, Attachment B, Attachment E, Attachment C, Attachment D, Attachment F, and Attachment G. ARTICLE II – REIMBURSEMENT, ADVANCE PAYMENT, BUDGET VARIANCE, AND INCOME
2.01 REIMBURSEMENT REQUESTS Each invoice submitted by Subrecipient shall be supported by actual receipts, cancelled checks, and/or such other documentation that, in the judgment of the GLO, allows for full substantiation of the costs incurred. The GLO shall issue and provide to Subrecipient a Technical Guidance Letter containing the GLO-established invoice submission procedures required under this Contract. Prior to the issuance of the Technical Guidance Letter, the GLO will provide Subrecipient instructions for interim invoicing processes.
Appears in 3 contracts
Sources: Subrecipient Agreement, Subrecipient Agreement, Subrecipient Agreement
Interpretive Provisions. A. The meanings For all purposes of defined this Agreement, except as otherwise expressly provided or unless the context otherwise requires, (i) terms include used in this Agreement include, as appropriate, all genders and the singular and plural forms.
B. The as well as the singular, (ii) references to words such as “herein”, “hereof,” “herein,” “hereunder,” ”, and similar words the like shall refer to this Contract Agreement as a whole and not to any particular provisionpart, section, AttachmentArticle, or schedule of Section within this Contract unless otherwise specified.
C. The Agreement, (iii) the term “includinginclude” is not limiting and means all variations thereof shall mean “including include without limitation”, (iv) the term “or” andshall include “and/or”, unless otherwise expressly provided (v) the term “proceeds” shall have the meaning ascribed thereto in the UCC and (vi) any defined term that relates to a document shall include within its definition any amendments, modifications, renewals, restatements, extensions, supplements, or substitutions that have been or are hereafter executed and delivered in accordance with the terms thereof, except that references to the SUBI Trust Agreement include only such items as relate to the 2006-A SUBI and the Titling Trust. Any reference in this ContractAgreement to any agreement means such agreement as it may be amended, restated, supplemented (i) references to contracts (including this Contract) and other contractual instruments shall be deemed to include all subsequent Amendments and other modifications, but only to the extent such agreement as supplemented relates to the Notes), or otherwise modified from time to time, except that such Amendments and other modifications are not prohibited by the terms of this Contract, and (ii) references to the SUBI Trust Agreement include only such items as relate to the 2006-A SUBI and the Titling Trust. Any reference in this Agreement to any statute or regulation are to be construed as including all statutory and regulatory provisions consolidatinglaw, amendingstatute, replacingregulation, supplementingrule, or interpreting the statute or other legislative action shall mean such law, statute, regulation.
D. Any references to “sections,” “appendices,” or “attachments” are references to sections, appendicesrule, or attachments of the Contract.
E. Any references to agreements, contracts, statutes, or administrative rules or regulations in the Contract are references to these documents other legislative action as amended, modifiedsupplemented, or supplemented otherwise modified from time to time during the term of the Contract.
F. The captions and headings of this Contract are for convenience of reference only and do not affect the interpretation of this Contract.
G. All Attachments, including those incorporated by referencetime, and shall include any Amendments are considered part of the terms of this Contract.
H. This Contract may use several different limitations, regulations, rule or policies to regulate the same or similar mattersregulation promulgated thereunder. All such limitations, regulations, and policies are cumulative, and each will be performed in accordance with its terms.
I. Unless otherwise expressly provided, Any reference to any action of the System Agency or by the System Agency by way of consent, approval, or waiver will be deemed modified by the phrase “in its sole discretion.”
J. Time is of the essence in this ContractAgreement to a Person shall include the successor or permitted assignee of such Person.
Appears in 2 contracts
Sources: Trust Subi Certificate Transfer Agreement (Nissan Auto Leasing LLC Ii), Subi Certificate Transfer Agreement (Nissan Auto Leasing LLC Ii)
Interpretive Provisions. A. Unless expressly provided otherwise, any term which is defined by the UCC, wherever used in this Agreement, shall have the same meaning as is prescribed by the UCC. The meanings of defined terms include are equally applicable to the singular and plural forms.
B. forms of the defined terms. The words “hereof,” “herein,” “hereunder,” and similar words refer to this Contract Agreement as a whole and not to any particular provision, section, Attachment, or schedule provision of this Contract unless otherwise specified.
C. Agreement. Unless the context indicates otherwise, references to “Section,” “Subsection,” “clause” “Schedule” and “Exhibit” are references to this Agreement. The term “documents” (if not capitalized as a defined term) includes any and all instruments, documents, agreements, certificates, indentures, notices and other writings, however evidenced. The term “including” is not limiting and means “including without limitation.” andUnless the context requires otherwise, in the computation of periods of time from a specified date to a later specified date, the word “from” means “from and including,” the words “to” and “until” each mean “to but excluding” and the word “through” means “to and including.” The term “discretion” when used in reference to a Person means, unless qualified by the word(s) “reasonable” or Permitted Discretion, the sole and absolute discretion of such Person, honestly determined by such Person under the circumstances. Unless otherwise expressly provided in this Contractherein, (i) references to contracts agreements (including this ContractAgreement) and other contractual instruments documents shall be deemed to include all subsequent Amendments and other modificationsamendments, but only to the extent that such Amendments restatements and other modifications are not prohibited by the terms of this Contractthereto, and (ii) references to any statute or regulation are to be construed as including all statutory and regulatory provisions consolidating, amending, replacing, supplementing, supplementing or interpreting the statute or regulation.
D. Any references to “sections,” “appendices,” or “attachments” are references to sections, appendices, or attachments of the Contract.
E. Any references to agreements, contracts, statutes, or administrative rules or regulations in the Contract are references to these documents as amended, modified, or supplemented from time to time during the term of the Contract.
F. . The captions and headings of this Contract Agreement are for convenience of reference only and do shall not affect the interpretation of this Contract.
G. All AttachmentsAgreement. This Agreement and the other Loan Documents are the result of negotiations among the parties, including those incorporated have been reviewed by referencecounsel to each party and are the products of all parties, and any Amendments are considered part in consideration thereof, it is agreed that they shall not be construed against either party solely because of the terms of this Contract.
H. This Contract may use several different limitations, regulations, or policies to regulate the same or similar matterssuch party’s involvement in their preparation. All such limitations, regulations, and policies are cumulative, and each will be performed in accordance with its terms.
I. Unless otherwise expressly providedspecified, any reference to any action of the System Agency or by the System Agency by way of consent, approval, or waiver will time shall be deemed modified by the phrase “to mean Central Standard Time or Central Daylight Time, as applicable, as in its sole discretioneffect in Dallas County, Texas.”
J. Time is of the essence in this Contract.
Appears in 2 contracts
Sources: Loan and Security Agreement (Air Industries Group), Loan and Security Agreement (Digirad Corp)
Interpretive Provisions. A. The meanings For purposes of defined terms include this Agreement, (a) the singular words “including” and plural forms.
B. The “include” shall be deemed to be followed by the words “without limitation,” (b) the words “herein,” “hereof,” “hereinhereby,” “hereto” or “hereunder,” and similar words refer to this Contract Agreement as a whole and not to any particular provisionwhole, section, Attachment, or schedule of this Contract unless otherwise specified.
C. The (c) term “includingknowledge” when used in the phrases “to the knowledge of Parent,” “to Parent’s knowledge,” “Parent has no knowledge” or words of similar import shall mean, and shall be limited to, the actual knowledge of the individuals listed in Exhibit 1.1 and shall include only their actual present knowledge in their respective capacities with Parent or Performance Packaging, without any imputation of the actual or imputed knowledge of any other person or duty to conduct any inquiry or investigation, and (d) references to “$” refer to United States Dollars. When calculating the period of time before which, within which or following which any act is required to be done pursuant to this Agreement, the date that is the reference date in calculating such period shall be excluded and, if the last day of such period is not limiting and means “including without limitation” anda Business Day, unless the period in question shall end on the next succeeding Business Day. Unless the context otherwise expressly provided requires, references in this Contract, Agreement (i) references to contracts (including Articles, Sections, Exhibits and Schedules mean the Articles and Sections of, and the Exhibits and Schedules attached to, this Contract) and other contractual instruments shall be deemed to include all subsequent Amendments and other modifications, but only to the extent that such Amendments and other modifications are not prohibited by the terms of this Contract, Agreement and (ii) references to any statute an agreement, instrument or regulation are to be construed as including all statutory and regulatory provisions consolidatingother document means such agreement, amending, replacing, supplementing, instrument or interpreting the statute or regulation.
D. Any references to “sections,” “appendices,” or “attachments” are references to sections, appendices, or attachments of the Contract.
E. Any references to agreements, contracts, statutes, or administrative rules or regulations in the Contract are references to these documents other document as amended, modified, or supplemented and modified from time to time during to the term extent permitted by the provisions thereof. The Schedules and Exhibits referred to in this Agreement shall be construed with and as an integral part of this Agreement. Capitalized terms used but not otherwise defined in the Contract.
F. The captions Schedules and Exhibits referred to in this Agreement shall have the meanings set forth in this Agreement. Titles to Articles and headings of this Contract Sections are inserted for convenience of reference only and do shall not be deemed a part of or to affect the meaning or interpretation of this Contract.
G. All AttachmentsAgreement. Notwithstanding the fact that this Agreement has been drafted or prepared by one of the Parties, including those incorporated each Party confirms that both it and its counsel have reviewed, negotiated and adopted this Agreement as the joint agreement and understanding of the Parties. The language used in this Agreement shall be deemed to be the language chosen by referencethe Parties to express their mutual intent, and no rule of strict construction shall be applied against any Amendments are considered part of the terms of this Contract.
H. This Contract may use several different limitations, regulations, or policies to regulate the same or similar mattersParty. All such limitations, regulations, and policies are cumulative, and each will be performed in accordance with its terms.
I. Unless otherwise expressly provided, Any reference to any action of the System Agency or by the System Agency by way of consent, approval, or waiver will “Performance Packaging” herein shall be deemed modified by to be a reference to either or both of American Plastics Company, Inc. and New England Extrusion Inc. as the phrase “in its sole discretioncontext requires.”
J. Time is of the essence in this Contract.
Appears in 2 contracts
Sources: Stock Purchase Agreement (Paperweight Development Corp), Stock Purchase Agreement (Paperweight Development Corp)
Interpretive Provisions. A. The meanings For all purposes of defined this Agreement, except as otherwise expressly provided or unless the context otherwise requires, (i) terms include used in this Agreement include, as appropriate, all genders and the singular plural as well as the singular, (ii) references to words such as "herein", "hereof", and plural forms.
B. The words “hereof,” “herein,” “hereunder,” and similar words the like shall refer to this Contract Agreement as a whole and not to any particular provisionpart, section, AttachmentArticle, or schedule of Section within this Contract unless otherwise specified.
C. The Agreement, (iii) the term “including” is not limiting "include" and means “including all variations thereof shall mean "include without limitation” and", unless otherwise expressly provided (iv) the term "or" shall include "and/or", (v) the term "proceeds" shall have the meaning ascribed thereto in the UCC, and (vi) any defined term that relates to a document shall include within its definition any amendments, modifications, renewals, restatements, extensions, supplements, or substitutions that have been or are hereafter executed and delivered in accordance with the terms thereof, except that references to the SUBI Trust Agreement include only such items as relate to the 2004-A SUBI and the Titling Trust. Any reference in this Contract2004-A SUBI Certificate Transfer Agreement to any agreement means such agreement as it may be amended, restated, supplemented (i) references to contracts (including this Contract) and other contractual instruments shall be deemed to include all subsequent Amendments and other modifications, but only to the extent such agreement as supplemented relates to the Notes), or otherwise modified from time to time, except that such Amendments and other modifications are not prohibited by the terms of this Contract, and (ii) references to the SUBI Trust Agreement include only such items as relate to the 2004-A SUBI and the Titling Trust. Any reference in this 2004-A SUBI Certificate Transfer Agreement to any statute or regulation are to be construed as including all statutory and regulatory provisions consolidatinglaw, amendingstatute, replacingregulation, supplementingrule, or interpreting the statute or other legislative action shall mean such law, statute, regulation.
