Common use of A reference to Clause in Contracts

A reference to. 1.1.3.1 one gender shall include the other gender; 1.1.3.2 the singular shall include the plural and vice versa; 1.1.3.3 a natural person shall include corporate or unincorporate created entities and vice versa; 1.1.3.4 all of the schedules and/or annexures are incorporated herein and shall have the same force and effect as if they were set out in the body of this Agreement; 1.1.3.5 words and/or expressions defined in this Agreement shall bear the same meanings in any schedules and/or annexures hereto which do not contain their own defined words and/or expressions; 1.1.3.6 where a period consisting of a number of days is prescribed, it shall be determined by excluding the first and including the last day; 1.1.3.7 where the day upon or by which any act is required to be performed is a Saturday, Sunday or public holiday in the Republic of South Africa, the parties shall be deemed to have intending such act to be performed upon or by the first day thereafter which is not a Saturday, Sunday or a public holiday; 1.1.3.8 where an expression has been defined (whether in 1.2 below or elsewhere in this Agreement) and such definition contains a provision conferring rights or imposing obligations on any party, effect shall be given to that provision as if it were a substantive provision contained in the body of this Agreement; 1.1.3.9 if figures are referred to in numbers and words, the words shall prevail in the event of any conflict between the two; 1.1.3.10 words and/or expressions defined in this Agreement shall, unless the application of such word and/or expression is specifically limited to that clause, bear the meaning so assigned to it; 1.1.3.11 the contra proferentem rule shall not apply and accordingly, none of the provisions hereof shall be construed against or interpreted to the disadvantage of the party responsible for the drafting or preparation of such provision; 1.1.3.12 the eiusdem generis rule shall not apply, and whenever a provision is followed by the word “including” and specific examples, such examples shall not be construed so as to limit the ambit of the provision concerned; 1.1.3.13 a reference to any statutory enactment shall be construed as a reference to that enactment as the signature date and as amending or re-enacted from time to time thereafter; 1.1.3.14 unless specifically provided to the contrary, all amounts referred to in this Agreement are exclusive of value added tax; 1.1.3.15 the expiration or termination of this Agreement shall not affect such of its provisions as expressly provided that they will continue to apply after such expiration or termination or which of necessity must continue to apply after such expiration or termination; 1.1.3.16 any communication which is required to be “in writing” shall include a communication which is written or produced by any substitute for writing or which is partly written and partly so produced, and shall include printing, typewriting, lithography, facsimile or electronic mail or any form of electronic communication or other process or partly one and partly another.

Appears in 2 contracts

Sources: Terms and Conditions, Terms and Conditions