CONSTRUCTION OF THIS DEED Sample Clauses

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. 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. This Deed is made under the provisions of Sections 106 and 106A(1)(a) of the Town and Country ▇▇▇▇▇▇▇▇ ▇▇▇ ▇▇▇▇, Section 111 of the Local Government ▇▇▇ ▇▇▇▇, Section 1 of the ▇▇▇▇▇▇▇▇ ▇▇▇ ▇▇▇▇ and all other enabling powers. The covenants, restrictions and requirements imposed upon the Owner under this Deed create planning obligations pursuant to Section 106 of the 1990 Act and are enforceable by the County Council as planning authorities against the Owner Insofar as any of the covenants contained in this Deed are not planning obligations within the meaning of the Act they are entered into pursuant to the powers contained in Section 111 of the Local Government ▇▇▇ ▇▇▇▇ Section 1 of the ▇▇▇▇▇▇▇▇ ▇▇▇ ▇▇▇▇ and all other enabling powers. 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 interchangeable 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 against each individually unless there is an express provision otherwise 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 Subject to clause 9.9 of the Original Agreement (as varied pursuant to this Deed) references to any party to this Deed shall include the successors in title to that party and to any party deriving title through or under that party and in the case of the Council the successors to its statutory functions If any provision of this Deed is found to be in whole or part invalid illegal or unenforceable then it will be deemed to be deleted and it will not affect the validity legality or enforceability of the remaining provisions of this Deed

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. 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 more than one person is a party and/or where more than one party undertakes an obligation all their obligations can be enforced against all of them jointly and against each individually.

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. 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 severally 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 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 Council and County Council the successors to their respective statutory functions. 2.7 A reference to a company shall include any company, corporation or other body corporate, wherever and however incorporated. 2.8 A reference to writing or written includes email. 2.9 A reference to this deed or to any other deed or document referred to in this deed is a reference to this deed or such other deed or document as varied or novated (in each case, other than in breach of the provisions of this deed) from time to time. 2.10 An obligation on a party not to do something includes an obligation not to allow that thing to be done. 2.11 Any words following the terms including, include, in particular, for example or any similar expression shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms. 2.12 The headings and contents list are for reference only and shall not affect construction.

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. 2.2 The clause headings in this Deed are for ease of reference only and shall not affect construction thereof. 2.3 Words importing the singular meaning shall where the context so admits include the plural meaning and vice versa. 2.4 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. 2.5 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. 2.6 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. 2.7 References to the [Gain Site Operator [or the Freehold Owner]] in this Deed shall include the successors in title and assigns to that party and to any person deriving title through or under that party and in the case of the Council the successors to its statutory functions. 2.8 The obligations contained herein relate to the Biodiversity Gain Land and each and every part thereof. 2.9 Any covenant by [Gain Site Operator [or the Freehold Owner]] not to do any act or thing shall be deemed to include a covenant not to cause permit or suffer the doing of that act or thing.