D. Any references to “sections,” “appendices,” or “attachments” are references to sections, appendicesrule, or attachments of the Contract.
E. Any references to agreements, contracts, statutes, or administrative rules or regulations in the Contract are references to these documents other legislative action as amended, modifiedsupplemented, or supplemented otherwise modified from time to time during the term of the Contract.
F. The captions and headings of this Contract are for convenience of reference only and do not affect the interpretation of this Contract.
G. All Attachments, including those incorporated by referencetime, and shall include any Amendments are considered part of the terms of this Contract.
H. This Contract may use several different limitations, regulations, rule or policies to regulate the same or similar mattersregulation promulgated thereunder. All such limitations, regulations, and policies are cumulative, and each will be performed in accordance with its terms.
I. Unless otherwise expressly provided, Any reference to any action of the System Agency or by the System Agency by way of consent, approval, or waiver will be deemed modified by the phrase “in its sole discretion.”
J. Time is of the essence in this Contract2004-A SUBI Certificate Transfer Agreement to a Person shall include the successor or assignee of such Person.
Appears in 2 contracts
Sources: Subi Certificate Transfer Agreement (Nissan Auto Lease Trust 2004-A), Subi Certificate Transfer Agreement (Nissan Auto Lease Trust 2004-A)
Interpretive Provisions. A. The meanings For all purposes of defined this Agreement, except as otherwise expressly provided or unless the context otherwise requires, (i) terms include used in this Agreement include, as appropriate, all genders and the singular and plural forms.
B. The as well as the singular, (ii) references to words such as “herein”, “hereof,” “herein,” “hereunder,” ”, and similar words the like shall refer to this Contract Agreement as a whole and not to any particular provisionpart, section, AttachmentArticle, or schedule of Section within this Contract unless otherwise specified.
C. The Agreement, (iii) the term “includinginclude” is not limiting and means all variations thereof shall mean “including include without limitation”, (iv) the term “or” andshall include “and/or”, unless otherwise expressly provided (v) the term “proceeds” shall have the meaning ascribed thereto in the UCC and (vi) any defined term that relates to a document shall include within its definition any amendments, modifications, renewals, restatements, extensions, supplements, or substitutions that have been or are hereafter executed and delivered in accordance with the terms thereof, except that references to the SUBI Trust Agreement include only such items as relate to the 2007-A SUBI and the Titling Trust. Any reference in this ContractAgreement to any agreement means such agreement as it may be amended, restated, supplemented (i) references to contracts (including this Contract) and other contractual instruments shall be deemed to include all subsequent Amendments and other modifications, but only to the extent such agreement as supplemented relates to the Notes), or otherwise modified from time to time, except that such Amendments and other modifications are not prohibited by the terms of this Contract, and (ii) references to the SUBI Trust Agreement include only such items as relate to the 2007-A SUBI and the Titling Trust. Any reference in this Agreement to any statute or regulation are to be construed as including all statutory and regulatory provisions consolidatinglaw, amendingstatute, replacingregulation, supplementingrule, or interpreting the statute or other legislative action shall mean such law, statute, regulation.
D. Any references to “sections,” “appendices,” or “attachments” are references to sections, appendicesrule, or attachments of the Contract.
E. Any references to agreements, contracts, statutes, or administrative rules or regulations in the Contract are references to these documents other legislative action as amended, modifiedsupplemented, or supplemented otherwise modified from time to time during the term of the Contract.
F. The captions and headings of this Contract are for convenience of reference only and do not affect the interpretation of this Contract.
G. All Attachments, including those incorporated by referencetime, and shall include any Amendments are considered part of the terms of this Contract.
H. This Contract may use several different limitations, regulations, rule or policies to regulate the same or similar mattersregulation promulgated thereunder. All such limitations, regulations, and policies are cumulative, and each will be performed in accordance with its terms.
I. Unless otherwise expressly provided, Any reference to any action of the System Agency or by the System Agency by way of consent, approval, or waiver will be deemed modified by the phrase “in its sole discretion.”
J. Time is of the essence in this ContractAgreement to a Person shall include the successor or permitted assignee of such Person.
Appears in 2 contracts
Sources: Subi Certificate Transfer Agreement (Nissan Auto Leasing LLC Ii), Trust Subi Certificate Transfer Agreement (Nissan Auto Leasing LLC Ii)
Interpretive Provisions. A. The meanings For all purposes of defined this Agreement, except as otherwise expressly provided or unless the context otherwise requires, (i) terms include used in this Agreement include, as appropriate, all genders and the singular and plural forms.
B. The as well as the singular, (ii) references to words such as “herein”, “hereof,” “herein,” “hereunder,” ”, and similar words the like shall refer to this Contract Agreement as a whole and not to any particular provisionpart, section, AttachmentArticle, or schedule of Section within this Contract unless otherwise specified.
C. The Agreement, (iii) the term “includinginclude” is not limiting and means all variations thereof shall mean “including include without limitation”, (iv) the term “or” andshall include “and/or”, unless otherwise expressly provided (v) the term “proceeds” shall have the meaning ascribed thereto in the UCC and (vi) any defined term that relates to a document shall include within its definition any amendments, modifications, renewals, restatements, extensions, supplements, or substitutions that have been or are hereafter executed and delivered in accordance with the terms thereof, except that references to the SUBI Trust Agreement include only such items as relate to the 2009-A SUBI and the Titling Trust. Any reference in this ContractAgreement to any agreement means such agreement as it may be amended, restated, supplemented (i) references to contracts (including this Contract) and other contractual instruments shall be deemed to include all subsequent Amendments and other modifications, but only to the extent such agreement as supplemented relates to the Notes), or otherwise modified from time to time, except that such Amendments and other modifications are not prohibited by the terms of this Contract, and (ii) references to the SUBI Trust Agreement include only such items as relate to the 2009-A SUBI and the Titling Trust. Any reference in this Agreement to any statute or regulation are to be construed as including all statutory and regulatory provisions consolidatinglaw, amendingstatute, replacingregulation, supplementingrule, or interpreting the statute or other legislative action shall mean such law, statute, regulation.
D. Any references to “sections,” “appendices,” or “attachments” are references to sections, appendicesrule, or attachments of the Contract.
E. Any references to agreements, contracts, statutes, or administrative rules or regulations in the Contract are references to these documents other legislative action as amended, modifiedsupplemented, or supplemented otherwise modified from time to time during the term of the Contract.
F. The captions and headings of this Contract are for convenience of reference only and do not affect the interpretation of this Contract.
G. All Attachments, including those incorporated by referencetime, and shall include any Amendments are considered part of the terms of this Contract.
H. This Contract may use several different limitations, regulations, rule or policies to regulate the same or similar mattersregulation promulgated thereunder. All such limitations, regulations, and policies are cumulative, and each will be performed in accordance with its terms.
I. Unless otherwise expressly provided, Any reference to any action of the System Agency or by the System Agency by way of consent, approval, or waiver will be deemed modified by the phrase “in its sole discretion.”
J. Time is of the essence in this ContractAgreement to a Person shall include the successor or permitted assignee of such Person.
Appears in 2 contracts
Sources: Subi Certificate Transfer Agreement (Nissan Auto Leasing LLC Ii), Trust Subi Certificate Transfer Agreement (Nissan Auto Leasing LLC Ii)
Interpretive Provisions. A. The meanings For all purposes of defined this Agreement, except as otherwise expressly provided or unless the context otherwise requires, (i) terms include used in this Agreement include, as appropriate, all genders and the singular and plural forms.
B. The as well as the singular, (ii) references to words such as “herein”, “hereof,” “herein,” “hereunder,” ”, and similar words the like shall refer to this Contract Agreement as a whole and not to any particular provisionpart, section, AttachmentArticle, or schedule of Section within this Contract unless otherwise specified.
C. The Agreement, (iii) the term “includinginclude” is not limiting and means all variations thereof shall mean “including include without limitation”, (iv) the term “or” andshall include “and/or”, unless otherwise expressly provided (v) the term “proceeds” shall have the meaning ascribed thereto in the UCC and (vi) any defined term that relates to a document shall include within its definition any amendments, modifications, renewals, restatements, extensions, supplements, or substitutions that have been or are hereafter executed and delivered in accordance with the terms thereof, except that references to the SUBI Trust Agreement include only such items as relate to the 2008-A SUBI and the Titling Trust. Any reference in this ContractAgreement to any agreement means such agreement as it may be amended, restated, supplemented (i) references to contracts (including this Contract) and other contractual instruments shall be deemed to include all subsequent Amendments and other modifications, but only to the extent such agreement as supplemented relates to the Notes), or otherwise modified from time to time, except that such Amendments and other modifications are not prohibited by the terms of this Contract, and (ii) references to the SUBI Trust Agreement include only such items as relate to the 2008-A SUBI and the Titling Trust. Any reference in this Agreement to any statute or regulation are to be construed as including all statutory and regulatory provisions consolidatinglaw, amendingstatute, replacingregulation, supplementingrule, or interpreting the statute or other legislative action shall mean such law, statute, regulation.
D. Any references to “sections,” “appendices,” or “attachments” are references to sections, appendicesrule, or attachments of the Contract.
E. Any references to agreements, contracts, statutes, or administrative rules or regulations in the Contract are references to these documents other legislative action as amended, modifiedsupplemented, or supplemented otherwise modified from time to time during the term of the Contract.
F. The captions and headings of this Contract are for convenience of reference only and do not affect the interpretation of this Contract.
G. All Attachments, including those incorporated by referencetime, and shall include any Amendments are considered part of the terms of this Contract.
H. This Contract may use several different limitations, regulations, rule or policies to regulate the same or similar mattersregulation promulgated thereunder. All such limitations, regulations, and policies are cumulative, and each will be performed in accordance with its terms.
I. Unless otherwise expressly provided, Any reference to any action of the System Agency or by the System Agency by way of consent, approval, or waiver will be deemed modified by the phrase “in its sole discretion.”
J. Time is of the essence in this ContractAgreement to a Person shall include the successor or permitted assignee of such Person.
Appears in 2 contracts
Sources: Subi Certificate Transfer Agreement (Nissan-Infiniti Lt), Trust Subi Certificate Transfer Agreement (Nissan-Infiniti Lt)
Interpretive Provisions. A. The meanings For all purposes of defined this Agreement, except as otherwise expressly provided or unless the context otherwise requires, (i) terms include used in this Agreement include, as appropriate, all genders and the singular and plural forms.
B. The as well as the singular, (ii) references to words such as “herein”, “hereof,” “herein,” “hereunder,” ”, and similar words the like shall refer to this Contract Agreement as a whole and not to any particular provisionpart, section, AttachmentArticle, or schedule of Section within this Contract unless otherwise specified.
C. The Agreement, (iii) the term “includinginclude” is not limiting and means all variations thereof shall mean “including include without limitation”, (iv) the term “or” andshall include “and/or”, unless otherwise expressly provided (v) the term “proceeds” shall have the meaning ascribed thereto in the UCC and (vi) any defined term that relates to a document shall include within its definition any amendments, modifications, renewals, restatements, extensions, supplements, or substitutions that have been or are hereafter executed and delivered in accordance with the terms thereof, except that references to the SUBI Trust Agreement include only such items as relate to the 2010-A SUBI and the Titling Trust. Any reference in this ContractAgreement to any agreement means such agreement as it may be amended, restated, supplemented (i) references to contracts (including this Contract) and other contractual instruments shall be deemed to include all subsequent Amendments and other modifications, but only to the extent such agreement as supplemented relates to the Notes), or otherwise modified from time to time, except that such Amendments and other modifications are not prohibited by the terms of this Contract, and (ii) references to the SUBI Trust Agreement include only such items as relate to the 2010-A SUBI and the Titling Trust. Any reference in this Agreement to any statute or regulation are to be construed as including all statutory and regulatory provisions consolidatinglaw, amendingstatute, replacingregulation, supplementingrule, or interpreting the statute or other legislative action shall mean such law, statute, regulation.
