Common use of General Usage Clause in Contracts

General Usage. The section headings contained in this Agreement are for reference purposes only and shall not affect the meaning or interpretation of this Agreement. Except where the context clearly requires to the contrary: (i) each reference in this Agreement to a designated “Section,” “Article,” or “Annex” is to the corresponding Section, Article, or Annex of or to this Agreement; (ii) instances of gender or entity-specific usage (e.g., “his,” “her,” “its,” “person” or “individual”) shall not be interpreted to preclude the application of any provision of this Agreement to any individual or entity; (iii) the word “or” shall not be applied in its exclusive sense; (iv) context-appropriate grammatical variations of defined terms shall be applied in such manner as to give effect to the underlying meaning of such defined terms; (v) “including” shall mean “including, without limitation” and “approved” shall mean “approved or ratified” (with corresponding meaning applied to “consent” and other similar terms); (vi) references to laws, regulations, treaties and other rules, as well as to contracts, agreements, governmental forms, reports and other instruments, shall mean such rules and instruments as in effect at the time of determination (taking into account any amendments thereto effective at such time without regard to whether such amendments were enacted or adopted after the effective date of this Agreement) and shall include all successor rules and instruments thereto; (vii) references to any specific statute or similar codification of law shall mean such statute or other codification as construed, modified, extended or enabled by any applicable binding governmental rules or regulations; (viii) references to “law” shall mean any applicable law, whether embodied in statute, governmental rule or regulation, case law, treaty or other legally binding format; (ix) references to “$” or “dollars” shall mean the lawful currency of the United States; (x) references to “days” shall mean full calendar days; references to “business days” shall mean all days other than Saturdays, Sundays and days that are legal holidays in the State of New York; (xi) references to months or years shall be to the actual calendar months or years at issue (taking into account the actual number of days in any such month or year); (xii) days, business days and times of day shall be determined by reference to local time in New York, New York; (xiii) references to a “member” or the “members” of a partnership shall mean a constituent partner or the constituent partners of such partnership, as appropriate; (xiv) references to a “company” shall mean any business, investment fund or similar organization, whether formed as a corporation, partnership, association, joint venture, trust or otherwise; (xv) references to an “entity” shall include a partnership or similar vehicle notwithstanding that, for certain purposes under applicable law, such partnership or vehicle may be treated as an aggregate of its owners; (xvi) the term “equityholder,” when applied in respect of a partnership, limited liability company or similar entity, shall include a Person holding an allocative share of the net profits of such entity, even if such Person is not a voting member of such entity under applicable law; (xvii) the term “notwithstanding any provision of this Agreement to the contrary” or any similar term shall not be deemed to limit the power and authority of the Partners (or any subset thereof) to amend this Agreement in accordance with the provisions of Section 10.5; (xviii) when interpreting the substantive law of any specific jurisdiction, the laws of such jurisdiction applicable to such interpretation shall be applied without regard to conflict of laws principles; and (xix) the English language version of this Agreement shall govern all questions of interpretation relating to this Agreement, notwithstanding that this Agreement may have been translated into, and executed in, other languages.

