CONSTRUCTION OF THIS DEED Sample Clauses
The "CONSTRUCTION OF THIS DEED" clause defines how the terms and provisions of the deed should be interpreted and understood by the parties involved. It typically sets out rules for resolving ambiguities, clarifies the meaning of specific terms, and may specify that headings are for convenience only and do not affect interpretation. This clause ensures that all parties have a common understanding of the document's language, reducing the risk of disputes over meaning and promoting clarity in the application of the deed's terms.
CONSTRUCTION OF THIS DEED. 2.1 Where in this Deed reference is made to any clause, paragraph, schedule or recital such reference (unless the context otherwise requires) is a reference to a clause, paragraph, schedule or recital in this Deed.
2.2 Words importing the singular meaning where the context so admits include the plural meaning and vice versa.
2.3 Words of the masculine gender include the feminine and neuter genders and words denoting actual persons include companies, corporations and firms and all such words shall be construed interchangeably in that manner.
2.4 Wherever more than one person named as a party and where more than one party undertakes an obligation all their obligations can be enforced against all of them jointly and severally unless there is an express provision otherwise.
2.5 Any reference to an Act of Parliament or Directive of the European Union shall include any modification, extension or re-enactment of that Act or Directive for the time being in force and shall include all instruments, orders, plans, regulations, permissions and directions for the time being made, issued or given under that Act or Directive or deriving validity from it.
2.6 Any references to any party to this Deed shall include the successors in title to that party and to any person deriving title through or under that party and in the case of the [District/Borough] Council and County Council the successors to their respective statutory functions.
2.7 The headings are for reference only and shall not affect construction.
2.8 Any covenant by the [Owner(s)/Developer] not to do an act or thing shall be deemed to include an obligation not to permit or suffer such act or thing to be done by another person.
CONSTRUCTION OF THIS DEED. 2.1. Where in this Agreement reference is made to any clause paragraph or schedule or recital such reference (unless the context otherwise requires) is a reference to a clause paragraph or schedule or recital in this Agreement
2.2. Words importing the singular meaning where the context so admits include the plural meaning and vice versa
2.3. Words of the masculine gender include the feminine and neuter genders and words denoting actual persons include companies corporations and firms and all such words shall be construed interchangeable in that manner
2.4. Wherever there is more than one person named as a party and where more than one party undertakes an obligation all their obligations can be enforced against all of them jointly and against each individually unless there is an express provision otherwise
2.5. Any reference to an Act of Parliament shall include any modification, extension or re-enactment of that Act for the time being in force and shall include all instruments orders plans regulations permissions and directions for the time being made issued or given under that Act or deriving validity from it
2.6. References to any party to this Agreement shall include the successors in title to that party and to any deriving title through or under that party and in the case of the Council the successors to its respective statutory functions
CONSTRUCTION OF THIS DEED. 3.1 Where in this Deed reference is made to clause, paragraph, or schedule or recital such reference (unless the context requires otherwise) is a reference to a clause paragraph or schedule or recital in this Deed
3.2 References to any party to this Deed shall include the successors in title to that party and any deriving title through or under that party and in the case of the Authority the successors to their respective statutory functions
3.3 Where there is more than one person named as a party and where more than one party undertakes an obligation all their obligations can be enforced against all of them jointly and against each individually unless there is an express provision otherwise
3.4 Words of the masculine gender include the feminine and neuter genders
3.5 Words importing the singular shall be construed as importing the plural and vice versa unless stated otherwise.
3.6 The clause and paragraph headings in the body of this Deed and in the Schedule do not form part of this Deed and shall not be taken into account in its construction or interpretation.
3.7 Any reference to an Act of Parliament shall include any modification, extension or re-enactment of that Act for the time being in force and shall include all instruments, orders, plans, regulations, permissions and directions for the time being made, issued or given under that Act or deriving validity from it.
CONSTRUCTION OF THIS DEED. Where in this Deed reference is made to any clause, paragraph or schedule or recital such reference (unless the context otherwise requires) is a reference to a clause, paragraph or schedule or recital in this Deed.
CONSTRUCTION OF THIS DEED. 3.1 Where in this Deed reference is made to clause, paragraph, or schedule or recital such reference (unless the context requires otherwise) is a reference to a clause paragraph or schedule or recital in this Deed
3.2 References to any party to this Deed shall include the successors in title to that party and any deriving title through or under that party and in the case of the Authority the successors to its statutory functions
3.3 Where there is more than one person named as a party and where more than one party undertakes an obligation all their obligations can be enforced against all of them jointly and against each individually unless there is an express provision otherwise
3.4 Any obligation on a party not to do any act or thing includes an obligation not to allow that act or thing to be done by any person under its his or their control
3.5 Nothing in this Deed shall be construed as preventing or restricting the exercise by the Authority of the powers vested them by the Act or any other statutory power.
3.6 Words of the masculine gender include the feminine and neuter genders
3.7 Words importing the singular shall be construed as importing the plural and vice versa unless stated otherwise.
3.8 The clause and paragraph headings in the body of this Deed and in the Schedule do not form part of this Deed and shall not be taken into account in its construction or interpretation.
3.9 Any reference to an Act of Parliament shall include any modification, extension or re- enactment of that Act for the time being in force and shall include all instruments, orders, plans, regulations, permissions and directions for the time being made, issued or given under that Act or deriving validity from it.