D. Any references to “sections,” “appendices,” or “attachments” are references to sections, appendicesrule, or attachments of the Contract.
E. Any references to agreements, contracts, statutes, or administrative rules or regulations in the Contract are references to these documents other legislative action as amended, modifiedsupplemented, or supplemented otherwise modified from time to time during the term of the Contract.
F. The captions and headings of this Contract are for convenience of reference only and do not affect the interpretation of this Contract.
G. All Attachments, including those incorporated by referencetime, and shall include any Amendments are considered part of the terms of this Contract.
H. This Contract may use several different limitations, regulations, rule or policies to regulate the same or similar mattersregulation promulgated thereunder. All such limitations, regulations, and policies are cumulative, and each will be performed in accordance with its terms.
I. Unless otherwise expressly provided, Any reference to any action of the System Agency or by the System Agency by way of consent, approval, or waiver will be deemed modified by the phrase “in its sole discretion.”
J. Time is of the essence in this ContractAgreement to a Person shall include the successor or permitted assignee of such Person.
Appears in 2 contracts
Sources: Trust Subi Certificate Transfer Agreement (Nissan Auto Lease Trust 2010-A), Subi Certificate Transfer Agreement (Nissan Auto Lease Trust 2010-A)
Interpretive Provisions. A. The meanings For all purposes of defined this Agreement, except as otherwise expressly provided or unless the context otherwise requires, (i) terms include used in this Agreement include, as appropriate, all genders and the singular and plural forms.
B. The as well as the singular, (ii) references to words such as “herein”, “hereof,” “herein,” “hereunder,” ”, and similar words the like shall refer to this Contract Agreement as a whole and not to any particular provisionpart, section, AttachmentArticle, or schedule of Section within this Contract unless otherwise specified.
C. The Agreement, (iii) the term “includinginclude” is not limiting and means all variations thereof shall mean “including include without limitation”, (iv) the term “or” andshall include “and/or”, unless otherwise expressly provided (v) the term “proceeds” shall have the meaning ascribed thereto in the UCC and (vi) any defined term that relates to a document shall include within its definition any amendments, modifications, renewals, restatements, extensions, supplements, or substitutions that have been or are hereafter executed and delivered in accordance with the terms thereof, except that references to the SUBI Trust Agreement include only such items as relate to the 2009-B SUBI and the Titling Trust. Any reference in this ContractAgreement to any agreement means such agreement as it may be amended, restated, supplemented (i) references to contracts (including this Contract) and other contractual instruments shall be deemed to include all subsequent Amendments and other modifications, but only to the extent such agreement as supplemented relates to the Notes), or otherwise modified from time to time, except that such Amendments and other modifications are not prohibited by the terms of this Contract, and (ii) references to the SUBI Trust Agreement include only such items as relate to the 2009-B SUBI and the Titling Trust. Any reference in this Agreement to any statute or regulation are to be construed as including all statutory and regulatory provisions consolidatinglaw, amendingstatute, replacingregulation, supplementingrule, or interpreting the statute or other legislative action shall mean such law, statute, regulation.
D. Any references to “sections,” “appendices,” or “attachments” are references to sections, appendicesrule, or attachments of the Contract.
E. Any references to agreements, contracts, statutes, or administrative rules or regulations in the Contract are references to these documents other legislative action as amended, modifiedsupplemented, or supplemented otherwise modified from time to time during the term of the Contract.
F. The captions and headings of this Contract are for convenience of reference only and do not affect the interpretation of this Contract.
G. All Attachments, including those incorporated by referencetime, and shall include any Amendments are considered part of the terms of this Contract.
H. This Contract may use several different limitations, regulations, rule or policies to regulate the same or similar mattersregulation promulgated thereunder. All such limitations, regulations, and policies are cumulative, and each will be performed in accordance with its terms.
I. Unless otherwise expressly provided, Any reference to any action of the System Agency or by the System Agency by way of consent, approval, or waiver will be deemed modified by the phrase “in its sole discretion.”
J. Time is of the essence in this ContractAgreement to a Person shall include the successor or permitted assignee of such Person.
Appears in 2 contracts
Sources: Subi Certificate Transfer Agreement (Nissan Auto Lease Trust 2009-B), Trust Subi Certificate Transfer Agreement (Nissan Auto Lease Trust 2009-B)
Interpretive Provisions. A. The meanings of defined terms include the singular and plural forms.
B. The words “"hereof,” “" "herein,” “" "hereunder,” " and similar words refer to this Contract as a whole and not to any particular provision, section, Attachment, or schedule of this Contract unless otherwise specified.
C. The term “"including” " is not limiting and means “"including without limitation” " and, unless otherwise expressly provided in this Contract, (i) references to contracts (including this Contract) and other contractual instruments shall be deemed to include all subsequent Amendments and other modifications, but only to the extent that such Amendments and other modifications are not prohibited by the terms of this Contract, and (ii) references to any statute or regulation are to be construed as including all statutory and regulatory provisions consolidating, amending, replacing, supplementing, or interpreting the statute or regulation.
D. Any references to “"sections,” “" "appendices,” " or “"attachments” " are references to sections, appendices, or attachments of the Contract.
E. Any references to agreements, contracts, statutes, or administrative rules or regulations in the Contract are references to these documents as amended, modified, or supplemented from time to time during the term of the Contract.
F. The captions and headings of this Contract are for convenience of reference only and do not affect the interpretation of this Contract.
G. All Attachments, including those incorporated by reference, and any Amendments are considered part of the terms of this Contract.
H. This Contract may use several different limitations, regulations, or policies to regulate the same or similar matters. All such limitations, regulations, and policies are cumulative, and each will be performed in accordance with its terms.
I. Unless otherwise expressly provided, reference to any action of the System Agency or by the System Agency by way of consent, approval, or waiver will be deemed modified by the phrase “"in its sole discretion.”"
J. Time is of the essence in this Contract.
Appears in 1 contract
Sources: Services Agreement
Interpretive Provisions. A. The meanings of defined terms include the singular and plural forms.
B. The words “hereof,” “herein,” “hereunder,” and similar words refer to this Contract as a whole and not to any particular provision, section, Attachment, or schedule of this Contract unless otherwise specified.
C. The term “including” is not limiting and means “including without limitation” and, unless otherwise expressly provided in this Contract, (i) references to contracts (including this Contract) and other contractual instruments shall be deemed to include all subsequent Amendments and other modifications, but only to the extent that such Amendments and other modifications are not prohibited by the terms of this Contract, and (ii) references to any statute or regulation are to be construed as including all statutory and regulatory provisions consolidating, amending, replacing, supplementing, or interpreting the statute or regulation.
D. Any references to “sections,” “appendices,” or “attachments” are references to sections, appendices, or attachments of the Contract.
E. Any references to agreements, contracts, statutes, or administrative rules or regulations in the Contract are references to these documents as amended, modified, or supplemented from time to time during the term of the Contract.
F. The captions and headings of this Contract are for convenience of reference only and do not affect the interpretation of this Contract.
G. All Attachments, including those incorporated by reference, and any Amendments are considered part of the terms of this Contract.
H. This Contract may use several different limitations, regulations, or policies to regulate the same or similar matters. All such limitations, regulations, and policies are cumulative, and each will be performed in accordance with its terms.
I. Unless otherwise expressly provided, reference to any action of the System Agency or by the System Agency by way of consent, approval, or waiver will be deemed modified by the phrase “in its sole discretion.”
J. Time is of the essence in this Contract.
Appears in 1 contract
Sources: Grant Contract
Interpretive Provisions. A. The meanings headings contained in this Agreement are for reference purposes only and will not affect in any way the meaning or interpretation of this Agreement. Terms defined in the singular shall have a comparable meaning when used in the plural, and vice versa; the terms “Dollars” and “$” mean United States Dollars. Reference in this Agreement to gender shall include all genders, and words imparting the singular number only shall include the singular plural and plural forms.
B. vice versa. The words use of the terms “hereunder,” “hereof,” “herein,” “hereunder,hereto” and words of similar words import shall refer to this Contract Agreement as a whole and not to any particular provisionArticle, sectionSection or clause of or Exhibit, Attachment, Annex or schedule Schedule to this Agreement. The use of this Contract unless otherwise specified.
C. The term the terms “including” is not limiting and means or “including include” shall in all cases herein mean “including, without limitation” andor “include, unless otherwise expressly provided in this Contract, (i) references to contracts (including this Contract) and other contractual instruments shall be deemed to include all subsequent Amendments and other modifications, but only without limitation,” respectively. With respect to the extent that determination of any period of time, the word “from” means “from and including” and the words “to” and “until” each means “to but excluding.” Reference to any Person includes such Amendments Person’s predecessors, successors and other modifications assigns to the extent, in the case of successors and assigns, such successors and assigns are not prohibited permitted by the terms of any applicable agreement however, that nothing contained herein is intended to authorize any assignment or transfer not otherwise permitted by this Contract, and (ii) references Agreement. Reference to a Person in a particular capacity excludes such Person in any other capacity or individually. Reference to any statute agreement (including this Agreement), document or regulation are instrument means such agreement, document or instrument as amended or modified and in effect from time to be construed as including all statutory and regulatory provisions consolidatingtime in accordance with the terms thereof and, amendingif applicable, replacing, supplementing, or interpreting the statute or regulation.
D. Any references terms hereof. Reference to “sections,” “appendices,” or “attachments” are references to sections, appendices, or attachments of the Contract.
E. Any references to agreements, contracts, statutes, or administrative rules or regulations in the Contract are references to these documents any Law means such Law as amended, modified, codified, replaced or supplemented from time to time during the term of the Contract.
F. The captions and headings of this Contract are for convenience of reference only and do not affect the interpretation of this Contract.
G. All Attachmentsre-enacted, in whole or in part, including those incorporated by reference, and any Amendments are considered part of the terms of this Contract.
H. This Contract may use several different limitationsrules, regulations, enforcement procedures and any interpretations promulgated thereunder. Underscored references to Articles, Sections, Exhibits or policies Schedules shall refer to regulate those portions of this Agreement. In the same event of a conflict between language or similar matters. All such limitationsamounts contained in the body of this Agreement and language or amounts contained in the Exhibits attached hereto, regulations, and policies are cumulative, and each will be performed the language or amounts in accordance with its terms.
I. Unless otherwise expressly provided, reference to any action the body of the System Agency or by the System Agency by way of consent, approval, or waiver will be deemed modified by the phrase “in its sole discretionAgreement shall control.”
J. Time is of the essence in this Contract.
Appears in 1 contract
Sources: Registration Rights Agreement (Hycroft Mining Holding Corp)
Interpretive Provisions. A. a. Any capitalized term contained in this Appendix that is not defined in this Appendix shall have the meaning assigned to the capitalized term as a defined term in the Agreement, including its Attachments.
b. The meanings meaning of a defined terms include the term applies to its singular and plural forms.
B. c. The words “hereof,” “herein,” “hereunder,” and similar words refer to this Contract Appendix as a whole and not to any particular provision, section, Attachment, or schedule of this Contract Appendix unless otherwise specified.
C. d. The term word “including” is not limiting and means “including including, without limitation” and, unless .”
e. Unless otherwise expressly provided in this Contractprovided, (i) references a reference to contracts (including this Contract) and other contractual instruments shall be deemed to include all a contract or agreement includes subsequent Amendments and other modifications, but only to the extent that such Amendments amendments and other modifications are not prohibited thereto executed according to the contract’s terms, and a reference to a statute, regulation, ordinance, or other law includes subsequent amendments, renumbering, recodification, and other modifications thereto by the terms of this Contract, and (ii) references to any statute or regulation are to be construed as including all statutory and regulatory provisions consolidating, amending, replacing, supplementing, or interpreting the statute or regulationenacting authority.
D. Any references to “sections,” “appendices,” or “attachments” are references to sections, appendices, or attachments of the Contract.
