Common use of Interpretation In this Agreement Clause in Contracts

Interpretation In this Agreement. (a) headings are for convenience only and do not affect its interpretation; (b) specifying anything after the words “include” or “for example” or similar expressions does not limit what else is included; and unless the context otherwise requires: (c) an obligation or liability assumed by, or a right conferred on, two or more Parties binds or benefits all of them jointly and each of them severally; (d) the expression person includes an individual, the estate of an individual, a corporation, an authority, an association or joint venture (whether incorporated or unincorporated), a partnership and a trust; (e) a reference to any party includes that party’s executors, administrators, successors and permitted assigns, including any person taking by way of novation; (f) a reference to a body, other than a party to this Agreement whether statutory or not: (i) which ceases to exist; or (ii) whose powers or functions are transferred to another body, is a reference to the body which replaces it or substantially succeed its powers or functions; (g) a reference to any document (including this Agreement) is to that document as varied, novated, ratified or replaced from time to time; (h) a reference to any statute or to any statutory provision includes any statutory modification or re-enactment of it or any statutory provision substituted for it, and all ordinances, by-laws, regulations, rules and statutory instruments (however described) issued under it; (i) words importing the singular include the plural (and vice versa) and words indicating a gender include every other gender; (j) reference to parties, clauses, schedules, exhibits or annexure are references to parties, clauses, schedules, exhibits and annexure to or of this Agreement and a reference to this Agreement includes any schedule, exhibit or annexure to this Agreement; (k) where a word or phrase is given a defined meaning, any other part of speech or grammatical form of that word or phrase has a corresponding meaning; (l) a reference to time is to Western Standard Time as observed in Perth, Western Australia; (m) if a period of time is specified and dates from a given day or the day of an event, it is to be calculated exclusive of that day; (n) a reference to a day is to be interpreted as the period of time commencing at midnight and ending 24 hours later; (o) if an act prescribed under this Agreement to be done by a party on or by a given day is done after 5.00pm on that day, it is taken to be done on the next day; (p) a reference to a payment is to a payment by bank cheque or such other form of cleared funds the recipient otherwise allows in the relevant lawful currency specified; (q) a reference to $ or dollar is to the lawful currency of the United States of America; and (r) a reference to a party using or an obligation on a party to use reasonable endeavours or its best endeavours does not oblige that party to: (i) pay money: (A) in the form of an inducement or consideration to a third party to procure something (other than the payment of immaterial expenses or costs, including costs of advisers, to procure the relevant thing); or (B) in circumstances that are commercially onerous or unreasonable in the context of this Agreement; (ii) provide other valuable consideration to or for the benefit of any person; or (iii) agree to commercially onerous or unreasonable conditions.

Appears in 2 contracts

Sources: Heads of Agreement (Braiin LTD), Heads of Agreement (Braiin LTD)

Interpretation In this Agreement. (a) headings are for convenience only and do not affect its interpretation; (b) specifying anything after the words “include” or “for example” or similar expressions does not limit what else is included; and unless the context otherwise requires: (c) an obligation or liability assumed by, or a right conferred on, two or more Parties binds or benefits all of them jointly and each of them severallyseverally only; (d) the expression person includes an individual, the estate of an individual, a corporation, an authority, an association or joint venture (whether incorporated or unincorporated), a partnership and a trust; (e) a reference to any party includes that party’s executors, administrators, successors and permitted assigns, including any person taking by way of novation; (f) a reference to a body, other than a party to this Agreement whether statutory or not: (i) which ceases to exist; or (ii) whose powers or functions are transferred to another body, is a reference to the body which replaces it or substantially succeed its powers or functions; (g) a reference to any document (including this Agreement) is to that document as varied, novated, ratified or replaced from time to time; (h) a reference to any statute or to any statutory provision includes any statutory modification or re-enactment of it or any statutory provision substituted for it, and all ordinances, by-laws, regulations, rules and statutory instruments (however described) issued under it; (i) words importing the singular include the plural (and vice versa) and words indicating a gender include every other gender; (j) reference to parties, clauses, schedules, exhibits or annexure are references to parties, clauses, schedules, exhibits and annexure to or of this Agreement and a reference to this Agreement includes any schedule, exhibit or annexure to this Agreement; (k) where a word or phrase is given a defined meaning, any other part of speech or grammatical form of that word or phrase has a corresponding meaning; (l) a reference to time is to Western Standard Time as observed in Perth, Western Australia; (m) if a period of time is specified and dates from a given day or the day of an event, it is to be calculated exclusive of that day; (n) a reference to a day is to be interpreted as the period of time commencing at midnight and ending 24 hours later; (o) if an act prescribed under this Agreement to be done by a party on or by a given day is done after 5.00pm on that day, it is taken to be done on the next day; (p) a reference to a payment is to a payment by bank cheque electronic funds transfer or such other form of cleared funds the recipient otherwise allows in the relevant lawful currency specified; (q) a reference to $ or dollar is to the lawful currency of the United States of America; and (r) a reference to a party using or an obligation on a party to use reasonable endeavours or its best endeavours does not oblige that party to: (i) pay money: (A) in the form of an inducement or consideration to a third party to procure something (other than the payment of immaterial expenses or costs, including costs of advisers, to procure the relevant thing); or (B) in circumstances that are commercially onerous or unreasonable in the context of this Agreement; (ii) provide other valuable consideration to or for the benefit of any person; or (iii) agree to commercially onerous or unreasonable conditions.