General Usage. The section headings contained titles and subtitles used in this Agreement are for reference purposes convenience only and shall not affect be considered in the meaning or interpretation of this Agreement. Except where the context clearly requires to the contrarycontrary or is otherwise stated: (i) each reference all references in this Agreement to a designated “Section,Sections” “Article,” or “Annex” is are to the corresponding Sectiondesignated Sections and other subdivisions of this Agreement, Article, or Annex and all references in this Agreement to designated “Articles” are to the designated Articles and other subdivisions of or to this Agreement; (ii) instances of gender all pronouns contained in this Agreement, and any variations thereof, shall be deemed to refer to the masculine, feminine, or entity-specific usage (e.g.neutral, “his,” “her,” “its,” “person” singular or “individual”) shall not be interpreted plural, as applicable, as to preclude the application identity of any provision of this Agreement to any individual or entityparty may require; (iii) the word “or” shall not be applied in its exclusive sense; (iv) context-appropriate grammatical variations of defined terms the words “include,” and “includes” and “including” shall be applied in such manner as deemed to give effect to be followed by the underlying meaning of such defined termsphrase “without limitation”; (v) the words “includinghereof,” shall mean “including, without limitationherein,” and “approved” shall mean “approved or ratified” (with corresponding meaning applied to “consenthereunder” and other words of similar terms)import when used in this Agreement shall refer to this Agreement as a whole and not to any particular provision of this Agreement; (vi) as used in this Agreement, the terms “former Limited Partners” and “former General Partners” refer to the Persons that from time to time cease to be Limited Partners or General Partners, as the case may be, under this Agreement; (vii) references to laws, regulations, treaties regulations and other governmental rules, as well as to contracts, agreements, governmental forms, reports and other instruments, shall mean such rules and instruments as in effect at the time of determination (taking into account any amendments thereto effective at such time without regard to whether such amendments were enacted or adopted after the effective date of this Agreement) and shall include all successor rules and instruments thereto; (vii) references to any specific statute or similar codification of law shall mean such statute or other codification as construed, modified, extended or enabled by any applicable binding governmental rules or regulations; (viii) references to “lawcash,” shall mean any applicable law, whether embodied in statute, governmental rule or regulation, case law, treaty or other legally binding format; (ix) references to “$,” or “dollars” shall mean the lawful currency of the United StatesU.S.; (ix) references to “Federal” or “federal” shall be to laws, agencies, or other attributes of the U.S. or other relevant national government (and not to any State or locality thereof); (x) references to the meaning of the terms “daysdomestic” shall mean full calendar days; references to and “business daysforeign” shall mean all days other than Saturdays, Sundays and days that are legal holidays in the State of New York; (xi) references to months or years shall be to the actual calendar months or years at issue (taking into account the actual number of days in any such month or year); (xii) days, business days and times of day shall be determined by reference to local time in New York, New York; (xiii) references to a “member” or the “members” of a partnership shall mean a constituent partner or the constituent partners of such partnership, as appropriate; (xiv) references to a “company” shall mean any business, investment fund or similar organization, whether formed as a corporation, partnership, association, joint venture, trust or otherwise; (xv) references to an “entity” shall include a partnership or similar vehicle notwithstanding that, for certain purposes under applicable law, such partnership or vehicle may be treated as an aggregate of its owners; (xvi) the term “equityholder,” when applied in respect of a partnership, limited liability company or similar entity, shall include a Person holding an allocative share of the net profits of such entity, even if such Person is not a voting member of such entity under applicable law; (xvii) the term “notwithstanding any provision of this Agreement to the contrary” or any similar term shall not be deemed to limit the power and authority of the Partners (or any subset thereof) to amend this Agreement in accordance with the provisions of Section 10.5; (xviii) when interpreting the substantive law of any specific jurisdiction, the laws of such jurisdiction applicable to such interpretation shall be applied without regard to conflict of laws principles; and (xix) the English language version of this Agreement shall govern all questions of interpretation relating to this Agreement, notwithstanding that this Agreement may have been translated into, and executed in, other languages.U.S.;