E. Any references to agreements, contracts, statutes, or administrative rules or regulations in the Contract are references to these documents as amended, modified, or supplemented from time to time during the term of the Contract.
F. f. The captions and headings of this Contract Appendix are for convenience of reference only and do shall not affect the interpretation of this ContractAppendix.
G. All Attachments, including those incorporated by reference, and any Amendments are considered part of the terms of this Contract.
H. This Contract may use several different limitations, regulations, or policies to regulate the same or similar matters. All such g. The limitations, regulations, and policies contained herein are cumulative, and each will must be performed in accordance with its termsterms without regard to other limitations, regulations, and policies affecting the same matter.
I. h. Unless otherwise expressly provided, reference to any GLO action of the System Agency or by the System Agency by way of consent, approval, or waiver will be is deemed modified by the phrase “in its sole discretion.”” Notwithstanding the preceding, the GLO shall not unreasonably withhold or delay any such consent, approval, or waiver.
J. Time is of the essence i. Any document referenced in this ContractAppendix and that is not an Exhibit to this Appendix nor included as an Attachment to the Agreement, shall be provided by the Board upon request.
Appears in 1 contract
Sources: Management and Operations Agreement
Interpretive Provisions. A. The meanings table of contents and headings contained in this Agreement are for reference purposes only and will not affect in any way the meaning or interpretation of this Agreement. Terms defined in the singular shall have a comparable meaning when used in the plural, and vice versa; the terms “Dollars” and “$” mean United States Dollars. Reference in this Agreement to gender shall include all genders, and words imparting the singular number only shall include the singular plural and plural forms.
B. vice versa. The words use of the terms “hereunder,” “hereof,” “herein,” “hereunder,hereto” and words of similar words import shall refer to this Contract Agreement as a whole and not to any particular provisionArticle, sectionSection or clause of or Exhibit, Attachment, Annex or schedule Schedule to this Agreement. The use of this Contract unless otherwise specified.
C. The term the terms “including” is not limiting and means or “including include” shall in all cases herein mean “including, without limitation” andor “include, unless otherwise expressly provided in this Contract, (i) references to contracts (including this Contract) and other contractual instruments shall be deemed to include all subsequent Amendments and other modifications, but only without limitation,” respectively. With respect to the extent that determination of any period of time, the word “from” means “from and including” and the words “to” and “until” each means “to but excluding.” Reference to any Person includes such Amendments Person’s predecessors, successors and other modifications assigns to the extent, in the case of successors and assigns, such successors and assigns are not prohibited permitted by the terms of any applicable agreement however, that nothing contained in this Contract, and (iiaa) references is intended to authorize any assignment or transfer not otherwise permitted by this Agreement. Reference to a Person in a particular capacity excludes such Person in any other capacity or individually. Reference to any statute agreement (including this Agreement), document or regulation are instrument means such agreement, document or instrument as amended or modified and in effect from time to be construed as including all statutory and regulatory provisions consolidatingtime in accordance with the terms thereof and, amendingif applicable, replacing, supplementing, or interpreting the statute or regulation.
D. Any references terms hereof. Reference to “sections,” “appendices,” or “attachments” are references to sections, appendices, or attachments of the Contract.
E. Any references to agreements, contracts, statutes, or administrative rules or regulations in the Contract are references to these documents any Law means such Law as amended, modified, codified, replaced or supplemented from time to time during the term of the Contract.
F. The captions and headings of this Contract are for convenience of reference only and do not affect the interpretation of this Contract.
G. All Attachmentsre-enacted, in whole or in part, including those incorporated by reference, and any Amendments are considered part of the terms of this Contract.
H. This Contract may use several different limitationsrules, regulations, enforcement procedures and any interpretations promulgated thereunder. Underscored references to Articles, Sections, Exhibits or policies Schedules shall refer to regulate those portions of this Agreement. In the same event of a conflict between language or similar matters. All such limitationsamounts contained in the body of this Agreement and language or amounts contained in the Exhibits attached hereto, regulations, and policies are cumulative, and each will be performed the language or amounts in accordance with its terms.
I. Unless otherwise expressly provided, reference to any action the body of the System Agency or by the System Agency by way of consent, approval, or waiver will be deemed modified by the phrase “in its sole discretionAgreement shall control.”
J. Time is of the essence in this Contract.
Appears in 1 contract
Sources: Securities Purchase Agreement (Collective Audience, Inc.)
Interpretive Provisions. A. The meanings For all purposes of defined this Agreement, except as otherwise expressly provided or unless the context otherwise requires, (i) terms include used in this Agreement include, as appropriate, all genders and the singular and plural forms.
B. The as well as the singular, (ii) references to words such as “herein”, “hereof,” “herein,” “hereunder,” ”, and similar words the like shall refer to this Contract Agreement as a whole and not to any particular provisionpart, section, AttachmentArticle, or schedule of Section within this Contract unless otherwise specified.
C. The Agreement, (iii) the term “includinginclude” is not limiting and means all variations thereof shall mean “including include without limitation”, (iv) the term “or” andshall include “and/or”, unless otherwise expressly provided (v) the term “proceeds” shall have the meaning ascribed thereto in the UCC and (vi) any defined term that relates to a document shall include within its definition any amendments, modifications, renewals, restatements, extensions, supplements, or substitutions that have been or are hereafter executed and delivered in accordance with the terms thereof, except that references to the SUBI Trust Agreement include only such items as relate to the 20[ ]-[ ] SUBI and the Titling Trust. Any reference in this ContractAgreement to any agreement means such agreement as it may be amended, restated, supplemented (i) references to contracts (including this Contract) and other contractual instruments shall be deemed to include all subsequent Amendments and other modifications, but only to the extent such agreement as supplemented relates to the Notes), or otherwise modified from time to time, except that references to the SUBI Trust Agreement include only such Amendments items as relate to the 20[ ]-[ ] SUBI and the Titling Trust. Any reference in this Agreement to any law, statute, regulation, rule, or other modifications are not prohibited by the terms of this Contractlegislative action shall mean such law, statute, regulation, rule, or other legislative action as amended, supplemented, or otherwise modified from time to time, and shall include any rule or regulation promulgated thereunder. Any reference in this Agreement to a Person shall include the successor or permitted assignee of such Person.
Section 2.01 Transfer of 20[ ]-[ ] SUBI Certificate.
(i) the 20[ ]-[ ] SUBI Certificate and the interest in the 20[ ]-[ ] SUBI represented thereby, including all monies due and paid or to become due and paid or payable thereon or in respect thereof after the Cutoff Date;
(ii) references all of the Transferor’s rights and benefits as holder of the 20[ ]-[ ] SUBI Certificate under the Servicing Agreement and the SUBI Trust Agreement;
(iii) the right to realize upon any statute property that underlies or regulation are may be deemed to be construed secure the interest in the 20[ ]-[ ] SUBI represented by the 20[ ]-[ ] SUBI Certificate, as including granted in the 20[ ]-[ ] SUBI Supplement and in the 20[ ]-[ ] SUBI Certificate;
(iv) all statutory general intangibles, chattel paper, instruments, documents, money, deposit accounts, certificates of deposit, securities accounts, investment property, financial assets, goods, letters of credit, letters of credit rights, advices of credit and regulatory provisions consolidatinguncertificated securities, amendingand other property consisting of, replacing, supplementingarising from, or interpreting relating or credited to the statute or regulation.foregoing; and
D. Any references to “sections,” “appendices,” or “attachments” are references to sections, appendices, or attachments (v) all cash and non-cash proceeds of all of the Contractforegoing.
E. Any references to agreements, contracts, statutes, or administrative rules or regulations in the Contract are references to these documents as amended, modified, or supplemented from time to time during the term of the Contract.
F. The captions and headings of this Contract are for convenience of reference only and do not affect the interpretation of this Contract.
G. All Attachments, including those incorporated by reference, and any Amendments are considered part of the terms of this Contract.
H. This Contract may use several different limitations, regulations, or policies to regulate the same or similar matters. All such limitations, regulations, and policies are cumulative, and each will be performed in accordance with its terms.
I. Unless otherwise expressly provided, reference to any action of the System Agency or by the System Agency by way of consent, approval, or waiver will be deemed modified by the phrase “in its sole discretion.”
J. Time is of the essence in this Contract.
Appears in 1 contract
Sources: Subi Certificate Transfer Agreement (Nissan-Infiniti Lt)
Interpretive Provisions. A. Unless expressly provided otherwise, any term which is defined by the UCC, wherever used in this Agreement, shall have the same meaning as is prescribed by the UCC. The meanings of defined terms include are equally applicable to the singular and plural forms.
B. forms of the defined terms. The words “"hereof,” “" "herein,” “" "hereunder,” " and similar words refer to this Contract Agreement as a whole and not to any particular provision, section, Attachment, or schedule provision of this Contract unless otherwise specified.
C. Agreement. Unless the context indicates otherwise, references to "Section," "Subsection," "clause" "Schedule" and "Exhibit" are references to this Agreement. The term “"documents" (if not capitalized as a defined term) includes any and all instruments, documents, agreements, certificates, indentures, notices and other writings, however evidenced. The term "including” " is not limiting and means “"including without limitation” and." Unless the context requires otherwise, in the computation of periods of time from a specified date to a later specified date, the word "from" means "from and including," the words "to" and "until" each mean "to but excluding" and the word "through" means "to and including." The term, "discretion", when used in reference to a Person, means, unless qualified by the word(s) "reasonable" or Permitted Discretion, the sole and absolute discretion of such Person, honestly determined by such Person under the circumstances. Unless otherwise expressly provided in this Contractherein, (i) references to contracts agreements (including this ContractAgreement) and other contractual instruments documents shall be deemed to include all subsequent Amendments and other modificationsamendments, but only to the extent that such Amendments restatements and other modifications are not prohibited by the terms of this Contractthereto, and (ii) references to any statute or regulation are to be construed as including all statutory and regulatory provisions consolidating, amending, replacing, supplementing, supplementing or interpreting the statute or regulation.
D. Any references to “sections,” “appendices,” or “attachments” are references to sections, appendices, or attachments of the Contract.
E. Any references to agreements, contracts, statutes, or administrative rules or regulations in the Contract are references to these documents as amended, modified, or supplemented from time to time during the term of the Contract.
F. . The captions and headings of this Contract Agreement are for convenience of reference only and do shall not affect the interpretation of this Contract.
G. All AttachmentsAgreement. This Agreement and the other Loan Documents are the result of negotiations among the parties, including those incorporated have been reviewed by referencecounsel to each party and are the products of all parties, and any Amendments are considered part in consideration thereof, it is agreed that they shall not be construed against either party solely because of the terms of this Contract.
H. This Contract may use several different limitations, regulations, or policies to regulate the same or similar matterssuch party's involvement in their preparation. All such limitations, regulations, and policies are cumulative, and each will be performed in accordance with its terms.
I. Unless otherwise expressly providedspecified, any reference to any action of the System Agency or by the System Agency by way of consent, approval, or waiver will time shall be deemed modified by the phrase “to mean Central Standard Time or Central Daylight Time, as applicable, as in its sole discretion.”
J. Time is of the essence effect in this Contract.Dallas County, Texas. LOAN AND SECURITY AGREEMENT - Page 22 DAL 79531933v13
Appears in 1 contract
Sources: Loan and Security Agreement (Blonder Tongue Laboratories Inc)
Interpretive Provisions. A. The meanings of defined terms include are equally applicable to the singular and plural formsforms of the defined terms.
B. The words “hereof,” “herein,” “hereunder,” and similar words refer to this Contract as a whole and not to any particular provision, section, Attachment, or schedule of this Contract unless otherwise specified.
C. The term “including” is not limiting and means “including without limitation” and, unless otherwise expressly provided in this Contract, (i) references to contracts (including this Contract) and other contractual instruments shall be deemed to include all subsequent Amendments and other modificationsmodifications thereto, but only to the extent that such Amendments and other modifications are not prohibited by the terms of this Contract, and (ii) references to any statute or regulation are to be construed as including all statutory and regulatory provisions consolidating, amending, replacing, supplementing, or interpreting the statute or regulation.
