Resolution of Ambiguities. If there is any ambiguity, discrepancy or inconsistency in the documents which make up the Contract the order of precedence in the Contract Particulars will apply. If the Contractor or the Contract Administrator considers there is any ambiguity, discrepancy or inconsistency in any documents which form part of the Contract, it must give notice to the other. The Contract Administrator must direct the Contractor as to the course it must adopt within 14 days of this notice. If the Contractor believes this direction constitutes a Variation it must give notice to the Contract Administrator under clause 10.4 before it complies with this direction.
Resolution of Ambiguities. All questions regarding the meaning and terms of either the Retirement Policy or this Agreement will be resolved by the Xxxxxx. CATHOLIC XXXXXX OF SPOKANE By: Most Xxx. Xxxxxx X. Daly PRESBYTERAL COUNCIL OF THE DIOCESE OF SPOKANE By: Xxx. Xxxxx Xxxxxx CHAIR By: Xxx. Xxxx Xxxxx VICE CHAIRMAN I hereby testify to the authenticity of the foregoing instrument in accord with canon 483.1.
Resolution of Ambiguities. If there is any ambiguity, discrepancy or inconsistency in the documents which make up the Contract: subject to subparagraph (ii), the order of precedence specified in the Contract Particulars will apply; where the ambiguity, discrepancy or inconsistency is between the Works Description and any other requirement of the Contract (including any other requirement of the Works Description), the greater, higher or more stringent requirement, standard, level of service or scope (as applicable) will prevail; and irrespective of whether subparagraphs (i) and (ii) apply, if it is discovered by: the Contractor or the Commonwealth, then the party discovering it must promptly give the Contract Administrator and the other party notice in writing. After receipt of a notice from a party the Contract Administrator must within 14 days of receipt of the notice instruct the Contractor as to the course it must adopt; or the Contract Administrator, then the Contract Administrator must promptly give the parties notice in writing together with an instruction to the Contractor as to the course it must adopt, including, where applicable, by applying the principles in subparagraphs (i) and (ii) above.
Resolution of Ambiguities. If an ambiguity exists in this Agreement, or in a specific provision hereof, neither the Agreement nor such provision shall be construed against the party who drafted the Agreement or such provision.
Resolution of Ambiguities. All parties acknowledge that this Agreement in its final form has been reviewed and approved by each of their respective attorneys. For that reason, all parties agree that should any provisions of this Agreement be found to be ambiguous in any way, such ambiguity shall not be resolved by construing the document in favor of or against any party hereto, but rather by construing the terms of the document fairly and reasonably, in accordance with the generally accepted meaning of said terms except as otherwise specifically defined herein. This Agreement shall be interpreted consistently with the intent that this Agreement shall fully and finally resolve all of the respective rights, obligations and claims of the parties with respect to the subject matter of this Agreement. For purposes of this Agreement, unless a clear and contrary intention appears, the singular includes the plural and vice versa, “including” (and with correlative meaning “include”) means including without limiting the generality of any description preceding such term, and “or” is used in the inclusive sense of “and/or.”
Resolution of Ambiguities. All parties have been represented by legal counsel of their own choice in negotiation, drafting and review of this agreement. No rule of construction resolving any ambiguity against a drafting party shall apply.
Resolution of Ambiguities. In the case of any ambiguity as to the interpretation of any definition or provision hereof, the Managing Member shall, to the fullest extent permitted by law, be entitled to resolve such ambiguity in a manner permitted under Section 9.3(b)(ii) hereof.
Resolution of Ambiguities. Without limiting Section 13.6, in the case of any ambiguity as to the interpretation of any definition or provision hereof, the Board shall, to the fullest extent permitted by law, be entitled to resolve such ambiguity in a manner permitted under Section 9.5(b)(ii) hereof.
Resolution of Ambiguities. Each Party and its legal advisers have reviewed and participated jointly in negotiating and drafting this Agreement. In the event of an ambiguity or question of intent or interpretation regarding a person's rights and obligations under this Agreement or otherwise with respect to the provisions hereof, this Agreement shall be construed on the basis that it was drafted jointly by the Parties and no presumption or burden of proof shall apply favouring or disfavouring any Party based on authorship.
Resolution of Ambiguities. All questions regarding the meaning and terms of either the Retirement Policy or this Agreement will be resolved by decision of the Xxxxxx. CATHOLIC XXXXXX OF SPOKANE By: XXXXXXX X. XXXXXXXX PRESBYTERAL COUNCIL OF THE DIOCESE OF SPOKANE By: Chairman By: Vice Chairman I hereby testify to the authenticity of the foregoing instrument in accord with canon 483.1. Xxx. Xxxx X. Pautler, Chancellor, Diocese of Spokane on this 8th day of March, 1991. RETIREMENT POLICY PRESBYTERATE OF THE DIOCESE OF SPOKANE Retirement Policy-Endorsed by Presbyteral Council 10/3/89 - Approved "Juxta Modum" by Presbyteral Assembly 9/26/90 - Revision recommended by Xxxxxx to Presbyteral Council 10/19/90 - Approved by Xxxxxx Xxxxxxxx 10/22/90 - Medical Benefit Approved by Xxxxxx Skylstad 2/25/91 - Effective by signed Contract 3/8/91 PREAMBLE The Presbyterate of the Diocese is an integral part of the community of faith. Its welfare and life must be the concern of all people. Faithful to the teaching of the Second Vatican Council, the Diocese recognizes that right and necessity that after many years of service priests retire with dignity and security. The program based on the policies given below is not simply a business contract. It is the manifestation of a familial concern for the person of priests who have served the mission of this Diocese. It is important to know that it is not a previously funded program; it is not a program to which the priest as an employee has contributed. Such relationships are secondary to the familial relationship that exists between a Xxxxxx and the Presbyterate of the Diocese and among the priests as brothers. The Presbyterate of this Diocese commits itself to the care of our retired brothers. Our concern is not simply about the economic security that they should enjoy, but about their total well being as men of faith and service This policy attempts to spell out the ordinary circumstances of priestly retirement. It is difficult to spell out all the possible situations that might exist. For example, those who have earned other benefits or experience extraordinary situations, must be dealt with in some adjusted way through dialogue and fraternal concern. Incardination is the covenant relationship which exists between a priest, the Xxxxxx of the Diocese, and the people of the Diocese. It is the strategic relationship in which the shared responsibility for the care and dignity of a priest is defined. If a priest is not incardinated in the Diocese or is not see...
