Common use of Intent and Interpretation Clause in Contracts

Intent and Interpretation. ‌ 1.5.1 The intent of this Contract is to require complete, correct and timely execution of the Artwork, as that term is defined in Paragraph 2.1 below. Any Artwork that may be required, implied or inferred by the Contract Documents, or any one or more of them, as necessary to produce the intended result shall be provided by the Artist for the Contract Price.‌ 1.5.2 This Contract is intended to be an integral whole and shall be interpreted as internally consistent. What is required by any one Contract Document shall be considered as required by the Contract.‌ 1.5.3 When a word, term or phrase is used in this Contract, it shall be interpreted or construed, first, as defined herein; second, if not defined, according to its generally accepted meaning in the construction industry; and third, if there is no generally accepted meaning in the construction industry, according to its common and customary usage.‌ 1.5.4 The words "include", "includes", or "including", as used in this Contract, shall be deemed to be followed by the phrase, "without limitation".‌ 1.5.5 The specification herein of any act, failure, refusal, omission, event, occurrence or condition as constituting a material breach of this Contract shall not imply that any other, non-specified act, failure, refusal, omission, event, occurrence or condition shall be deemed not to constitute a material breach of this Contract.‌ 1.5.6 Words or terms used as nouns in this Contract shall be inclusive of their singular and plural forms, unless the context of their usage clearly requires a contrary meaning.‌ 1.5.7 The Artist shall have a continuing duty to read, carefully study and compare each of the Contract Documents and shall give written notice to the City of any inconsistency, ambiguity, error or omission which the Artist may discover with respect to these documents before proceeding with the affected Artwork. The issuance, or the express or implied approval by the City of the Contract Documents shall not relieve the Artist of the continuing duties imposed hereby, nor shall any such approval be evidence of the Artist's compliance with this Contract.‌ 1.5.8 In the event of any conflict in the Contract Documents, the following documents shall take precedence in the following order of precedence:‌ (a) any Change Orders;‌ (b) the Addenda; (c) the Contract; (d) any Supplemental Conditions; (e) the Purchase Order; (f) the Final Proposal; and (g) the Call to Artists As between numbers and scaled measurements on the Final Proposal the numbers shall govern; as between larger scale and smaller scale drawings, the larger scale shall govern.‌ 1.5.9 Neither the organization of any of the Contract Documents into divisions, sections, paragraphs, articles, (or other categories), nor the organization or arrangement of the Final Proposal, shall control the Artist in dividing the Artwork or in establishing the extent or scope of the Artwork to be performed by a Subcontractor, as defined in Paragraph 9.1.1 below.‌

Intent and Interpretation. ‌ 1.5.1 The intent of this Contract is to require complete, correct and timely execution of the Artwork, as that term is defined in Paragraph 2.1 below. Any Artwork that may be required, implied or inferred by the Contract Documents, or any one or more of them, as necessary to produce the intended result shall be provided by the Artist for the Contract Price.‌Price. 1.5.2 This Contract is intended to be an integral whole and shall be interpreted as internally consistent. What is required by any one Contract Document shall be considered as required by the Contract.‌Contract. 1.5.3 When a word, term or phrase is used in this Contract, it shall be interpreted or construed, first, as defined herein; second, if not defined, according to its generally accepted meaning in the construction industry; and third, if there is no generally accepted meaning in the construction industry, according to its common and customary usage.‌usage. 1.5.4 The words "include", "includes", or "including", as used in this Contract, shall be deemed to be followed by the phrase, "without limitation".‌limitation". 1.5.5 The specification herein of any act, failure, refusal, omission, event, occurrence or condition as constituting a material breach of this Contract shall not imply that any other, non-specified act, failure, refusal, omission, event, occurrence or condition shall be deemed not to constitute a material breach of this Contract.‌Contract. 1.5.6 Words or terms used as nouns in this Contract shall be inclusive of their singular and plural forms, unless the context of their usage clearly requires a contrary meaning.‌meaning. 1.5.7 The Artist shall have a continuing duty to read, carefully study and compare each of the Contract Documents and shall give written notice to the City of any inconsistency, ambiguity, error or omission which the Artist may discover with respect to these documents before proceeding with the affected Artwork. The issuance, or the express or implied approval by the City of the Contract Documents shall not relieve the Artist of the continuing duties imposed hereby, nor shall any such approval be evidence of the Artist's compliance with this Contract.‌Contract. 1.5.8 In the event of any conflict in the Contract Documents, the following documents shall take precedence in the following order of precedence:‌precedence: (a) any Change Orders;‌Orders; (b) the Addenda; (c) the Contract; (d) any Supplemental Conditions; (e) the Purchase Order; (f) the Final Proposal; and (g) the Call to Artists As between numbers and scaled measurements on the Final Proposal the numbers shall govern; as between larger scale and smaller scale drawings, the larger scale shall govern.‌govern. 1.5.9 Neither the organization of any of the Contract Documents into divisions, sections, paragraphs, articles, (or other categories), nor the organization or arrangement of the Final Proposal, shall control the Artist in dividing the Artwork or in establishing the extent or scope of the Artwork to be performed by a Subcontractor, as defined in Paragraph 9.1.1 below.‌below. 1.5.10 Whenever the word "days" is used, it shall mean calendar days and not working days unless otherwise specified. Whenever the term “business days” is used it shall mean any day except any Saturday, any Sunday or any day which is a holiday that is recognized by the City of Sunrise.