D. Any references to “sections,” “appendices,” or “attachments” are references to sections, appendices, or attachments of the Contract.
E. Any references to agreements, contracts, statutes, or administrative rules or regulations in the Contract are references to these documents as amended, modified, or supplemented from time to time during the term of the Contract.
F. The captions and headings of this Contract are for convenience of reference only and do shall not affect the interpretation of this Contract.
G. All AttachmentsAttachments within this Contract, including those incorporated by reference, and any Amendments are considered part of the terms of this Contract.
H. This Contract may use several different limitations, regulations, or policies to regulate the same or similar matters. All such limitations, regulations, and policies are cumulative, cumulative and each will shall be performed in accordance with its terms.
I. Unless otherwise expressly provided, reference to any action of the System Agency or by the System Agency by way of consent, approval, or waiver will shall be deemed modified by the phrase “in its sole discretion.”
” J. Time is of the essence in this Contract.
Appears in 1 contract
Sources: Interagency Cooperation Contract
Interpretive Provisions. A. The meanings table of contents and headings contained in this Agreement are for reference purposes only and will not affect in any way the meaning or interpretation of this Agreement. Terms defined in the singular shall have a comparable meaning when used in the plural, and vice versa; the terms “Dollars” and “$” mean United States Dollars. Reference in this Agreement to gender shall include all genders, and words imparting the singular number only shall include the singular plural and plural forms.
B. vice versa. The words use of the terms “hereunder,” “hereof,” “herein,” “hereunder,hereto” and words of similar words import shall refer to this Contract Agreement as a whole and not to any particular provisionArticle, sectionSection or clause of or Exhibit, Attachment, Annex or schedule Schedule to this Agreement. The use of this Contract unless otherwise specified.
C. The term the terms “including” is not limiting and means or “including include” shall in all cases herein mean “including, without limitation” andor “include, unless otherwise expressly provided in this Contract, (i) references to contracts (including this Contract) and other contractual instruments shall be deemed to include all subsequent Amendments and other modifications, but only without limitation,” respectively. With respect to the extent that determination of any period of time, the word “from” means “from and including” and the words “to” and “until” each means “to but excluding.” Reference to any Person includes such Amendments Person’s predecessors, successors and other modifications assigns to the extent, in the case of successors and assigns, such successors and assigns are not prohibited permitted by the terms of any applicable agreement however, that nothing contained in this Contract, and (ii) references Section 1.02 is intended to authorize any assignment or transfer not otherwise permitted by this Agreement. Reference to a Person in a particular capacity excludes such Person in any other capacity or individually. Reference to any statute agreement (including this Agreement), document or regulation are instrument means such agreement, document or instrument as amended or modified and in effect from time to be construed as including all statutory and regulatory provisions consolidatingtime in accordance with the terms thereof and, amendingif applicable, replacing, supplementing, or interpreting the statute or regulation.
D. Any references terms hereof. Reference to “sections,” “appendices,” or “attachments” are references to sections, appendices, or attachments of the Contract.
E. Any references to agreements, contracts, statutes, or administrative rules or regulations in the Contract are references to these documents any Law means such Law as amended, modified, codified, replaced or supplemented from time to time during the term of the Contract.
F. The captions and headings of this Contract are for convenience of reference only and do not affect the interpretation of this Contract.
G. All Attachmentsre-enacted, in whole or in part, including those incorporated by reference, and any Amendments are considered part of the terms of this Contract.
H. This Contract may use several different limitationsrules, regulations, enforcement procedures and any interpretations promulgated thereunder. Underscored references to Articles, Sections, Exhibits or policies Schedules shall refer to regulate those portions of this Agreement. In the same event of a conflict between language or similar matters. All such limitationsamounts contained in the body of this Agreement and language or amounts contained in the Exhibits attached hereto, regulations, and policies are cumulative, and each will be performed the language or amounts in accordance with its terms.
I. Unless otherwise expressly provided, reference to any action the body of the System Agency or by the System Agency by way of consent, approval, or waiver will be deemed modified by the phrase “in its sole discretionAgreement shall control.”
J. Time is of the essence in this Contract.
Appears in 1 contract
Sources: Restructuring, Settlement and Mutual General Release Agreement (Ngen Technologies Holdings Corp.)
Interpretive Provisions. A. The meanings of defined defmed terms include the singular and plural forms.
B. The words “"hereof,” “" "herein,” “" "hereunder,” " and similar words refer to this Contract Grant Agreement as a whole and not to any particular provision, section, Attachmentattachment, or schedule of this Contract Grant Agreement unless otherwise specified.
C. The term “"including” " is not limiting and means “"including without limitation” " and, unless otherwise expressly provided in this ContractGrant Agreement, (i) references to contracts DocuSign Envelope ID: E95126C9-2DFE-493D-8DD3-272CE345E9B2 Att C (including this ContractGrant Agreement) and other contractual instruments shall be deemed to include all subsequent Amendments and other modifications, but only to the extent that such Amendments and other modifications are not prohibited by the terms of this ContractGrant Agreement, and (ii) references to any statute or regulation are to be construed as including all statutory and regulatory provisions consolidating, amending, replacing, supplementing, or interpreting the statute or regulation.
D. Any references to “sections,” “appendices,” or “attachments” are references to sections, appendices, or attachments of the Contract.
E. Any references to agreements, contracts, statutes, or administrative rules or regulations in the Contract Grant Agreement are references to these documents as amended, modified, or supplemented from time to time during the term of the ContractGrant Agreement.
F. E. The captions and headings of this Contract Grant Agreement are for convenience of reference only and do not affect the interpretation of this ContractGrant Agreement.
G. F. All Attachmentsattachments, including those incorporated by reference, and any Amendments are considered part of the terms of this ContractGrant Agreement.
H. G. This Contract Grant Agreement may use several different limitations, regulations, or policies to regulate the same or similar matters. All such limitations, regulations, and policies are cumulative, and each will be performed in accordance with its terms.
I. H. Unless otherwise expressly provided, reference to any action of the System Agency or by the System Agency by way of consent, approval, or waiver will be deemed modified by the phrase “"in its sole discretion.”"
J. I. Time is of the essence in this ContractGrant Agreement.
J. Prior to execution of the Grant Agreement, ▇▇▇▇▇▇▇ must notify System Agency's designated contact in writing of any ambiguity, conflict, discrepancy, omission, or other error. If Grantee fails to notify the System Agency designated contact of any ambiguity, conflict, discrepancy, omission or other error in the Grant Agreement prior to ▇▇▇▇▇▇▇'s execution of the Grant Agreement, Grantee:
i. Shall have waived any claim of error or ambiguity in the Grant Agreement; and
ii. Shall not contest the interpretation by the System Agency of such provision(s). No grantee will be entitled to additional reimbursement, relief, or time by reason of any ambiguity, conflict, discrepancy, exclusionary specification, omission, or other error or its later correction.
Appears in 1 contract
Interpretive Provisions. A. The meanings of defined terms include the singular and plural forms.
B. The words “hereof,” “herein,” “hereunder,” and similar words refer to this Contract as a whole and not to any particular provision, section, Attachment, or schedule of this Contract unless otherwise specified.
C. The term “including” is not limiting and means “including without limitation” and, unless otherwise expressly provided in this Contract, (i) references to contracts (including this Contract) and other contractual instruments shall be deemed to include all subsequent Amendments and other modifications, but only to the extent that such Amendments and other modifications are not prohibited by the terms of this Contract, and (ii) references to any statute or regulation are to be construed as including all statutory and regulatory provisions consolidating, amending, replacing, supplementing, or interpreting the statute or regulation.
D. Any references to “sections,” “appendices,” or “attachments” are references to sections, appendices, or attachments of the Contract.
E. Any references to agreements, contracts, statutes, or administrative rules or regulations in the Contract are references to these documents as amended, modified, or supplemented from time to time during the term of the Contract.
F. The captions and headings of this Contract are for convenience of reference only and do not affect the interpretation of this Contract.
G. All Attachments, including those incorporated by reference, and any Amendments are considered part of the terms of this Contract.
H. This Contract may use several different limitations, regulations, or policies to regulate the same or similar matters. All such limitations, regulations, and policies are cumulative, cumulative and each will be performed in accordance with its terms.
I. Unless otherwise expressly provided, reference to any action of the System Agency or by the System Agency by way of consent, approval, or waiver will be deemed modified by the phrase “in its sole discretion.”
J. Time is of the essence in this Contract.
Appears in 1 contract
Sources: Grant Agreement
Interpretive Provisions. A. The meanings For all purposes of defined this Agreement, except as otherwise expressly provided or unless the context otherwise requires, (i) terms include used in this Agreement include, as appropriate, all genders and the singular plural as well as the singular, (ii) references to words such as "herein", "hereof", and plural forms.
B. The words “hereof,” “herein,” “hereunder,” and similar words the like shall refer to this Contract Agreement as a whole and not to any particular provisionpart, section, AttachmentArticle, or schedule of Section within this Contract unless otherwise specified.
C. The Agreement, (iii) the term “including” is not limiting "include" and means “including all variations thereof shall mean "include without limitation” and", unless otherwise expressly provided (iv) the term "or" shall include "and/or", (v) the term "proceeds" shall have the meaning ascribed thereto in the UCC, and (vi) any defined term that relates to a document shall include within its definition any amendments, modifications, renewals, restatements, extensions, supplements, or substitutions that have been or are hereafter executed and delivered in accordance with the terms thereof, except that references to the SUBI Trust Agreement include only such items as relate to the 2004-A SUBI and the Titling Trust. Any reference in this Contract2004-A Trust SUBI Certificate Transfer Agreement to any agreement means such agreement as it may be amended, restated, supplemented (i) references to contracts (including this Contract) and other contractual instruments shall be deemed to include all subsequent Amendments and other modifications, but only to the extent such agreement as supplemented relates to the Notes), or otherwise modified from time to time, except that such Amendments and other modifications are not prohibited by the terms of this Contract, and (ii) references to the SUBI Trust Agreement include only such items as relate to the 2004-A SUBI and the Titling Trust. Any reference in this 2004-A Trust SUBI Certificate Transfer Agreement to any statute or regulation are to be construed as including all statutory and regulatory provisions consolidatinglaw, amendingstatute, replacingregulation, supplementingrule, or interpreting the statute or other legislative action shall mean such law, statute, regulation.
D. Any references to “sections,” “appendices,” or “attachments” are references to sections, appendicesrule, or attachments of the Contract.
E. Any references to agreements, contracts, statutes, or administrative rules or regulations in the Contract are references to these documents other legislative action as amended, modifiedsupplemented, or supplemented otherwise modified from time to time during the term of the Contract.
F. The captions and headings of this Contract are for convenience of reference only and do not affect the interpretation of this Contract.
G. All Attachments, including those incorporated by referencetime, and shall include any Amendments are considered part of the terms of this Contract.
H. This Contract may use several different limitations, regulations, rule or policies to regulate the same or similar mattersregulation promulgated thereunder. All such limitations, regulations, and policies are cumulative, and each will be performed in accordance with its terms.
I. Unless otherwise expressly provided, Any reference to any action of the System Agency or by the System Agency by way of consent, approval, or waiver will be deemed modified by the phrase “in its sole discretion.”
J. Time is of the essence in this Contract.2004-A Trust SUBI Certificate Transfer Agreement to a Person shall include the successor or assignee of such Person. Trust SUBI Certificate Transfer Agreement ARTICLE TWO
Appears in 1 contract
Sources: Trust Subi Certificate Transfer Agreement (Nissan Auto Lease Trust 2004-A)
Interpretive Provisions. A. The meanings of defined terms include the singular and plural forms.
B. The words “hereof,” “herein,” “hereunder,” hereof, herein, hereunder, and similar words refer to this Contract as a whole and not to any particular provision, section, Attachment, or schedule of this Contract unless otherwise specified.