General Usage. The section headings contained titles and subtitles used in this Agreement are for reference purposes convenience only and shall not affect be considered in the meaning or interpretation of this Agreement. Except where the context clearly requires to the contrarycontrary or is otherwise stated: (i) each reference all references in this Agreement to a designated “Section,Sections” “Article,” or “Annex” is are to the corresponding Sectiondesignated Sections and other subdivisions of this Agreement, Article, or Annex and all references in this Agreement to designated “Articles” are to the designated Articles and other subdivisions of or to this Agreement; (ii) instances of gender all pronouns contained in this Agreement, and any variations thereof, shall be deemed to refer to the masculine, feminine or entity-specific usage (e.g.neutral, “his,” “her,” “its,” “person” singular or “individual”) shall not be interpreted plural, as applicable, as to preclude the application identity of any provision of this Agreement to any individual or entityparty may require; (iii) the word “or” shall not be applied in its exclusive sense; (iv) context-appropriate grammatical variations of defined terms shall be applied in such manner as to give effect to the underlying meaning of such defined terms; (v) “including” shall mean “including, without limitation” and “approved” shall mean “approved or ratified” (with corresponding meaning applied to “consent” and other similar terms)”; (viv) references to laws, regulations, treaties regulations and other governmental rules, as well as to contracts, agreements, governmental forms, reports agreements and other instruments, shall mean such rules and instruments as in effect at the time of determination (taking into account any amendments thereto effective at such time without regard to whether such amendments were enacted or adopted after the effective date of this Agreement) and shall include all successor rules and instruments thereto; (vii) references to any specific statute or similar codification of law shall mean such statute or other codification as construed, modified, extended or enabled by any applicable binding governmental rules or regulations; (viiivi) references to “lawcash,” shall mean any applicable law, whether embodied in statute, governmental rule or regulation, case law, treaty or other legally binding format; (ix) references to “$” or “dollars” shall mean the lawful currency of the United States; (xvii) references to “Federal” or “federal” shall be to laws, agencies or other attributes of the United States or other relevant national government (and not to any State or locality thereof); (viii) the meaning of the terms “domestic” and “foreign” shall be determined by reference to the United States; (ix) references to “days” shall mean full calendar days; references to “business days” shall mean all days other than Saturdays, Sundays and days that are legal holidays in the State of New YorkDelaware; (xi) references to months or years shall be to the actual calendar months or years at issue (taking into account the actual number of days in any such month or year); (xiix) days, business days and times of day shall be determined by reference to local time in New YorkDover, New YorkDelaware; (xiiixi) references to for purposes of the Act, the Limited Partners shall constitute a “member” single class or the “members” group of a partnership shall mean a constituent partner or the constituent partners of such partnership, as appropriatelimited partners; (xiv) references to a “company” shall mean any business, investment fund or similar organization, whether formed as a corporation, partnership, association, joint venture, trust or otherwise; (xv) references to an “entity” shall include a partnership or similar vehicle notwithstanding that, for certain purposes under applicable law, such partnership or vehicle may be treated as an aggregate of its owners; (xvi) the term “equityholder,” when applied in respect of a partnership, limited liability company or similar entity, shall include a Person holding an allocative share of the net profits of such entity, even if such Person is not a voting member of such entity under applicable law; (xvii) the term “notwithstanding any provision of this Agreement to the contrary” or any similar term shall not be deemed to limit the power and authority of the Partners (or any subset thereof) to amend this Agreement in accordance with the provisions of Section 10.5; (xviii) when interpreting the substantive law of any specific jurisdiction, the laws of such jurisdiction applicable to such interpretation shall be applied without regard to conflict of laws principles; and (xixxii) the English language version of this Agreement shall govern all questions of interpretation relating to this Agreement, notwithstanding that this Agreement may have been translated into, and executed in, other languages; (xiii) references to a “person” shall include a natural person, a corporation, a partnership, a limited liability company, a trust, an unincorporated organization, a government or any department or agency thereof, or any entity similar to any of the foregoing, whether foreign or domestic; and (xiv) except as expressly provided in this Agreement, any references to the General Partner’s discretionary election, determination, granting or withholding of consent or other similar action or non-action shall mean that such election, determination, granting or withholding of consent or other similar action or non-action is subject to the sole and absolute discretion of the General Partner and shall not be subject to challenge by any Limited Partner, provided that the General Partner acts in good faith.

