FAIR CONSTRUCTION & INTERPRETATION Clause Samples

FAIR CONSTRUCTION & INTERPRETATION. The provisions of this Master Contract shall be construed as a whole according to their common meaning and not strictly for or against any party and consistent with the provisions contained herein in order to achieve the objectives and purposes of this Master Contract. Each party hereto and its counsel has reviewed and revised this Master Contract and agrees that the normal rules of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be construed in the interpretation of this Master Contract. Each term and provision of this Master Contract to be performed by either party shall be construed to be both a covenant and a condition.

FAIR CONSTRUCTION & INTERPRETATION. The provisions of this Cooperative Purchasing Agreement shall be construed as a whole according to their common meaning and not strictly for or against any party and consistent with the provisions contained herein in order to achieve the objectives and purposes of this Cooperative Purchasing Agreement. Each party hereto and its counsel has reviewed and revised this Cooperative Purchasing Agreement and agrees that the normal rules of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be construed in the interpretation of this Cooperative Purchasing Agreement. Each term and provision of this Cooperative Purchasing Agreement to be performed by either party shall be construed to be both a covenant and a condition.

FAIR CONSTRUCTION & INTERPRETATION. The provisions of this Cooperative Purchasing Master Agreement shall be construed as a whole according to their common meaning and not strictly for or against any party and consistent with the provisions contained herein in order to achieve the objectives and purposes of this Cooperative Purchasing Master Agreement. Each party hereto and its counsel has reviewed and revised this Cooperative Purchasing Master Agreement and agrees that the normal rules of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be construed in the interpretation of this Cooperative Purchasing Master Agreement. Each term and provision of this Cooperative Purchasing Master Agreement to be performed by either party shall be construed to be both a covenant and a condition.

FAIR CONSTRUCTION & INTERPRETATION. The provisions of this Master Contract shall be construed as a whole according to their common meaning and not strictly for or against any party and consistent with the provisions contained herein in order to achieve the objectives and purposes

FAIR CONSTRUCTION & INTERPRETATION. The provisions of this Master Agreement and the Participating ADDENDUM shall be construed as a whole according to their common meaning and not strictly for or against any party and consistent with the provisions contained herein in order to achieve the objectives and purposes of this Master Agreement. Each party and its counsel has reviewed and revised this Master Agreement and Participating Addendum and agrees that the normal rules of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be construed in the interpretation of this Master Agreement and Participating Addendum. Each term and provision of this Master Agreement and Participating Addendum to be performed by either party shall be construed to be both a covenant and a condition.

FAIR CONSTRUCTION & INTERPRETATION. The provisions of this Cooperative Purchasing Agreement shall be construed as a whole according to their common meaning and not strictly for or against any party and consistent with the provisions contained herein in order to achieve the objectives and purposes of this Cooperative Purchasing Agreement. Each party hereto and its counsel has reviewed and revised this Cooperative Purchasing Agreement and agrees that the normal rules of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be construed in the interpretation of this Cooperative Purchasing This Contract is for purchasing equipment, systems and parts for Illumination Traffic Signals and Intelligent Transportation Equipment and Systems to aid in traffic safety and management, additionally all awarded manufactured products by specified contract category, for each of the following categories for Illumination Traffic Signals and Intelligent Transportation Systems includes replacement parts and any manufactured required mounting hardware, needed to deliver a complete system solution. Warranty: Meets requirement. Category Description Manufacturer 6 DETECTION SYSTEMS - INFRARED / PARTS K&K Systems 11 DETECTION SYSTEMS - THERMAL K&K Systems 12 DETECTION SYSTEMS - VIDEO / PARTS K&K Systems 13 DIGITAL VIDEO RECORDERS / PARTS K&K Systems 15 FLASHING BEACONS / PARTS K&K Systems 21 ILLUMINATION - NAVIGATION LIGHTING / PARTS K&K Systems 22 ILLUMINATION - SIGN LIGHTING MECHANICAL SYSTEMS / PARTS K&K Systems 31 MOTION SENSORS / PARTS K&K Systems 36 PEDESTRIAN PUSHBUTTONS - ACCESSIBLE PEDESTRIAN SIGNALS (APS) / PARTS K&K Systems 37 PEDESTRIAN PUSHBUTTONS - CONVENTIONAL (NON-APS) / PARTS K&K Systems 42 RECTANGULAR RAPID FLASHING BEACON (RRFB) SYSTEMS / PARTS K&K Systems 48 SCHOOL ZONE FLASHER (NON SOLAR POWERED) EQUIPMENT / PARTS K&K Systems 49 SCHOOL ZONE FLASHER (SOLAR POWERED) EQUIPMENT / PARTS K&K Systems 50 SERVICE CABINETS / PARTS K&K Systems 56 SIGNS - ELECTRONIC (REGULATORY, WARNING, GUIDE, ETC.) / PARTS K&K Systems 59 SIGNS - MOUNTING HARDWARE AND BRACKETS / PARTS K&K Systems 61 SIGNS - SIGNS WITH EMBEDDED FLASHING LIGHTS / PARTS K&K Systems 62 SIGNS - VEHICLE ACTIVATED TRAFFIC CONTROL SIGNS (VATCS) (RADAR, CURVE WARNING, SPEED WARNING, ETC.) / PARTS K&K Systems 64 SURVEILENCE TRAILERS / PARTS K&K Systems 66 TIME CLOCKS K&K Systems 75 VARIABLE MESSAGE SIGNS (VMS) - VRIABLE SPEED LIMIT OR LANE UTILIZATION TYPE / PARTS K&K Systems 81 MISCELLANEOUS PARTS K&K ...