C. The term “including” including is not limiting and means “including including without limitation” limitation and, unless otherwise expressly provided in this Contract, (i) references to contracts (including this Contract) and other contractual instruments shall be deemed to include all subsequent Amendments and other modifications, but only to the extent that such Amendments and other modifications are not prohibited by the terms of this Contract, and (ii) references to any statute or regulation are to be construed as including all statutory and regulatory provisions consolidating, amending, replacing, supplementing, or interpreting the statute or regulation.
D. Any references to “sections,” “appendices,” sections, appendices, or “attachments” attachments are references to sections, appendices, or attachments of the Contract.
E. Any references to agreements, contracts, statutes, or administrative rules or regulations in the Contract are references to these documents as amended, modified, or supplemented from time to time during the term of the Contract.
F. The captions and headings of this Contract are for convenience of reference only and do not affect the interpretation of this Contract.
G. All Attachments, including those incorporated by reference, and any Amendments are considered part of the terms of this Contract.
H. This Contract may use several different limitations, regulations, or policies to regulate the same or similar matters. All such limitations, regulations, and policies are cumulative, and each will be performed in accordance with its terms.
I. Unless otherwise expressly provided, reference to any action of the System Agency or by the System Agency by way of consent, approval, or waiver will be deemed modified by the phrase “in in its sole discretion.”discretion.
J. Time is of the essence in this Contract.
Appears in 1 contract
Interpretive Provisions. A. The meanings For all purposes of defined this Agreement, except as otherwise expressly provided or unless the context otherwise requires, (i) terms include used in this Agreement include, as appropriate, all genders and the singular plural as well as the singular, (ii) references to words such as "herein", "hereof", and plural forms.
B. The words “hereof,” “herein,” “hereunder,” and similar words the like shall refer to this Contract Agreement as a whole and not to any particular provisionpart, section, AttachmentArticle, or schedule of Section within this Contract unless otherwise specified.
C. The Agreement, (iii) the term “including” is not limiting "include" and means “including all variations thereof shall mean "include without limitation” and", unless otherwise expressly provided (iv) the term "or" shall include "and/or", (v) the term "proceeds" shall have the meaning ascribed thereto in the UCC, and (vi) any defined term that relates to a document shall include within its definition any amendments, modifications, renewals, restatements, extensions, supplements, or substitutions that have been or are hereafter executed and delivered in accordance with the terms thereof, except that references to the SUBI Trust Agreement include only such items as relate to the 2003-A SUBI and the Titling Trust. Any reference in this Contract2003-A Trust SUBI Certificate Transfer Agreement to any agreement means such agreement as it may be amended, restated, supplemented (i) references to contracts (including this Contract) and other contractual instruments shall be deemed to include all subsequent Amendments and other modifications, but only to the extent such agreement as supplemented relates to the Notes), or otherwise modified from time to time, except that such Amendments and other modifications are not prohibited by the terms of this Contract, and (ii) references to the SUBI Trust Agreement include only such items as relate to the 2003-A SUBI and the Titling Trust. Any reference in this 2003-A Trust SUBI Certificate Transfer Agreement to any statute or regulation are to be construed as including all statutory and regulatory provisions consolidatinglaw, amendingstatute, replacingregulation, supplementingrule, or interpreting the statute or other legislative action shall mean such law, statute, regulation.
D. Any references to “sections,” “appendices,” or “attachments” are references to sections, appendicesrule, or attachments of the Contract.
E. Any references to agreements, contracts, statutes, or administrative rules or regulations in the Contract are references to these documents other legislative action as amended, modifiedsupplemented, or supplemented otherwise modified from time to time during the term of the Contract.
F. The captions and headings of this Contract are for convenience of reference only and do not affect the interpretation of this Contract.
G. All Attachments, including those incorporated by referencetime, and shall include any Amendments are considered part of the terms of this Contract.
H. This Contract may use several different limitations, regulations, rule or policies to regulate the same or similar mattersregulation promulgated thereunder. All such limitations, regulations, and policies are cumulative, and each will be performed in accordance with its terms.
I. Unless otherwise expressly provided, Any reference to any action of the System Agency or by the System Agency by way of consent, approval, or waiver will be deemed modified by the phrase “in its sole discretion.”
J. Time is of the essence in this Contract.2003-A Trust SUBI Certificate Transfer Agreement to a Person shall include the successor or assignee of such Person. Trust SUBI Certificate Transfer Agreement
Appears in 1 contract
Sources: Trust Subi Certificate Transfer Agreement (Nissan Auto Leasing LLC Ii)
Interpretive Provisions. A. The meanings of defined terms include the singular and plural forms.
B. The words “hereof,” “herein,” “hereunder,” and similar words refer to this Contract Agreement as a whole and not to any particular provision, section, Attachmentattachment, or schedule of this Contract Grant Agreement unless otherwise specified.
C. The term “including” is not limiting and means “including without limitation” and, unless otherwise expressly provided in this ContractGrant Agreement, (i) references to contracts (including this ContractGrant Agreement) and other contractual instruments shall be deemed to include all subsequent Amendments and other modifications, but only to the extent that such Amendments and other modifications are not prohibited by the terms of this ContractGrant Agreement, and (ii) references to any statute or regulation are to be construed as including all statutory and regulatory provisions consolidating, amending, replacing, supplementing, or interpreting the statute or regulation.
D. Any references to “sections,” “appendices,” or “attachments” are references to sections, appendices, or attachments of the Contract.
E. Any references to agreements, contracts, statutes, or administrative rules or regulations in the Contract Grant Agreement are references to these documents as amended, modified, or supplemented from time to time during the term of the ContractGrant Agreement.
F. E. The captions and headings of this Contract Grant Agreement are for convenience of reference only and do not affect the interpretation of this ContractGrant Agreement.
G. F. All Attachmentsattachments, including those incorporated by reference, and any Amendments are considered part of the terms of this ContractGrant Agreement.
H. G. This Contract Grant Agreement may use several different limitations, regulations, or policies to regulate the same or similar matters. All such limitations, regulations, and policies are cumulative, and each will be performed in accordance with its terms.
I. H. Unless otherwise expressly provided, reference to any action of the System Agency or by the System Agency by way of consent, approval, or waiver will be deemed modified by the phrase “in its sole discretion.”
J. I. Time is of the essence in this ContractGrant Agreement.
Appears in 1 contract
Sources: Interlocal Cooperation Contract
Interpretive Provisions. A. Unless expressly provided otherwise, any term which is defined by the UCC, wherever used in this Agreement, shall have the same meaning as is prescribed by the UCC. The meanings of defined terms include are equally applicable to the singular and plural forms.
B. forms of the defined terms. The words “hereof,” “herein,” “hereunder,” and similar words refer to this Contract Agreement as a whole and not to any particular provision, section, Attachment, or schedule provision of this Contract unless otherwise specified.
C. Agreement. Unless the context indicates otherwise, references to “Section,” “Subsection,” “clause” “Schedule” and “Exhibit” are references to this Agreement. The term “documents” (if not capitalized as a defined term) includes any and all instruments, documents, agreements, certificates, indentures, notices and other writings, however evidenced. The term “including” is not limiting and means “including without limitation.” andUnless the context requires otherwise, unless in the computation of periods of time from a specified date to a later specified date, the word “from” means “from and including,” the words “to” and “until” each mean “to but excluding” and the word “through” means “to and including.” The term, “discretion,” when used in reference to a Person, means the sole and absolute discretion of such Person, honestly determined by such Person under the circumstances. Unless otherwise expressly provided in this Contractherein, (i) references to contracts agreements (including this ContractAgreement) and other contractual instruments documents shall be deemed to include all subsequent Amendments and other modificationsamendments, but only to the extent that such Amendments restatements and other modifications are not prohibited by the terms of this Contractthereto, and (ii) references to any statute or regulation are to be construed as including all statutory and regulatory provisions consolidating, amending, replacing, supplementing, supplementing or interpreting the statute or regulation.
D. Any references to “sections,” “appendices,” or “attachments” are references to sections, appendices, or attachments of the Contract.
E. Any references to agreements, contracts, statutes, or administrative rules or regulations in the Contract are references to these documents as amended, modified, or supplemented from time to time during the term of the Contract.
F. . The captions and headings of this Contract Agreement are for convenience of reference only and do shall not affect the interpretation of this Contract.
G. All AttachmentsAgreement. This Agreement and the other Loan Documents are the result of negotiations among the parties, including those incorporated have been reviewed by referencecounsel to each party and are the products of all parties, and any Amendments are considered part in consideration thereof, it is agreed that they shall not be construed against either party solely because of the terms of this Contract.
H. This Contract may use several different limitations, regulations, or policies to regulate the same or similar matterssuch party’s involvement in their preparation. All such limitations, regulations, and policies are cumulative, and each will be performed in accordance with its terms.
I. Unless otherwise expressly providedspecified, any reference to any action of the System Agency or by the System Agency by way of consent, approval, or waiver will time shall be deemed modified by the phrase “to mean Central Standard Time or Central Daylight Time, as applicable, as in its sole discretioneffect in Dallas County, Texas.”
J. Time is of the essence in this Contract.
Appears in 1 contract
Sources: Loan and Security Agreement (Precision Aerospace Components, Inc.)
Interpretive Provisions. A. (a) The meanings of defined terms include are equally applicable to the singular and plural forms.forms of the defined terms;
B. (b) The words “hereof,” “herein,” “hereunder,” and similar words refer to this Contract as a whole and not to any particular provision, section, Attachmentattachment, work order, or schedule of this Contract Contract, unless otherwise specified.;
C. (c) The term “including” is not limiting limiting, and means “including including, without limitation” and, unless otherwise expressly provided in this Contract, ,
(id) references to contracts (including this Contract) and other contractual instruments shall be deemed to include all subsequent Amendments and other modificationsmodifications thereto, but only to the extent that such Amendments and other modifications are not prohibited by the terms of this Contract, and and
(iie) references to any statute or regulation are to be construed as including all statutory and regulatory provisions consolidating, amending, replacing, supplementing, or interpreting the statute or regulation.;
D. Any references to “sections,” “appendices,” or “attachments” are references to sections, appendices, or attachments of the Contract.
E. Any references to agreements, contracts, statutes, or administrative rules or regulations in the Contract are references to these documents as amended, modified, or supplemented from time to time during the term of the Contract.
F. (f) The captions and headings of this Contract are for convenience of reference only and do shall not affect the interpretation of this Contract.;
G. (g) All AttachmentsAttachments within this Contract, including those incorporated by reference, and any Amendments Amendments, are considered part of the terms of this Contract.;
H. (h) This Contract may use several different limitations, regulations, or policies to regulate the same or similar matters. All such limitations, regulations, and policies are cumulative, cumulative and each will shall be performed in accordance with its terms.;
I. (i) Unless otherwise expressly provided, reference to any action of the System Agency GLO or by the System Agency GLO by way of consent, approval, or waiver will shall be deemed modified by the phrase “in its the sole discretiondiscretion of the GLO.”
J. (j) All due dates and/or deadlines referenced in this Contract that occur on a weekend or holiday shall be considered as if occurring on the next business day;
(k) All time periods in this Contract shall commence on the day after the date on which the applicable event occurred, report is submitted, or request is received; and
(l) Time is of the essence in this Contract.
(m) In the event of conflicts or inconsistencies between this contract and its attachments, such conflicts or inconsistencies shall be resolved by reference to the documents in the following order of priority: Signed Contract; Attachments to the Contract: Attachment A, Attachment E, Attachment B, Attachment C, Attachment D, and Attachment F.
Appears in 1 contract
Sources: Subrecipient Agreement
Interpretive Provisions. A. Unless expressly provided otherwise, any term which is defined by the UCC, wherever used in this Agreement, shall have the same meaning as is prescribed by the UCC. The meanings of defined terms include are equally applicable to the singular and plural forms.
B. forms of the defined terms. The words “"hereof,” “" "herein,” “" "hereunder,” " and similar words refer to this Contract Agreement as a whole and not to any particular provision, section, Attachment, or schedule provision of this Contract unless otherwise specified.
