References and Interpretation. Except where the context otherwise requires, this Agreement shall, be interpreted and applied in accordance with the following principles: Agreement: references to this “Agreement” include the Signing Page, Specific Terms, General Terms and Schedules;
References and Interpretation. Except as otherwise specifically indicated, all references herein to Section and Subsection numbers refer to Sections and Subsections of this Agreement, and all references herein to an exhibit refers to the exhibit attached hereto. The words "hereby", "herein", "hereto", "hereunder", "hereinafter", and words of similar import refer to this Agreement as a whole and not to any particular Section or Subsection hereof. Captions used herein are for convenience only and shall not be used to construe the meaning of any part of this Agreement. Whenever under the terms of this Agreement the time for performance of a covenant or condition falls upon a Saturday, Sunday or legal holiday, such time for performance shall be extended to the next business day; otherwise, all references herein to "days" shall mean calendar days.
References and Interpretation. Unless otherwise stated or the context otherwise requires:
References and Interpretation. References made in this Agreement, including use of a pronoun, shall be deemed to include where applicable, masculine, feminine, singular or plural, individuals or entities. As used in this Agreement, “person” shall mean any natural person, corporation, partnership, trust, limited liability company, court, agency, government, board, commission, estate or other entity or authority. All references in this Agreement to Exhibits, Schedules, Articles, Sections, Subsections, and other subdivisions refer to the Exhibits, Schedules, Articles, Sections, Subsections and other subdivisions of this Agreement unless expressly provided otherwise. The words “this Agreement,” “herein,” “hereby,” “hereunder” and words of similar import refer to this Agreement as a whole and not to any particular subdivision unless expressly so limited. The phrases “this Section” and “the Subsection” and similar phrases refer only to the Sections or Subsections hereof in which the phrase occurs. The word “or” is not exclusive, and “including” (and its various derivatives), means “including without limitation.” In the event an ambiguity or question of intent or interpretation of this Agreement arises, this Agreement shall be construed as if jointly drafted by the Parties, and no presumption or burden of proof shall arise favoring or disfavoring a Party as a result of authorship or drafting of any provision of this Agreement. “Business Day” means any day other than a Saturday, Sunday or a day on which national banks are allowed by the Federal Reserve System to be closed; and “day” without further qualification shall mean a calendar day.
References and Interpretation. All references in this Agreement to Schedules, Exhibits, Annexes, Articles, Sections, subsections and other subdivisions refer to the corresponding Schedules, Exhibits, Annexes, Articles, Sections, subsections and other subdivisions of or to this Agreement unless expressly provided otherwise. Titles appearing at the beginning of any Articles, Sections, subsections or other subdivisions of this Agreement are for convenience only, do not constitute any part of this Agreement, and shall be disregarded in construing the language hereof. Schedules, Exhibits and Annexes to this Agreement are attached hereto and by this reference incorporated herein for all purposes. The words “this Agreement,” “herein,” “hereby,” “hereunder” and “hereof,” and words of similar import, refer to this Agreement as a whole and not to any particular subdivision unless expressly so limited. The words “this Article,” “this Section” and “this subsection,” and words of similar import, refer only to the Article, Section or subsection hereof in which such words occur. The word “or” is not exclusive, and the word “including” (in its various forms) means including without limitation. Words, terms and titles (including terms defined herein) in the singular form shall be construed to include the plural and vice versa, unless the context otherwise requires. The Parties acknowledge that the Parties and their counsel have reviewed and revised this Agreement and that the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting Party shall not be employed in the interpretation of this Agreement. Information set forth in each Schedule shall be deemed to be disclosed with respect to any other section of this Agreement and any other Schedule to the extent the applicability of the disclosure to such other sections is reasonably apparent from the disclosure made. Any capitalized terms used in any Schedule, but not otherwise defined therein, shall have the meanings as defined in this Agreement.
References and Interpretation. Except to the extent the context otherwise requires, any reference in any of the Transaction Documents to:
References and Interpretation. (A) Headings, captions and titles used in this Agreement are included for convenience only and in no way define the scope or content of this Agreement or are to be used in the construction or interpretation of this Agreement. Any reference to a particular article or section number or exhibit is a reference to that specified article, section or exhibit of this Agreement, except to the extent that the cross reference expressly refers to another document.
