INTERPRETATION AND MISCELLANEOUS Clause Samples

INTERPRETATION AND MISCELLANEOUS. 24.01 When the context so requires wherever the singular or masculine is used in this Agreement it shall be read as if the plural or feminine respectively were used.

INTERPRETATION AND MISCELLANEOUS. Marginal Notes, Headings and Index (1) The marginal notes, headings and index are intended for guidance only and do not form part of this Lease nor shall any of the provisions of this Lease be construed or interpreted by reference thereto or in any way affected or limited thereby. (2) To the extent that the Tenant can lawfully do so the Tenant hereby expressly agrees to deprive itself of all rights (if any) to protection against eviction or ejectment afforded by any existing or future legislation from time to time in force and applicable to the said premises or to this Lease and the Tenant agrees to deliver up vacant possession of the said premises together with all the Landlord’s fixtures, fittings and additions therein and thereto in tenantable repair and condition to the Landlord on the expiration or sooner termination of the tenancy hereby created notwithstanding any rule of law or equity to the contrary. (3) No condoning, excusing or overlooking by the Landlord of any default, breach or non-observance or non-performance by the Tenant at any time or times of any of the Tenant’s agreements, stipulations, terms, conditions and obligations herein contained shall operate as a waiver of the Landlord’s rights hereunder in respect of any continuing or subsequent default, breach or non-observance or non-performance or so as to defeat or affect in any way the rights and remedies of the Landlord hereunder in respect of any such continuing or subsequent default or breach and no waiver by the Landlord shall be inferred from or implied by anything done or omitted by the Landlord unless expressed in writing and signed by the Landlord. Any consent given by the Landlord shall operate as a consent only for the particular matter to which it relates and shall in no way be considered as a waiver or release of any of the provisions hereof nor shall it be construed as dispensing with the necessity of obtaining the specific written consent of the Landlord in the future unless expressly so provided. (4) During the three months immediately preceding the expiration or sooner determination of the said term the Landlord shall be at liberty to affix and maintain without interference upon any external part of the said premises a notice stating that the said premises are to be let or sold and such other information in connection therewith as the Landlord shall reasonably require and the Tenant shall not remove or conceal such notice or notices and the Tenant shall allow at all reaso...

INTERPRETATION AND MISCELLANEOUS. 13.1 CONDONATION NOT A WAIVER No condoning, excusing or overlooking by the Landlord of any default, breach, non-observance or non-performance by the Tenant at any time or times of any of the agreements, stipulations, terms and conditions herein contained shall operate as a waiver of the Landlord's rights hereunder in respect of any continuing or subsequent default, breach, non-observance or non-performance or so as to defeat or affect in any way the rights and remedies of the Landlord hereunder in respect of any such continuing or subsequent default or breach and no waiver by the Landlord shall be inferred from or implied by anything done or omitted by the Landlord unless expressed in writing and signed by the Landlord. Any consent given by the Landlord shall operate as a consent only for the particular matter to which it relates and shall in no way be considered as a waiver or release of any of the provisions hereof nor shall it be construed as dispensing with the necessity of obtaining the specific written consent of the Landlord in the future in respect of similar or other matters unless expressly so provided.

INTERPRETATION AND MISCELLANEOUS. This Agreement, together with the attachments enclosed herewith, is the entire agreement of the parties, and supersedes all prior understandings, agreements, promises, and discussions concerning the subject matter hereof. No modification or amendment to this Agreement will be effective unless it is written and signed by all parties. Neither this Agreement, nor any rights or obligations arising under this Agreement may be assigned or transferred to a third party, and any such attempted transfer shall be void. Trainee, Principal Supervisor and IBOC acknowledge and understand that this Agreement is governed by the laws of the State of California, USA, the Handbook and related IBOC rules, and Professional Standards enacted, from time to time, by ITAA. In the event of a dispute among or between any of the parties to this Agreement arising out of the interpretation or enforcement of this Agreement, the parties agree to negotiate in good faith to resolve their difference amicably. The parties may resort to the use of a neutral mediator, whose fees will be shared equally among the parties, to facilitate a consensual resolution. Mediation may take place in an electronic chat room to minimize the inconvenience and expense to the parties. All dispute resolution negotiations, mediation or other proceedings shall take place in the English language unless all parties agree otherwise. The parties further acknowledge and agree that jurisdiction for any disputes arising out of or under this Agreement will lie solely in that the California Superior Court for Alameda County or the Federal District Court – Northern District situated in Oakland, California. The prevailing party or parties in any such proceeding will be entitled to recover a reasonable attorney fee in addition to any other relief awarded. NO PARTY TO THIS AGREEMENT SHALL BE LIABLE TO THE OTHER FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL, PUNITIVE, OR INDIRECT DAMAGES, INCLUDING LOST PROFITS, LOST DATA, LOST REVENUES AND LOSS OF BUSINESS OPPORTUNITY, ARISING FROM OR RELATING TO ANY BREACH OF THIS AGREEMENT, REGARDLESS OF ANY NOTICE OF THE POSSIBILITY OF SUCH DAMAGES.