C. Agreement. Unless the context indicates otherwise, references to "Section," "Subsection," "clause" "Schedule" and "Exhibit" are references to this Agreement. The term “"documents" (if not capitalized as a defined term) includes any and all instruments, documents, agreements, certificates, indentures, notices and other writings, however evidenced. The term "including” " is not limiting and means “"including without limitation” and." Unless the context requires otherwise, unless in the computation of periods of time from a specified date to a later specified date, the word "from" means "from and including," the words "to" and "until" each mean "to but excluding" and the word "through" means "to and including." The term, "discretion," when used in reference to a Person, LOAN AND SECURITY AGREEMENT - Page 12 means the sole and absolute discretion of such Person, honestly determined by such Person under the circumstances. Unless otherwise expressly provided in this Contractherein, (i) references to contracts agreements (including this ContractAgreement) and other contractual instruments documents shall be deemed to include all subsequent Amendments and other modificationsamendments, but only to the extent that such Amendments restatements and other modifications are not prohibited by the terms of this Contractthereto, and (ii) references to any statute or regulation are to be construed as including all statutory and regulatory provisions consolidating, amending, replacing, supplementing, supplementing or interpreting the statute or regulation.
D. Any references to “sections,” “appendices,” or “attachments” are references to sections, appendices, or attachments of the Contract.
E. Any references to agreements, contracts, statutes, or administrative rules or regulations in the Contract are references to these documents as amended, modified, or supplemented from time to time during the term of the Contract.
F. . The captions and headings of this Contract Agreement are for convenience of reference only and do shall not affect the interpretation of this Contract.
G. All AttachmentsAgreement. This Agreement and the other Loan Documents are the result of negotiations among the parties, including those incorporated have been reviewed by referencecounsel to each party and are the products of all parties, and any Amendments are considered part in consideration thereof, it is agreed that they shall not be construed against either party solely because of the terms of this Contract.
H. This Contract may use several different limitations, regulations, or policies to regulate the same or similar matterssuch party's involvement in their preparation. All such limitations, regulations, and policies are cumulative, and each will be performed in accordance with its terms.
I. Unless otherwise expressly providedspecified, any reference to any action of the System Agency or by the System Agency by way of consent, approval, or waiver will time shall be deemed modified by the phrase “to mean Central Standard Time or Central Daylight Time, as applicable, as in its sole discretioneffect in Dallas County, Texas.”
J. Time is of the essence in this Contract.
Appears in 1 contract
Sources: Loan and Security Agreement (Icts International N V)
Interpretive Provisions. A. (a) The meanings of defined terms include are equally applicable to the singular and plural forms.forms of the defined terms;
B. (b) The words “hereof,” “herein,” “hereunder,” and similar words refer to this Contract as a whole and not to any particular provision, section, Attachmentattachment, work order, or schedule of this Contract Contract, unless otherwise specified.;
C. (c) The term “including” is not limiting limiting, and means “including including, without limitation” and, unless otherwise expressly provided in this Contract, ,
(id) references to contracts (including this Contract) and other contractual instruments shall be deemed to include all subsequent Amendments and other modificationsmodifications thereto, but only to the extent that such Amendments and other modifications are not prohibited by the terms of this Contract, and and
(iie) references to any statute or regulation are to be construed as including all statutory and regulatory provisions consolidating, amending, replacing, supplementing, or interpreting the statute or regulation.;
D. Any references to “sections,” “appendices,” or “attachments” are references to sections, appendices, or attachments of the Contract.
E. Any references to agreements, contracts, statutes, or administrative rules or regulations in the Contract are references to these documents as amended, modified, or supplemented from time to time during the term of the Contract.
F. (f) The captions and headings of this Contract are for convenience of reference only and do shall not affect the interpretation of this Contract.;
G. (g) All AttachmentsAttachments within this Contract, including those incorporated by reference, and any Amendments Amendments, are considered part of the terms of this Contract.;
H. (h) This Contract may use several different limitations, regulations, or policies to regulate the same or similar matters. All such limitations, regulations, and policies are cumulative, cumulative and each will shall be performed in accordance with its terms.;
I. (i) Unless otherwise expressly provided, reference to any action of the System Agency GLO or by the System Agency GLO by way of consent, approval, or waiver will shall be deemed modified by the phrase “in its the sole discretiondiscretion of the GLO.”” In
J. (j) All due dates and/or deadlines referenced in this Contract that occur on a weekend or holiday shall be considered as if occurring on the next business day; Process
(k) All time periods in this Contract shall commence on the day after the date on which the applicable event occurred, report is submitted, or request is received; and
(l) Time is of the essence in this Contract.
(m) In the event of conflicts or inconsistencies between this contract and its attachments, such conflicts or inconsistencies shall be resolved by reference to the documents in the following order of priority: Signed Contract; Attachments to the Contract: Attachment A, Attachment E, Attachment B, Attachment C, Attachment D, and Attachment F. ARTICLE II – REIMBURSEMENT, ADVANCE PAYMENT, BUDGET VARIANCE, AND INCOME
2.01 REIMBURSEMENT REQUESTS Each invoice shall be supported by actual receipts, cancelled checks, and/or such other documentation that, in the judgment of the GLO, allows for full substantiation of the costs incurred. Requests for payment must be submitted in electronic format, via email to ▇▇.▇▇▇▇▇▇▇@▇▇▇.▇▇▇▇▇.▇▇▇, or the GLO’s System of Record, if specified by Technical Guidance Letter under this contract.
Appears in 1 contract
Sources: Subrecipient Agreement
Interpretive Provisions. A. Unless expressly provided otherwise, any term which is defined by the UCC, wherever used in this Agreement, shall have the same meaning as is prescribed by the UCC. The meanings of defined terms include are equally applicable to the singular and plural forms.
B. forms of the defined terms. The words “"hereof,” “" "herein,” “" "hereunder,” " and similar words refer to this Contract Agreement as a whole and not to any particular provision, section, Attachment, or schedule provision of this Contract unless otherwise specified.
C. Agreement. Unless the context indicates otherwise, references to "Section," "Subsection," "clause" "Schedule" and "Exhibit" are references to this Agreement. The term “"documents" (if not capitalized as a defined term) includes any and all instruments, documents, agreements, certificates, indentures, notices and other writings, however evidenced. The term "including” " is not limiting and means “"including without limitation” and." Unless the context requires otherwise, unless in the computation of periods of time from a specified date to a later specified date, the word "from" means "from and including," the words "to" and "until" each mean "to but excluding" and the word "through" means "to and including." The term, "discretion," when used in reference to a Person, means the sole and absolute discretion of such Person, honestly determined by such Person under the circumstances. Unless otherwise expressly provided in this Contractherein, (i) references to contracts agreements (including this ContractAgreement) and other contractual instruments documents shall be deemed to include all subsequent Amendments and other modificationsamendments, but only to the extent that such Amendments restatements and other modifications are not prohibited by the terms of this Contractthereto, and (ii) references to any statute or regulation are to be construed as including all statutory and regulatory provisions consolidating, amending, replacing, supplementing, supplementing or interpreting the statute or regulation.
D. Any references to “sections,” “appendices,” or “attachments” are references to sections, appendices, or attachments of the Contract.
E. Any references to agreements, contracts, statutes, or administrative rules or regulations in the Contract are references to these documents as amended, modified, or supplemented from time to time during the term of the Contract.
F. . The captions and headings of this Contract Agreement are for convenience of reference only and do shall not affect the interpretation of this Contract.
G. All AttachmentsAgreement. This Agreement and the other Loan Documents are the result of negotiations among the parties, including those incorporated have been reviewed by referencecounsel to each party and are the products of all parties, and any Amendments are considered part in consideration thereof, it is agreed that they shall not be construed against either party solely because of the terms of this Contractsuch party's involvement in their preparation.
H. This Contract may use several different limitations, regulations, or policies to regulate the same or similar matters. All such limitations, regulations, and policies are cumulative, and each will be performed in accordance with its terms.
I. Unless otherwise expressly provided, reference to any action of the System Agency or by the System Agency by way of consent, approval, or waiver will be deemed modified by the phrase “in its sole discretion.”
J. Time is of the essence in this Contract.
Appears in 1 contract
Interpretive Provisions.
A. The meanings of defined terms include the singular and plural forms.
B. The words “hereof,” “herein,” “hereunder,” and similar words refer to this Contract as a whole and not to any particular provision, section, Attachment, or schedule of this Contract unless otherwise specified.
C. The term “including” is not limiting and means “including without limitation” and, unless otherwise expressly provided in this Contract, (i) references to contracts (including this Contract) and other contractual instruments shall be deemed to include all subsequent Amendments and other modifications, but only to the extent that such Amendments and other modifications are not prohibited by the terms of this Contract, and (ii) references to any statute or regulation are to be construed as including all statutory and regulatory provisions consolidating, amending, replacing, supplementing, or interpreting the statute or regulation.
D. Any references to “sections,” “appendices,” or “attachments” are references to sections, appendices, or attachments of the Contract.
E. Any references to agreements, contracts, statutes, or administrative rules or regulations in the Contract are references to these documents as amended, modified, or supplemented from time to time during the term of the Contract.
F. The captions and headings of this Contract are for convenience of reference only and do not affect the interpretation of this Contract.
G. All Attachments, including those incorporated by reference, and any Amendments are considered part of the terms of this Contract.
H. This Contract may use several different limitations, regulations, or policies to regulate the same or similar matters. All such limitations, regulations, and policies are cumulative, cumulative and each will be performed in accordance with its terms.
I. Unless otherwise expressly provided, reference to any action of the System Agency or by the System Agency by way of consent, approval, or waiver will be deemed modified by the phrase “in its sole discretion.”
J. Time is of the essence in this Contract.
Appears in 1 contract
Sources: Grant Agreement
Interpretive Provisions. A. The meanings table of contents and headings contained in this Agreement are for reference purposes only and will not affect in any way the meaning or interpretation of this Agreement. Terms defined in the singular shall have a comparable meaning when used in the plural, and vice versa; the terms “Dollars” and “$” mean United States Dollars. Reference in this Agreement to gender shall include all genders, and words imparting the singular number only shall include the singular plural and plural forms.
B. vice versa. The words use of the terms “hereunder,” “hereof,” “herein,” “hereunder,hereto” and words of similar words import shall refer to this Contract Agreement as a whole and not to any particular provisionArticle, sectionSection or clause of or Exhibit, Attachment, Annex or schedule Schedule to this Agreement. The use of this Contract unless otherwise specified.
C. The term the terms “including” is not limiting and means or “including include” shall in all cases herein mean “including, without limitation” andor “include, unless otherwise expressly provided in this Contract, (i) references to contracts (including this Contract) and other contractual instruments shall be deemed to include all subsequent Amendments and other modifications, but only without limitation,” respectively. With respect to the extent that determination of any period of time, the word “from” means “from and including” and the words “to” and “until” each means “to but excluding.” Reference to any Person includes such Amendments Person’s predecessors, successors and other modifications assigns to the extent, in the case of successors and assigns, such successors and assigns are not prohibited permitted by the terms of any applicable agreement however, that nothing contained in this Contract, and (iis) references is intended to authorize any assignment or transfer not otherwise permitted by this Agreement. Reference to a Person in a particular capacity excludes such Person in any other capacity or individually. Reference to any statute agreement (including this Agreement), document or regulation are instrument means such agreement, document or instrument as amended or modified and in effect from time to be construed as including all statutory and regulatory provisions consolidatingtime in accordance with the terms thereof and, amendingif applicable, replacing, supplementing, or interpreting the statute or regulation.
D. Any references terms hereof. Reference to “sections,” “appendices,” or “attachments” are references to sections, appendices, or attachments of the Contract.
E. Any references to agreements, contracts, statutes, or administrative rules or regulations in the Contract are references to these documents any Law means such Law as amended, modified, codified, replaced or supplemented from time to time during the term of the Contract.
F. The captions and headings of this Contract are for convenience of reference only and do not affect the interpretation of this Contract.
G. All Attachmentsre-enacted, in whole or in part, including those incorporated by reference, and any Amendments are considered part of the terms of this Contract.
