INTERPRETATION AND CONSTRUCTION OF CONTRACT Clause Samples

INTERPRETATION AND CONSTRUCTION OF CONTRACT. Delete the definition of '▇▇▇▇ of quantities' and replace with: '▇▇▇▇ of quantities means a price schedule;' Insert a new definition of 'building contract': 'building contract has the same meaning as given to that term in section 67AAA of the Queensland Building and Construction Commission Act 1991 (Qld);’ Insert a new definition of 'business day':
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INTERPRETATION AND CONSTRUCTION OF CONTRACT. Insert a new definition of 'building contract': 'building contract has the same meaning as given to that term in section 67AAA of the Queensland Building and Construction Commission Act 1991 (Qld);’ Insert a new definition of 'business day':
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INTERPRETATION AND CONSTRUCTION OF CONTRACT. 1.1 In the Contract, except where the context otherwise requires: Business Day means a day on which the Supplier is ordinarily open for business in the jurisdiction of this Contract;
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INTERPRETATION AND CONSTRUCTION OF CONTRACT. Delete the definition of 'bill of quantities' and replace with: 'bill of quantities means a price schedule;' Insert a new definition of 'building contract': 'building contract has the same meaning as given to that term in section 67AAA of the Queensland Building and Construction Commission Act 1991 (Qld);’ Insert a new definition of 'business day': 'business day means: when used in the definition of response period, has the same meaning as in the security of payment legislation; otherwise, means a day that is not: a Saturday or Sunday; or a public holiday, special holiday or bank holiday at the site.' Insert a new definition of 'claim: 'claim includes any claim, action, demand, proceeding, suit, defence or set-off, however arising including pursuant to a provision of the Contract (including any claim for a variation, an EOT or other adjustment of the contract sum), at law (including a breach of contract), under statute, in equity, in tort (including for negligence), in quasi-contract, for unjust enrichment and to the extent permitted by law, pursuant to any other principle of law, in connection with the Contract, the Works or WUC;' Insert a new definition of 'claimable amount':
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INTERPRETATION AND CONSTRUCTION OF CONTRACT. Delete the definition of 'bill of quantities' and replace with: 'bill of quantities means a price schedule;' Insert a new definition of 'building contract': 'building contract has the same meaning as given to that term in section 67AAA of the Queensland Building and Construction Commission Act 1991 (Qld);’ Insert a new definition of 'business day': 'business day means: when used in the definition of payment period, has the same meaning as given to that term in section 67W of the Queensland Building and Construction Commission Act 1991 (Qld); otherwise, has the same meaning as in the security of payment legislation;’ Insert a new definition of 'claim’: 'claim includes any claim, action, demand, proceeding, suit, defence or set-off, however arising including pursuant to a provision of the Contract (including any claim for a variation, an EOT or other adjustment of the contract sum), at law (including a breach of contract), under statute, in equity, in tort (including for negligence), in quasi-contract, for unjust enrichment and to the extent permitted by law, pursuant to any other principle of law, in connection with the Contract, the Works or WUC;' Insert a new definition of 'claimable amount': 'claimable amount means: the value of work carried out by the Contractor in the performance of the Contract which the Contractor is entitled to include in a progress claim; and amounts otherwise due from the Principal to the Contractor pursuant to the Contract;’ Insert a new definition of 'compensable direction': 'compensable direction means a direction pursuant to subclause 8.1 that is necessitated solely because of an inconsistency, ambiguity, discrepancy or error which is in a document prepared by or on behalf of the Principal for the purpose of carrying out WUC and which could not have been identified by a competent contractor at the time of the Contractor's tender if that contractor had inspected: all written information made available by the Principal to the Contractor for the purpose of tendering; all information influencing the risk allocation in the Contractor's tender and reasonably obtainable by the making of reasonable enquiries; and the site and its near surrounds;' Insert a new definition of 'conflict of interest': 'conflict of interest means any actual, potential or perceived conflict between the interests of the Contractor and the Contractor's obligations under the Contract; Delete the definition of 'Contract and replace with: 'Contract has the meanin...
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INTERPRETATION AND CONSTRUCTION OF CONTRACT. After the definition of 'Item' insert: 'Aboriginal Cultural Heritage has the same meaning as in the Aboriginal Cultural Heritage Act 2003 (Qld);' 'Aboriginal Party has the same meaning as in the Aboriginal Cultural Heritage Act 2003 (Qld);'
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INTERPRETATION AND CONSTRUCTION OF CONTRACT. Delete the definition of 'bill of quantities' and replace with: Insert a new definition of 'building contract': 'building contract has the same meaning as given to that term in section 67AAA of the Queensland Building and Construction Commission Act 1991 (Qld);’ Insert a new definition of 'business day': 'business day means: (a) when used in the definition of payment period, has the same meaning as given to that term in section 67W of the Queensland Building and Construction Commission Act 1991 (Qld); (b) otherwise, has the same meaning as in the security of payment legislation;’ Insert a new definition of 'claim’: 'claim includes any claim, action, demand, proceeding, suit, defence or set-off, however arising including pursuant to a provision of the Contract (including any claim for a variation, an EOT or other adjustment of the contract sum), at law (including a breach of contract), under statute, in equity, in tort (including for negligence), in quasi-contract, for unjust enrichment and to the extent permitted by law, pursuant to any other principle of law, in connection with the Contract, the Works or WUC;' Insert a new definition of 'claimable amount': 'claimable amount means: (a) the value of work carried out by the Contractor in the performance of the Contract which the Contractor is entitled to include in a progress claim; and (b) amounts otherwise due from the Principal to the Contractor pursuant to the
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INTERPRETATION AND CONSTRUCTION OF CONTRACT. Delete the definition of 'bill of quantities' and replace with: 'bill of quantities means a price schedule;' Insert a new definition of 'building contract': 'building contract has the same meaning as given to that term in section 67AAA of the Queensland Building and Construction Commission Act 1991 (Qld);’ Insert a new definition of 'business day': 'business day means: when used in paragraph (b) of the definition of payment period and paragraphs (a) and (b)(ii) of the definition of response period, has the same meaning as in the security of payments legislation; otherwise, means a day that is not: a Saturday or Sunday; or a public holiday, special holiday or bank holiday at the site.' Insert a new definition of 'claim: 'claim includes any claim, action, demand, proceeding, suit, defence or set-off, however arising including pursuant to a provision of the Contract (including any claim for a variation, an EOT or other adjustment of the contract sum), at law (including a breach of contract), under statute, in equity, in tort (including for negligence), in quasi-contract, for unjust enrichment and to the extent permitted by law, pursuant to any other principle of law, in connection with the Contract, the Works or WUC;' Insert a new definition of 'claimable amount':
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Related to INTERPRETATION AND CONSTRUCTION OF CONTRACT