Intent and Interpretation. ‌ 1.5.1 The intent of this Contract is to require complete, correct and timely execution of the Artwork, as that term is defined in Paragraph 2.1 belowWork / Services requested and / or required. Any Artwork Work / Services that may be required, implied implied, or inferred by the Contract Documents, or any one or more of them, as necessary to produce the intended result results shall be provided by the Artist Contractor for the Contract Price.‌Price stated. 1.5.2 This Contract is intended to be an integral whole and shall be interpreted as internally consistent. What is required by any one Contract Document shall be considered as required by the Contract.‌Contract. 1.5.3 When a word, term term, or phrase is used in this Contract, it shall be interpreted or construed, first, as defined herein; second, if not defineddefined herein, according to its generally accepted meaning in the construction industryindustry / business specific to this Contract; and third, if there is no generally accepted meaning for the word, term, or phrase in the construction industryindustry / business specific to this Contract, then according to its the word’s, term’s, or phase’s common and customary usage.‌usage in the English language. 1.5.4 The words "include", "includes", or "including", as used in this Contract, shall be deemed to be followed by the phrase, "without limitation".‌limitation". 1.5.5 The specification herein of any act, failure, refusal, omission, event, occurrence occurrence, or condition as constituting a material breach of this Contract shall not imply that any other, non-specified act, failure, refusal, omission, event, occurrence occurrence, or condition shall be deemed not to constitute a material breach of this Contract.‌Contract. 1.5.6 Words or terms used as nouns in this Contract shall be inclusive of their singular and plural forms, unless the context of their usage clearly requires a contrary meaning.‌meaning. 1.5.7 The Artist Contractor shall have a continuing duty to read, carefully study study, and compare each of the Contract Documents Documents, the Shop Drawings, if any, and the Product Data, if any, the Scope of Work, the Scope of Service(s), the List of Deliverables, provided Data and / or Samples required, and shall give written notice to the City of any inconsistency, ambiguity, error error, or omission which the Artist Contractor may discover with respect to these documents before proceeding with the affected ArtworkWork / Service. The issuance, or the express or implied approval by the City or the City’s assigned Project Manager, of the Contract Documents Documents, Shop Drawings, or Product Data, or List of Deliverables, or Samples shall not relieve the Artist Contractor of the continuing duties imposed hereby, nor shall any such approval be evidence of the ArtistContractor's compliance with this Contract.‌Contract. The City has requested the Architect / Consultant / Engineer / Collaborator to only prepare documents for the Project, including the Drawings and Specifications for the Project, which are accurate, adequate, consistent, coordinated, and sufficient for presentation of the Project for solicitation, and / or has made a bone fide effort to prepare documents for the Service, including Scope of Service(s) and / or a List of Deliverables, which are accurate, adequate, consistent, coordinated and sufficient for providing the Service(s) and / or Deliverables stipulated in the solicitation. HOWEVER, THE CITY MAKES NO REPRESENTATION OR WARRANTY OF ANY NATURE WHATSOEVER TO THE CONTRACTOR CONCERNING THE THOROUGHNESS OF SUCH DOCUMENTS AND / OR THEIR RELIABILITY. By the execution hereof, the Contractor acknowledges and represents that it has received, reviewed, and carefully examined such documents, has found them to be complete, accurate, adequate, consistent, coordinated, and sufficient for preceding with the Project and / or Service, and that the Contractor has not, does not, and shall not rely upon any representation or warranties by the City concerning such documents as no such representation or warranties have been or are hereby being made. 1.5.8 In the event of any conflict in the Contract Documents, the following documents shall take precedence in the following order of precedence:‌ (a) any Change Orders;‌ (b) the Addenda; (c) the Contract; (d) any Supplemental Conditions; (e) the Purchase Order; (f) the Final Proposal; and (g) the Call to Artists As between numbers and scaled measurements on the Final Proposal the numbers shall govern; as between larger scale and smaller scale drawings, the larger scale shall govern.‌ 1.5.9 Neither the organization of any of the Contract Documents into divisions, sections, paragraphs, articles, (or other categories), nor the organization or arrangement of the Final ProposalDesign and / or Deliverables, shall control the Artist Contractor in dividing the Artwork Work / Service or in establishing the extent or scope Scope of the Artwork Work / Scope of the Service to be performed by a Subcontractor, as defined in Paragraph 9.1.1 below.‌Subcontractors.