FAIR CONSTRUCTION & INTERPRETATION. The provisions of this Master Contract shall be construed as a whole according to their common meaning and not strictly for or against any party and consistent with the provisions contained herein in order to achieve the objectives and purposes of this Master Contract. Each party hereto and its counsel has reviewed and revised this Master Contract and agrees that the normal rules of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be construed in the interpretation of this Master Contract. Each term and provision of this Master Contract to be performed by either party shall be construed to be both a covenant and a condition. Contractor will provide contract services in the following regions and subcategories: Region Sub Category South Central Inside Outside Eastern Inside Outside North Central Inside Outside Solicitation NO.: 05620- IT Cabling Category 1- Services and Installation BIDDER: Interwest Communications Scope: Information technology (IT) cabling goods and services for new and previously installed Local Area Networks (LANs) and Wide Area Networks (WANs) and other voice, data, or video systems. For purposes of this Competitive Solicitation, IT cabling is defined as including outside aerial and underground cables and inside riser, distribution, and station cabling. Copper twisted pair, coaxial cable and fiber-optic cables and other types of low- voltage signaling cables installed within buildings or campus environments also are included in the scope of this Competitive Solicitation. This category includes Inside and Outside work, and all parts and materials required to complete the service and installation. Inside work involves IT cabling installation in new buildings, major renovated buildings and additions to existing cabling networks. Outside work will be for inter-building connectivity. Outside work may include digging and trenching as well as installing cabling.

FAIR CONSTRUCTION & INTERPRETATION. The provisions of this Contract shall be construed as a whole according to their common meaning and not strictly for or against any party and consistent with the provisions contained herein in order to achieve the objectives and purposes of this Contract. Each party hereto and its counsel has reviewed and revised this Contract and agrees that the normal rules of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be construed in the interpretation of this Contract. Each term and provision of this Contract to be performed by either party shall be construed to be both a covenant and a condition. ▪ Category 1: Cutting Edges for Truck Mounted Snowplows: o Subcategory C. Cutting Edges with Carbide Insert ▪ Category 4: Ceramic Combination Blades; and ▪ Category 5: Carbide Combination Blades.

FAIR CONSTRUCTION & INTERPRETATION. The provisions of this Contract shall be construed as a whole according to their common meaning and not strictly for or against any party and consistent with the provisions contained herein in order to achieve the objectives and purposes of this Contract. Each party hereto and its counsel has reviewed and revised this Contract and agrees that the normal rules of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be construed in the interpretation of Included Goods/Services and Prices Item Description Case Quantity UoM Price Bulk/ Volume discount % Specs 0715 Without Spike Base, 15 Minutes, Individually packaged, Standard Fusee, 1/2 Gross 72 Case $86.75 3% at 72 case per order 00324_Specifications and Safety Instruction 0720 Without Spike Base, 20 Minutes, Individually packaged, Standard Fusee, 1/4 Gross 36 Case $50.13 3% at 120 case per order 0730 Without Spike Base, 30 Minutes, Individually packaged, Standard Fusee, 1/4 Gross 36 Case $68.22 3% at 98 case per order 1240 With Wire Stand, 20 Minutes, Individually packaged, Standard Fusee, 1/4 Gross 36 Case $55.01 3% at 120 case per order 9340 With Wire Stand, 30 Minutes, Individually packaged, Standard Fusee, 1/4 Gross 36 Case $75.04 3% at 98 case per order 0005 Auto Ignition Flare, 5 Minutes, Standard Fusee 144 Case $161.54 3% at 72 case per order 0010 Auto Ignition Flare, 10 Minutes, Standard Fusee 144 Case $184.87 3% at 72 case per order 0015 Auto Ignition Flare, 15 Minutes, Standard Fusee. User must follow the embedded safety instructions. 72 Case $105.84 3% at 72 case per order 00324_Specifications and Safety Instruction 0020 Auto Ignition Flare, 20 Minutes, Standard Fusee) User must follow the embedded safety instructions. 72 Case $118.77 3% at 72 case per order 0030 Auto Ignition Flare, 30 Minutes, Standard Fusee. User must follow the embedded safety instructions. 36 Case $83.23 3% at 98 case per order 9800 MICA – ignition ▇▇▇▇▇▇▇▇ #9800. User must follow the embedded safety instructions. 1 EACH EACH $166.86 N/A APPOINTMENT REQUESTS Additional Fee: Appointment Requested on Delivery Must be requested at time of order. If refusal occurs due to not requested however required, additional charges may be charged. EACH $32.00 LIFTGATE Additional Fee: Liftgate Request on Delivery Must be requested at time of order. If refusal occurs due to not requested however required, additional charges may be charged. EACH $129.00