INTERPRETATION AND MISCELLANEOUS. (a) This Agreement contains the entire agreement of the parties relating to the subject matter hereof. This Agreement supersedes any prior written or oral agreements or understandings between the parties relating to the subject matter hereof. No modification or amendment of this Agreement shall be valid unless in writing and signed by or on behalf of the parties hereto. The failure of a party to require performance of any provision of this Agreement shall in no manner affect the right of such party at a later time to enforce any provision of this Agreement. A waiver of the breach of any term or condition of this Agreement shall not be deemed to constitute a waiver of any subsequent breach of the same or any other term or condition. This Agreement is intended to be performed in accordance with, and only to the extent permitted by, all applicable laws, ordinances, rules and regulations. If any provision of this Agreement, or the application thereof to any person or circumstance, shall, for any reason and to any extent, be held invalid or unenforceable, such invalidity and unenforceability shall not affect the remaining provisions hereof or the application of such provisions to other persons or circumstances, all of which shall be enforced to the greatest extent permitted by law. The headings in this Agreement are inserted for convenience of reference only and shall not be a part of or control or affect the meaning of any provision hereof. (b) When used herein, the phrase “CPI Business Lines” shall mean each and any of the following business lines: (1) promotion of music concert tours; (2) acquisition and exploitation of intellectual property rights of enduring value that relate to or derive from live entertainment performances (such as, by way of example, DVD rights, merchandise rights, manuscript rights and film rights); (3)

INTERPRETATION AND MISCELLANEOUS. This Agreement, together with the attachments enclosed herewith, is the entire agreement of the parties, and supersedes all prior understandings, agreements, promises, and discussions concerning the subject matter hereof. No modification or amendment to this Agreement will be effective unless it is written and signed by all parties. Neither this Agreement, nor any rights or obligations arising under this Agreement may be assigned or transferred to a third party, and any such attempted transfer shall be void. Trainee, Principal Supervisor and IBOC acknowledge and understand that this Agreement is governed by the laws of the State of California, USA, the Handbook and related IBOC rules, and Professional Standards enacted, from time to time, by ITAA. In the event of a dispute among or between any of the parties to this Agreement arising out of the interpretation or enforcement

INTERPRETATION AND MISCELLANEOUS. (1) Marginal notes, headings and indexes The marginal notes, headings and indexes are for guidance only, and shall not constitute an integral part of the Lease, which shall not be given consideration to or affect or restrict the interpretation or clarification of any provision hereof. (2) No waiver by tolerance The Lessor’s tolerance, forgiveness or excuse of one-off or repeated nonperformance, violation, incompliance or non-execution of responsibility hereunder by the Lessee doesn’t imply a waiver of rights regarding continuous or further nonperformance, violation, incompliance or non-execution by the Lessee, nor eliminate or affect the Lessor’s rights or compensation available hereunder in respect of such continuous or further nonperformance of violation. Unless the Lessor waives its rights in written statement, no act or omission of the Lessor implies waiver of rights or infers as waiver. Any approval given by the Lessor applies only to certain issues specifically approved, which shall not operate as simultaneous waiver of other rights available to the Lessor nor exempt the Lessee from further applying to the Lessor for any other specific written approval.

INTERPRETATION AND MISCELLANEOUS. Name of Building 11.01 The Landlord reserves the right to name the Building with any such name

INTERPRETATION AND MISCELLANEOUS. Headings and indices) The headings and indices (if any) are intended for guidance only and do not form part of this Tenancy Agreement nor shall any of the provisions of this Tenancy Agreement be construed or interpreted by reference thereto or in any way affected or limited thereby.