Miscellaneous Provisions Interpretation Clause Samples
The "Miscellaneous Provisions; Interpretation" clause serves to address various additional legal and interpretive matters that do not fit neatly into other sections of an agreement. It typically covers topics such as governing law, severability, amendment procedures, and rules for interpreting the contract's language, such as how headings are used or how ambiguities are resolved. By consolidating these essential but diverse points, this clause ensures the contract is interpreted consistently and remains enforceable even if certain provisions are challenged or found invalid, thereby promoting legal certainty and reducing the risk of disputes over technicalities.
Miscellaneous Provisions Interpretation. References to a party to this contract include the party, his executors, administrators, or permitted assigns (or in the case of a corporation, the party and its successors and assigns or permitted assigns). The word "person" includes a corporation. Words written in the singular shall include the plural and vice versa, and the masculine or neuter genders shall include every gender. References to statutes shall include all statutes, amending, consolidated or replacing them. If two or more parties enter into covenants, obligations or agreements together, those covenants, obligations or agreements shall bind them all jointly and severally. The words "in writing" include any communication sent by letter, facsimile or email. Where under this contract:
a) anything is required to be done on the 29th, 30th, or 31st day of a month which does not contain such a date, references to that date shall be construed as references to the last day of the month;
b) anything falls due to be done on a Saturday, Sunday or gazetted public holiday or a notice is deemed to be served on that date, the next day which is not a Saturday, Sunday or gazetted public holiday will be the date by which that thing falls due or when service is deemed to occur. Each party do whatever further acts and execute whatever further documents as might be required by law or reasonably requested by the other party in order to carry out and affect the intent and purpose of this contract. The laws of Western Australia govern this contract. Any dispute arising from this contract is to be determined by the courts of Western Australia and any court of appeal from a Western Australian court.
Miscellaneous Provisions Interpretation