General Usage. The section headings contained titles and subtitles used in this Agreement are for reference purposes convenience only and shall not affect be considered in the meaning or interpretation of this Agreement. Except where the context clearly requires to the contrarycontrary or is otherwise stated: (i) each reference all references in this Agreement to a designated “Section,Sections” “Article,” or “Annex” is are to the corresponding Sectiondesignated Sections and other subdivisions of this Agreement, Article, or Annex and all references in this Agreement to designated “Articles” are to the designated Articles and other subdivisions of or to this Agreement; (ii) instances of gender all pronouns contained in this Agreement, and any variations thereof, shall be deemed to refer to the masculine, feminine or entity-specific usage (e.g.neutral, “his,” “her,” “its,” “person” singular or “individual”) shall not be interpreted plural, as applicable, as to preclude the application identity of any provision of this Agreement to any individual or entityparty may require; (iii) the word “or” shall not be applied in its exclusive sense; (iv) context-appropriate grammatical variations of defined terms shall be applied in such manner as to give effect to the underlying meaning of such defined terms; (v) “including” shall mean “including, without limitation” and “approved” shall mean “approved or ratified” (with corresponding meaning applied to “consent” and other similar terms)”; (viv) references to laws, regulations, treaties regulations and other governmental rules, as well as to contracts, agreements, governmental forms, reports agreements and other instruments, shall mean such rules and instruments as in effect at the time of determination (taking into account any amendments thereto effective at such time without regard to whether such amendments were enacted or adopted after the effective date of this Agreement) and shall include all successor rules and instruments thereto; (vii) references to any specific statute or similar codification of law shall mean such statute or other codification as construed, modified, extended or enabled by any applicable binding governmental rules or regulations; (viiivi) references to “lawcash,” shall mean any applicable law, whether embodied in statute, governmental rule or regulation, case law, treaty or other legally binding format; (ix) references to “$” or “dollars” shall mean the lawful currency of the United States; (xvii) references to “Federal” or “federal” shall be to laws, agencies or other attributes of the United States or other relevant national government (and not to any State or locality thereof); (viii) the meaning of the terms “domestic” and “foreign” shall be determined by reference to the United States; (ix) references to “days” shall mean full calendar days; references to “business days” shall mean all days other than Saturdays, Sundays and days that are legal holidays in the State of New YorkCalifornia; (xi) references to months or years shall be to the actual calendar months or years at issue (taking into account the actual number of days in any such month or year); (xiix) days, business days and times of day shall be determined by reference to local time in New YorkSan Francisco, New YorkCalifornia; (xiiixi) references to for purposes of the Act, the Limited Partners shall constitute a “member” single class or the “members” group of a partnership shall mean a constituent partner or the constituent partners of such partnership, as appropriatelimited partners; (xiv) references to a “company” shall mean any business, investment fund or similar organization, whether formed as a corporation, partnership, association, joint venture, trust or otherwise; (xv) references to an “entity” shall include a partnership or similar vehicle notwithstanding that, for certain purposes under applicable law, such partnership or vehicle may be treated as an aggregate of its owners; (xvi) the term “equityholder,” when applied in respect of a partnership, limited liability company or similar entity, shall include a Person holding an allocative share of the net profits of such entity, even if such Person is not a voting member of such entity under applicable law; (xvii) the term “notwithstanding any provision of this Agreement to the contrary” or any similar term shall not be deemed to limit the power and authority of the Partners (or any subset thereof) to amend this Agreement in accordance with the provisions of Section 10.5; (xviii) when interpreting the substantive law of any specific jurisdiction, the laws of such jurisdiction applicable to such interpretation shall be applied without regard to conflict of laws principles; and (xixxii) the English language version of this Agreement shall govern all questions of interpretation relating to this Agreement, notwithstanding that this Agreement may have been translated into, and executed in, other languages; (xiii) references to a “person” shall include a natural person, a corporation, a partnership, a limited liability company, a trust, an unincorporated organization, a government or any department or agency thereof, or any entity similar to any of the foregoing, whether foreign or domestic; and (xiv) except as expressly provided in this Agreement, any references to the General Partner’s discretionary election, determination, granting or withholding of consent or other similar action or non-action shall mean that such election, determination, granting or withholding of consent or other similar action or non-action is subject to the sole and absolute discretion of the General Partner and shall not be subject to challenge by any Limited Partner, provided that the General Partner acts in good faith.