  • Interpretation and Construction When a reference is made in this Agreement to a Section, such reference shall be to a Section of this Agreement, unless otherwise indicated. The headings contained in this Agreement are for reference purposes only and shall not affect in any way the meaning or interpretation of this Agreement. Whenever the words “include,” “includes” and “including” are used in this Agreement, they shall be deemed to be followed by the words “without limitation.” The words “hereof, “herein” and “hereunder” and words of similar import when used in this Agreement shall refer to this Agreement as a whole and not to any particular provision of this Agreement. The word “will” shall be construed to have the same meaning as the word “shall.” The words “dates hereof” will refer to the date of this Agreement. The word “or” is not exclusive. The definitions contained in this Agreement are applicable to the singular as well as the plural forms of such terms. Any agreement, instrument, law, rule or statute defined or referred to herein means, unless otherwise indicated, such agreement, instrument, law, rule or statute as from time to time amended, modified or supplemented. Each of the parties hereto acknowledges that it has been represented by counsel of its choice throughout all negotiations that have preceded the execution of this Agreement, and that it has executed the same with the advice of said independent counsel. Each party cooperated and participated in the drafting and preparation of this Agreement and the documents referred to herein, and any and all drafts relating thereto exchanged among the parties shall be deemed the work product of all of the parties and may not be construed against any party by reason of its drafting or preparation. Accordingly, any rule of law or any legal decision that would require interpretation of any ambiguities in this Agreement against any party that drafted or prepared it is of no application and is hereby expressly waived by each of the parties hereto, and any controversy over interpretations of this Agreement shall be decided without regards to events of drafting or preparation.

  • Interpretation of Contract In the event of a conflict or question involving the provisions of any part of this Contract, interpretation and clarification as necessary shall be determined by the County’s assigned buyer. If disagreement exists between the Contractor and the County’s assigned buyer in interpreting the provision(s), final interpretation and clarification shall be determined by the County’s Purchasing Agent or his designee.

  • Interpretation of Contract Documents The Contract Documents shall be construed neither against nor in favor of either party, but shall be construed in a neutral manner.