Common use of Certain Construction Rules Clause in Contracts

Certain Construction Rules. (a) The article and section headings contained in this Agreement are for reference purposes only and will not affect in any way the meaning or interpretation of this Agreement. As used in this Agreement, unless otherwise provided to the contrary, (i) all references to days will be deemed references to calendar days and (ii) any reference to a “Section” or “Article” will be deemed to refer to a section or article of this Agreement. The words “hereof,” “herein” and “hereunder” and words of similar import referring to this Agreement refer to this Agreement as a whole and not to any particular provision of this Agreement. Whenever the words “include,” “includes” or “including” are used in this Agreement, they will be deemed to be followed by the words “without limitation.” Unless otherwise specifically provided for herein, the term “or” will not be deemed to be exclusive. Whenever the context may require, any pronoun used in this Agreement will include the corresponding masculine, feminine or neuter forms, and the singular form of nouns, pronouns and verbs will include the plural and vice versa. (b) For purposes of this Agreement, references to “other enterprises” will include employee benefit plans; references to “fines” will include any excise taxes assessed on a person with respect to any employee benefit plan; references to “serving at the request of the Company” will include any service as a director, nominee for director, officer, employee or agent of the Company which imposes duties on, or involves services by, such director, nominee, officer, employee or agent with respect to an employee benefit plan, its participants or beneficiaries; and a person who acted in good faith and in a manner he reasonably believed to be in the interest of the participants and beneficiaries of an employee benefit plan will be deemed to have acted in a manner “not opposed to the best interests of the Company” as referred to in this Agreement.

Certain Construction Rules. (a) The article and section headings contained in this Agreement are for reference purposes only and will shall not affect in any way the meaning or interpretation of this Agreement. As used in this Agreement, unless otherwise provided to the contrary, (i1) all references to days will shall be deemed references to calendar days and (ii2) any reference to a “Section” or “Article” will shall be deemed to refer to a section or article of this Agreement. The words “hereof,” “herein” and “hereunder” and words of similar import referring to this Agreement refer to this Agreement as a whole and not to any particular provision of this Agreement. Whenever the words “include,” “includes” or “including” are used in this Agreement, they will shall be deemed to be followed by the words “without limitation.” Unless otherwise specifically provided for herein, the term “or” will shall not be deemed to be exclusive. Whenever the context may require, any pronoun used in this Agreement will shall include the corresponding masculine, feminine or neuter forms, and the singular form of nouns, pronouns and verbs will shall include the plural and vice versa. (b) For purposes of this Agreement, references to “other enterprises” will include employee benefit plans; references to “fines” will shall include any excise taxes assessed on a person with respect to any employee benefit plan; references to “serving at the request of the Company” will shall include any service as a director, nominee for director, officer, employee or agent of the Company or any of its Subsidiaries which imposes duties on, or involves services by, such director, nominee, officer, employee or agent with respect to an employee benefit plan, its participants or beneficiaries; and a person who acted in good faith and in a manner he reasonably believed to be in the interest of the participants and beneficiaries of an employee benefit plan will be deemed to have acted in a manner “not opposed to the best interests of the Company” as referred to in this Agreement.