3.10 Insofar as any clause or paragraph of this Deed are found (for whatever reason) to be invalid illegal or unenforceable then such invalidity illegality or unenforceability shall not affect the validity or enforceability of the remaining provisions of this Deed.
CONSTRUCTION OF THIS DEED. Where in this Deed reference is made to any clause, paragraph or schedule or recital such reference (unless the context otherwise requires) is a reference to a clause, paragraph or schedule or recital in this Deed. Words importing the singular meaning where the context so admits include the plural meaning and vice versa. Words of the masculine gender include the feminine and neuter genders and words denoting actual persons include companies, corporations and firms and all such words shall be construed interchangeably in that manner. Wherever there is more than one person named as a party and where more than one party undertakes an obligation all their obligations can be enforced against all of them jointly and severally unless there is an express provision otherwise.
CONSTRUCTION OF THIS DEED. 2.1 Where in this Deed reference is made to any clause paragraph schedule or recital such reference (unless the context otherwise requires) is a reference to a clause paragraph or schedule or recital in this Deed.
2.2 Words importing the singular meaning where the context so admits include the plural meaning and vice versa.
2.3 Words of the masculine gender include the feminine and neuter genders and words denoting actual persons include companies corporations and firms and all such words shall be construed as being interchangeable in that manner.
2.4 References to any party to this Deed shall include the successors in title to that party and to any person deriving title through or under that party and in the case of the County Council the successors to its respective statutory functions.
2.5 Title headings to the clauses schedules and paragraphs are for convenience only and shall not affect the interpretation of this Deed 3 LEGAL BASIS
3.1 This Deed is made pursuant to Section 106 of the Act all other statutory and other enabling powers.
3.2 The covenants restrictions and requirements imposed upon the Owner under this Deed create planning obligations pursuant to Section 106 of the Act and are enforceable by the County Council as local planning authority.
CONSTRUCTION OF THIS DEED. 2.1. Words importing the masculine include the feminine and neuter gender and vice versa
2.2. Words importing the singular include the plural and vice versa
2.3. Words importing persons include companies corporations and vice versa and all such words shall be construed interchangeable in that manner
2.4. Wherever there is more than one person named as a party and where more than one party undertakes an obligation (including by becoming a successor in title) all their obligations can be enforced against all of them jointly and against each individually
2.5. Insofar as different parts of or interests in the Land are owned by different persons each person Covenants with the Council and with one another to co-operate insofar as they are able to ensure that the Covenants herein on behalf of “the Owner” are fulfilled as expeditiously as possible
2.6. The headings throughout this Deed are for convenience only and shall not be taken into account in the construction and interpretation of this Deed
2.7. Any reference to a clause paragraph schedule or plan is to one in to or attached to this Deed and any reference to this Deed includes any schedule, plan, annexure or other attachment to this Deed
2.8. In the absence of contrary provision any reference to a Council document to be completed which is annexed or referred to in this Deed shall be the Council document which is current and in force at the date of its completion
2.9. In the absence of contrary provision any reference to a statute or statutory instrument includes any statute or statutory instrument amending consolidating or replacing them respectively from time to time and for the time being in force and reference to a statute includes any statutory instrument direction or specification made or issued under the statute or deriving validity from it
2.10. References to any party to this Deed shall include the successors in title to that party and to any deriving title through or under that party and successors to any statutory functions of the Council
2.11. Covenants to do or not to do an action shall include respectively a covenant to permit or not to permit that action to be done
CONSTRUCTION OF THIS DEED.
2.1. Where in this Deed reference is made to any clause, paragraph or schedule or recital such reference (unless the context otherwise requires) is a reference to a clause, paragraph or schedule or recital in this Deed (unless the context otherwise requires).
2.2. Words importing the singular meaning where the context so admits include the plural meaning and vice versa.
2.3. Words of the masculine gender include the feminine and neuter genders and words denoting actual persons include companies, corporations and firms and all such words shall be construed interchangeable in that manner.
2.4. Any reference to an Act of Parliament shall include any modification, extension or re-enactment of that Act for the time being in force and shall include all instruments, orders, plans, regulations, permissions and directions for the time being made, issued or given under that Act or deriving validity from it.
2.5. References to any party to this Deed shall include the successors in title to that party and to any deriving title through or under that party and in the case of the Council the successors to their respective statutory functions.
2.6. The headings and contents list are for reference only and shall not affect construction.
2.7. Any covenant by the Owner or the Council not to do any act or thing includes a covenant not to permit or allow the doing of that act or thing.
2.8. Insofar as any clause or clauses of this Deed are found (for whatever reason) to be invalid illegal or unenforceable then such invalidity illegality or unenforceability shall not affect the validity or enforceability of the remaining provisions of this Deed.
CONSTRUCTION OF THIS DEED. 1.1 Where in this Deed reference is made to any clause, paragraph or schedule, such reference is to a clause, paragraph or schedule in this Deed.
1.2 Words importing the singular meaning include the plural and vice versa, except where the context requires otherwise.
1.3 Words of the masculine gender include other genders, and words denoting persons include corporate persons and associations.
1.4 Where there is more than one party to this Deed, all obligations are joint and several.
1.5 Any reference to an Act of Parliament includes any modification or re-enactment of the same and all instruments or orders of whatever nature made under it or deriving from it.
1.6 References to any party to this Deed shall include successors in title to that party.