Rules for Interpreting Clause Samples
The "Rules for Interpreting" clause establishes guidelines for how the terms and language of a contract should be understood and applied. It typically clarifies how ambiguities, definitions, headings, and references to laws or documents are to be interpreted throughout the agreement. For example, it may specify that singular words include the plural, or that section headings are for convenience only and do not affect meaning. This clause ensures consistency and reduces the risk of disputes over differing interpretations, thereby promoting clarity and predictability in the contract's application.
Rules for Interpreting. This Agreement: In the event of internal conflicts or inconsistencies in this Agreement, the following rules for how those conflicts or inconsistencies shall be resolved will apply:
(1) Handwritten changes shall control over pre-printed or typed provisions;
(2) Exhibits shall control over the main body of the Agreement;
(3) Special Stipulations shall control over both exhibits and the main body of the Agreement;
(4) Notwithstanding the above, the Amendatory Clause in any FHA or VA exhibit shall control over inconsistent or conflicting provisions contained in another exhibit or a special stipulation.
(5) Notwithstanding the above, the Amendatory Clause in the FHA or VA Exhibit shall control over inconsistent or conflicting provisions contained elsewhere in this Agreement. ▇▇▇▇▇ and Seller acknowledge and agree that the “Further Agreement Pertaining to Amendatory Clause” section in the FHA or VA Exhibits does not conflict and is not inconsistent with the Amendatory Clause.
(6) Except as otherwise provided herein, this agreement and any amendment thereto shall be enforceable, as between the parties, even without the signature of any Broker referenced herein. Notwithstanding the above, if any provision(s) in this Agreement, including a provision(s) in any amendment hereto, changes the total amount of Compensation due to any Broker from the total amount of Compensation said ▇▇▇▇▇▇ has previously agreed to in writing, then such change to the Broker’s Compensation shall only be binding if the Broker impacted by such change consents to the same in writing. If a Buyer’s Broker Compensation Agreement (F259) is attached as an exhibit to this Agreement, this Agreement shall not be enforceable unless this Agreement is signed by the Broker paying or receiving Compensation thereunder or such Buyer’s Broker Compensation Agreement has been initialed, by the Broker(s) paying or receiving Compensation thereunder, and, in cases where the Seller’s Broker is sharing a portion of its Compensation with the Buyer’s Broker, the Seller’s Broker.
(7) If Broker has written any special stipulations herein, the party for whom such special stipulations were written: a) confirms that each such stipulation fully and accurately reflects that party’s intentions; b) accepts each special stipulation as if it were written by such party; and c) hereby agrees to indemnify and hold ▇▇▇▇▇▇ who prepared the stipulation harmless from any and all claims, causes of action, suits, and damages arising ou...
Rules for Interpreting this Agreement
(a) Headings are for convenience only, and do not affect interpretation.
(b) A reference to:
(1) legislation (including subordinate legislation, the Market Rules and the SP Arrangements) is to that legislation as amended, re-enacted or replaced, and includes any subordinate legislation issued under it;
(2) a document or agreement, or a provision of a document or agreement, is to that document, agreement or provision as amended, supplemented, replaced or novated; and
(3) a person includes a body corporate.
(c) A singular word includes the plural, and vice versa.
(d) If a word is defined, another part of speech has a corresponding meaning.
(e) Monetary amounts are expressed in Australian currency.
(f) A reference to the word “including” or “includes” means “including without limitation”.
Rules for Interpreting. This Agreement: In the event of internal conflicts or inconsistencies in this Agreement, the following rules for how those conflicts or inconsistencies shall be resolved will apply:
(1) Handwritten changes shall control over pre-printed or typed provisions;
(2) Exhibits shall control over the main body of the Agreement;
(3) Special Stipulations shall control over both exhibits and the main body of the Agreement;
(4) Notwithstanding the above, the Amendatory Clause in any FHA or VA exhibit shall control over inconsistent or conflicting provisions contained in another exhibit or a special stipulation.