References and Interpretation. This Licence will be interpreted and applied in accordance with the following principles: Documents: references to any document are references to that document as modified, novated, supplemented, varied or replaced at any time and in any written form, whether on paper or in an electronic form; Joint and Several: where two or more persons are bound by a provision in this Licence, that provision binds those persons jointly and each of them severally; Headings: section, clause and other headings are for ease of reference only and do not affect this Licence's interpretation; Inclusive Expressions: the term includes or including (or any similar expression) is deemed to be followed by the words without limitation; Negative Obligations: any obligation not to do anything includes an obligation not to suffer, permit or cause that thing to be done; Parties: references to any party are references to parties to this Licence and include that party's executors, administrators, successors and permitted assigns; Persons: an expression importing a natural person includes any company, trust, partnership, joint venture, association, body corporate or governmental agency; Plural and Singular: references to the singular include the plural and vice versa; Schedules: the schedules to this Licence and the provisions and conditions contained in those schedules have the same effect as if set out in the body of this Licence; Sections, Clauses and Schedules: references to sections, clauses and schedules are references to this Licence's sections, clauses and schedules; and Statutes and Regulations: references to any statutory provision are to statutory provisions in force in New Zealand and include any statutory provision which amends or replaces it, and any subordinate legislation made under it.
References and Interpretation. References made in this Agreement, including use of a pronoun, shall be deemed to include where applicable, masculine, feminine, singular or plural, individuals or entities. All references in this Agreement to Exhibits, Schedules, Articles, Sections, and other subdivisions refer to the Exhibits, Schedules, Articles, Sections, and other subdivisions of this Agreement unless expressly provided otherwise. The words "this Agreement," "herein," "hereby," "hereunder" and words of similar import refer to this Agreement as a whole and not to any particular subdivision unless expressly so limited. The phrases "this Section" and "this Section" and similar phrases refer only to the Sections or Sections hereof in which the phrase occurs. The word "or" is not exclusive, and "including" (and its various derivatives), means "including without limitation." In the event an ambiguity or question of intent or interpretation of this Agreement arises, this Agreement shall be construed as if jointly drafted by the Parties, and no presumption or burden of proof shall arise favoring or disfavoring a Party as a result of authorship or drafting of any provision of this Agreement. The Parties stipulate and agree that this Agreement shall be deemed and considered for all purposes, as prepared through the joint efforts of the Parties, and shall not be construed against one Party or the other as a result of the preparation, submittal or other event of negotiation, drafting or execution thereof.
References and Interpretation. References made in this Agreement, including use of a pronoun, shall be deemed to include where applicable, masculine, feminine, singular or plural, individuals or entities. As used in this Agreement, “person” or “Person” shall mean any natural person, corporation, partnership, trust, limited liability company, court, agency, government, board, commission, estate or other entity or authority. All references in this Agreement to Exhibits, Schedules, Articles, Sections and other subdivisions refer to the Exhibits, Schedules, Articles, Sections and other subdivisions of this Agreement unless expressly provided otherwise. The words “this Agreement,” “herein,” “hereby,” “hereunder” and words of similar import refer to this Agreement as a whole and not to any particular subdivision unless expressly so limited. The phrases “this Section” and similar phrases refer only to the Sections or Sections hereof in which the phrase occurs. The word “or” is not exclusive, and “including” (and its various derivatives), means “including without limitation.” In the event an ambiguity or question of intent or interpretation of this Agreement arises, this Agreement shall be construed as if jointly drafted by the Parties, and no presumption or burden of proof shall arise favoring or disfavoring a Party as a result of authorship or drafting of any provision of this Agreement. “Business Day” means any day other than a Saturday, Sunday or a day on which national banks are allowed by the Federal Reserve System to be closed; and “day” without further qualification shall mean a calendar day. The terms “reasonable efforts” and/or “commercially reasonable efforts” are not intended to require either Party to expend funds or make any other type of financial commitments. Derivatives and other forms of the terms defined in this Agreement shall have meanings consistent with the definitions herein provided. Time is of the essence of this Agreement. Each accounting term not defined herein, and each accounting term partly defined herein to the extent not defined, will have the meaning given to it under generally accepted accounting practices as interpreted as of the Execution Date.