H. This Contract may use several different limitationsrules, regulations, enforcement procedures and any interpretations promulgated thereunder. Underscored references to Articles, Sections, Exhibits or policies Schedules shall refer to regulate those portions of this Agreement. In the same event of a conflict between language or similar matters. All such limitationsamounts contained in the body of this Agreement and language or amounts contained in the Exhibits attached hereto, regulations, and policies are cumulative, and each will be performed the language or amounts in accordance with its terms.
I. Unless otherwise expressly provided, reference to any action the body of the System Agency or by the System Agency by way of consent, approval, or waiver will be deemed modified by the phrase “in its sole discretionAgreement shall control.”
J. Time is of the essence in this Contract.
Appears in 1 contract
Interpretive Provisions. A. The meanings For all purposes of defined this Agreement, except as otherwise expressly provided or unless the context otherwise requires, (i) terms include used in this Agreement include, as appropriate, all genders and the singular plural as well as the singular, (ii) references to words such as "herein", "hereof", and plural forms.
B. The words “hereof,” “herein,” “hereunder,” and similar words the like shall refer to this Contract Agreement as a whole and not to any particular provisionpart, section, AttachmentArticle, or schedule of Section within this Contract unless otherwise specified.
C. The Agreement, (iii) the term “including” is not limiting "include" and means “including all variations thereof shall mean "include without limitation” and", unless otherwise expressly provided (iv) the term "or" shall include "and/or", (v) the term "proceeds" shall have the meaning ascribed thereto in the UCC, and (vi) any defined term that relates to a document shall include within its definition any amendments, modifications, renewals, restatements, extensions, supplements, or substitutions that have been or are hereafter executed and delivered in accordance with the terms thereof, except that references to the SUBI Trust Agreement include only such items as relate to the 2004-A SUBI and the Titling Trust. Any reference in this Contract2004-A Trust SUBI Certificate Transfer Agreement to any agreement means such agreement as it may be amended, restated, supplemented (i) references to contracts (including this Contract) and other contractual instruments shall be deemed to include all subsequent Amendments and other modifications, but only to the extent such agreement as supplemented relates to the Notes), or otherwise modified from time to time, except that such Amendments and other modifications are not prohibited by the terms of this Contract, and (ii) references to the SUBI Trust Agreement include only such items as relate to the 2004-A SUBI and the Titling Trust. Any reference in this 2004-A Trust SUBI Certificate Transfer Agreement to any statute or regulation are to be construed as including all statutory and regulatory provisions consolidatinglaw, amendingstatute, replacingregulation, supplementingrule, or interpreting the statute or other legislative action shall mean such law, statute, regulation.
D. Any references to “sections,” “appendices,” or “attachments” are references to sections, appendicesrule, or attachments of the Contract.
E. Any references to agreements, contracts, statutes, or administrative rules or regulations in the Contract are references to these documents other legislative action as amended, modifiedsupplemented, or supplemented otherwise modified from time to time during the term of the Contract.
F. The captions and headings of this Contract are for convenience of reference only and do not affect the interpretation of this Contract.
G. All Attachments, including those incorporated by referencetime, and shall include any Amendments are considered part of the terms of this Contract.
H. This Contract may use several different limitations, regulations, rule or policies to regulate the same or similar mattersregulation promulgated thereunder. All such limitations, regulations, and policies are cumulative, and each will be performed in accordance with its terms.
I. Unless otherwise expressly provided, Any reference to any action of the System Agency or by the System Agency by way of consent, approval, or waiver will be deemed modified by the phrase “in its sole discretion.”
J. Time is of the essence in this Contract.2004-A Trust SUBI Certificate Transfer Agreement to a Person shall include the successor or assignee of such Person. Trust SUBI Certificate Transfer Agreement
Appears in 1 contract
Sources: Trust Subi Certificate Transfer Agreement (Nissan Auto Lease Trust 2004-A)
Interpretive Provisions. A. The meanings of defined terms include the singular and plural forms.
B. The words “hereof,” “herein,” “hereunder,” and similar words refer to this Contract Grant Agreement as a whole and not to any particular provision, section, Attachmentattachment, or schedule of this Contract Grant Agreement unless otherwise specified.
C. The term “including” is not limiting and means “including without limitation” and, unless otherwise expressly provided in this ContractGrant Agreement, (i) references to contracts ▇▇▇ #HHS0011021 Page 4309 of 2076 (including this ContractGrant Agreement) and other contractual instruments shall be deemed to include all subsequent Amendments and other modifications, but only to the extent that such Amendments and other modifications are not prohibited by the terms of this ContractGrant Agreement, and (ii) references to any statute or regulation are to be construed as including all statutory and regulatory provisions consolidating, amending, replacing, supplementing, or interpreting the statute or regulation.
D. Any references to “sections,” “appendices,” or “attachments” are references to sections, appendices, or attachments of the Contract.
E. Any references to agreements, contracts, statutes, or administrative rules or regulations in the Contract Grant Agreement are references to these documents as amended, modified, or supplemented from time to time during the term of the ContractGrant Agreement.
F. E. The captions and headings of this Contract Grant Agreement are for convenience of reference only and do not affect the interpretation of this ContractGrant Agreement.
G. F. All Attachmentsattachments, including those incorporated by reference, and any Amendments are considered part of the terms of this ContractGrant Agreement.
H. G. This Contract Grant Agreement may use several different limitations, regulations, or policies to regulate the same or similar matters. All such limitations, regulations, and policies are cumulative, and each will be performed in accordance with its terms.
I. H. Unless otherwise expressly provided, reference to any action of the System Agency or by the System Agency by way of consent, approval, or waiver will be deemed modified by the phrase “in its sole discretion.”
J. I. Time is of the essence in this ContractGrant Agreement.
▇. ▇▇▇▇▇ to execution of the Grant Agreement, Grantee must notify System Agency's designated contact in writing of any ambiguity, conflict, discrepancy, omission, or other error. If Grantee fails to notify the System Agency designated contact of any ambiguity, conflict, discrepancy, omission or other error in the Grant Agreement prior to ▇▇▇▇▇▇▇'s execution of the Grant Agreement, Grantee:
i. Shall have waived any claim of error or ambiguity in the Grant Agreement; and
ii. Shall not contest the interpretation by the System Agency of such provision(s). No grantee will be entitled to additional reimbursement, relief, or time by reason of any ambiguity, conflict, discrepancy, exclusionary specification, omission, or other error or its later correction.
Appears in 1 contract
Sources: Grant Agreement
Interpretive Provisions. A. The meanings of defined terms include the singular and plural forms.
B. The words “hereof,” “herein,” “hereunder,” and similar words refer to this Contract nt Agreement as a whole and not to any particular provision, section, Attachmentattachment, or schedule of this Contract Grant Agreement unless otherwise specified.
C. The term “including” is not limiting and means “including without limitation” and, unless otherwise expressly provided in this ContractGrant Agreement, (i) references to contracts (including this ContractGrant Agreement) and other contractual instruments shall be deemed to include all subsequent Amendments and other modifications, but only to the extent that such Amendments and other modifications are not prohibited by the terms of this ContractGrant Agreement, and (ii) references to any statute or regulation are to be construed as including all statutory and regulatory provisions consolidating, amending, replacing, supplementing, or interpreting the statute or regulation.
D. Any references to “sections,” “appendices,” or “attachments” are references to sections, appendices, or attachments of the Contract.
E. Any references to agreements, contracts, statutes, or administrative rules or regulations in the Contract Grant Agreement are references to these documents as amended, modified, or supplemented from time to time during the term of the ContractGrant Agreement.
F. E. The captions and headings of this Contract Grant Agreement are for convenience of reference only and do not affect the interpretation of this ContractGrant Agreement.
G. F. All Attachmentsattachments, including those incorporated by reference, and any Amendments are considered part of the terms of this ContractGrant Agreement.
H. G. This Contract Grant Agreement may use several different limitations, regulations, or policies to regulate the same or similar matters. All such limitations, regulations, and policies are cumulative, and each will be performed in accordance with its terms.
I. H. Unless otherwise expressly provided, reference to any action of the System Agency or by the System Agency by way of consent, approval, or waiver will be deemed modified by the phrase “in its sole discretion.”modified
J. I. Time is of the essence in this ContractGrant Agreement.
J. Prior to execution of the Grant Agreemen designated contact in writing of any ambiguity, conflict, discrepancy, omission, or other error. If Grantee fails to notify the System Agency designated contact of any ambiguity, conflict, discrepancy, omission, or other error execution of the Grant Agreement, Grantee:
i. Shall have waived any claim of error or ambiguity in the Grant Agreement; and
ii. Shall not contest the interpretation by the System Agency of such provision(s). No grantee will be entitled to additional reimbursement, relief, or time by reason of any ambiguity, conflict, discrepancy, exclusionary specification, omission, or other error or its later correction.
Appears in 1 contract
Sources: Interlocal Cooperation Contract
Interpretive Provisions. A. The meanings table of contents and headings contained in this Agreement are for reference purposes only and will not affect in any way the meaning or interpretation of this Agreement. Terms defined in the singular shall have a comparable meaning when used in the plural, and vice versa; the terms “Dollars” and “$” mean United States Dollars. Reference in this Agreement to gender shall include all genders, and words imparting the singular number only shall include the singular plural and plural forms.
B. vice versa. The words use of the terms “hereunder,” “hereof,” “herein,” “hereunder,hereto” and words of similar words import shall refer to this Contract Agreement as a whole and not to any particular provisionArticle, sectionSection or clause of or Exhibit, Attachment, Annex or schedule Schedule to this Agreement. The use of this Contract unless otherwise specified.
C. The term the terms “including” is not limiting and means or “including include” shall in all cases herein mean “including, without limitation” andor “include, unless otherwise expressly provided in this Contract, (i) references to contracts (including this Contract) and other contractual instruments shall be deemed to include all subsequent Amendments and other modifications, but only without limitation,” respectively. With respect to the extent that determination of any period of time, the word “from” means “from and including” and the words “to” and “until” each means “to but excluding.” Reference to any Person includes such Amendments Person’s predecessors, successors and other modifications assigns to the extent, in the case of successors and assigns, such successors and assigns are not prohibited permitted by the terms of any applicable agreement however, that nothing contained in this Contract, and (iiq) references is intended to authorize any assignment or transfer not otherwise permitted by this Agreement. Reference to a Person in a particular capacity excludes such Person in any other capacity or individually. Reference to any statute agreement (including this Agreement), document or regulation are instrument means such agreement, document or instrument as amended or modified and in effect from time to be construed as including all statutory and regulatory provisions consolidatingtime in accordance with the terms thereof and, amendingif applicable, replacing, supplementing, or interpreting the statute or regulation.
D. Any references terms hereof. Reference to “sections,” “appendices,” or “attachments” are references to sections, appendices, or attachments of the Contract.
E. Any references to agreements, contracts, statutes, or administrative rules or regulations in the Contract are references to these documents any Law means such Law as amended, modified, codified, replaced or supplemented from time to time during the term of the Contract.
F. The captions and headings of this Contract are for convenience of reference only and do not affect the interpretation of this Contract.
G. All Attachmentsre-enacted, in whole or in part, including those incorporated by reference, and any Amendments are considered part of the terms of this Contract.
H. This Contract may use several different limitationsrules, regulations, enforcement procedures and any interpretations promulgated thereunder. Underscored references to Articles, Sections, Exhibits or policies Schedules shall refer to regulate those portions of this Agreement. In the same event of a conflict between language or similar matters. All such limitationsamounts contained in the body of this Agreement and language or amounts contained in the Exhibits attached hereto, regulations, and policies are cumulative, and each will be performed the language or amounts in accordance with its terms.
I. Unless otherwise expressly provided, reference to any action the body of the System Agency or by the System Agency by way of consent, approval, or waiver will be deemed modified by the phrase “in its sole discretionAgreement shall control.”
J. Time is of the essence in this Contract.
Appears in 1 contract
Sources: Note Purchase Agreement (ZHRH Corp)