(5) Notwithstanding the above, the Amendatory Clause in the FHA or VA Exhibit shall control over inconsistent or conflicting provisions contained elsewhere in this Agreement. ▇▇▇▇▇ and Seller acknowledge and agree that the “Further Agreement Pertaining to Amendatory Clause” section in the FHA or VA Exhibits does not conflict and is not inconsistent with the Amendatory Clause.
Rules for Interpreting. This Agreement: In the event of internal conflicts or inconsistencies in this Agreement, the following rules for how those conflicts or inconsistencies shall be resolved will apply:
(1) Handwritten changes shall control over pre-printed or typed provisions; Y
(2) Exhibits shall control over the main body of the Agreement;
(3) Special Stipulations shall control over both exhibits and the main body of the Agreement;
(4) Notwithstanding the above, any amendatory clause in an FHA or VA exhibit shall control over inconsistent or conflicting provisions contained in a special stipulation, another exhibit or the main body of the Agreement.
Rules for Interpreting this Subscription Agreement
(a) Headings are for convenience only, and do not affect interpretation. The following rules also apply in interpreting this Subscription Agreement, except where the context makes it clear that a rule is not intended to apply.
(b) A reference to:
(i) a legislative provision or legislation (including subordinate legislation) is to that provision or legislation as amended, re-enacted or replaced, and includes any subordinate legislation issued under it;
(ii) a document (including this Subscription Agreement) or agreement, or a provision of a document (including this Subscription Agreement) or agreement, is to that document, agreement or provision as amended, supplemented, replaced or novated;
(iii) a party to this Subscription Agreement or to any other document or agreement includes a successor in title, permitted substitute or a permitted assign or transferee of that party;
(iv) a person includes any type of entity or body of persons, whether or not it is incorporated or has a separate legal identity, and any executor, administrator or successor in law of the person; and
(v) anything (including a right, obligation or concept) includes each part of it.
(c) A singular word includes the plural, and vice versa.
(d) A word which suggests one gender includes the other genders.
(e) If a word or phrase is defined, any other grammatical form of that word or phrase has a corresponding meaning.
(f) If an example is given of anything (including a right, obligation or concept), such as by saying it includes something else, the example does not limit the scope of that thing.
(g) The word agreement includes an undertaking or other binding arrangement or understanding, whether or not in writing.
(h) The expression this Subscription Agreement includes the agreement, arrangement, understanding or transaction recorded in this Subscription Agreement, including all schedules and annexures to the Subscription Agreement and, for the avoidance of doubt, the Note Terms.
(i) The expressions subsidiary, holding company and related body corporate have the same meanings as in the Corporations Act.
(j) A reference to dollars, US$ or cents is to an amount in US Dollars and a reference to AUD is to an amount in Australian Dollars.
Rules for Interpreting. This Agreement The following rules govern the interpretation of This Agreement, unless the context otherwise demands:
1.2.1. No provision of This Agreement shall be interpreted to the disadvantage of a Party by reason of that Party being responsible for the preparation of This Agreement or the inclusion of the provision in This Agreement and this rule shall apply without exception to the interpretation of any exclusion, release or indemnity provision.
1.2.2. Any reference in This Agreement to the law shall include a reference to all laws in force in South Australia and shall include a reference to the laws of the Commonwealth, common law, equity, licenses, ordinances, by-laws, permits, approvals and codes.
1.2.3. Any reference in This Agreement to an Act shall include a reference to the Act as in force from time to time and to all instruments made under or pursuant to the Act, and shall include bylaws.
1.2.4. Except where the context otherwise requires, a reference in This Agreement to Party includes a reference to the Party’s employees, agents and contractors.
1.2.5. Any reference in This Agreement to GST, a taxable supply or a Tax Invoice shall bear the meaning defined in the A New Tax System (Goods and Services Tax) ▇▇▇ ▇▇▇▇ (Cth).
1.2.6. Except where expressly stated otherwise, any monetary amount specified in This Agreement in relation to a taxable supply is inclusive of GST.
1.2.7. The giving of an example of a thing (including a right or obligation) does not limit the scope of that thing.