Appears in 2 contracts

Sources: Binding Heads of Agreement (Braiin LTD), Binding Heads of Agreement (Braiin LTD)

Interpretation In this Agreement. (a) headings are for convenience only and do not affect its interpretation; (b) specifying anything after the words “include” or “for example” or similar expressions does not limit what else is included; and unless the context otherwise requires: (c) an obligation or liability assumed by, or a right conferred on, two or more Parties binds or benefits all of them jointly and each of them severally; (d) the expression person includes an individual, the estate of an individual, a corporation, an authority, an association or joint venture (whether incorporated or unincorporated), a partnership and a trust; (e) a reference to any party includes that party’s executors, administrators, successors and permitted assigns, including any person taking by way of novation; (f) a reference to a body, other than a party to this Agreement whether statutory or not: (i) which ceases to exist; or (ii) whose powers or functions are transferred to another body, is a reference to the body which replaces it or substantially succeed its powers or functions; (g) a reference to any document (including this Agreement) is to that document as varied, novated, ratified or replaced from time to time; (h) a reference to any statute or to any statutory provision includes any statutory modification or re-re- enactment of it or any statutory provision substituted for it, and all ordinances, by-laws, regulations, rules and statutory instruments (however described) issued under it; (i) words importing the singular include the plural (and vice versa) and words indicating a gender include every other gender; (j) reference to parties, clauses, schedules, exhibits or annexure are references to parties, clauses, schedules, exhibits and annexure to or of this Agreement and a reference to this Agreement includes any schedule, exhibit or annexure to this Agreement; (k) where a word or phrase is given a defined meaning, any other part of speech or grammatical form of that word or phrase has a corresponding meaning; (l) a reference to time is to Western Standard Time as observed in Perth, Western Australia; (m) if a period of time is specified and dates from a given day or the day of an event, it is to be calculated exclusive of that day; (n) a reference to a day is to be interpreted as the period of time commencing at midnight and ending 24 hours later; (o) if an act prescribed under this Agreement to be done by a party on or by a given day is done after 5.00pm on that day, it is taken to be done on the next day; (p) a reference to a payment is to a payment by bank cheque or such other form of cleared funds the recipient otherwise allows in the relevant lawful currency specified; (q) a reference to $ or dollar is to the lawful currency of the United States of America; and (r) a reference to a party using or an obligation on a party to use reasonable endeavours or its best endeavours does not oblige that party to: (i) pay money: (A) in the form of an inducement or consideration to a third party to procure something (other than the payment of immaterial expenses or costs, including costs of advisers, to procure the relevant thing); or (B) in circumstances that are commercially onerous or unreasonable in the context of this Agreement; (ii) provide other valuable consideration to or for the benefit of any person; or (iii) agree to commercially onerous or unreasonable conditions.. If the terms and conditions set out above are acceptable, please execute this Agreement in the appropriate place below. Dated this day of September 2024. EXECUTED by V▇▇▇ GLOBAL in accordance with section 127 of the Corporations Act 2001 (Cth) Signature of sole director Name of sole director EXECUTED by BRAIIN LIMITED ) ACN 660 713 093 ) in accordance with section 127 of the ) Corporations Act 2001 (Cth): ) Signature of director Name of director * please delete as applicable

Appears in 1 contract

Sources: Heads of Agreement (Braiin Holdings LTD)

Interpretation In this Agreement. (a) headings are for convenience only and do not affect its interpretation; (b) specifying anything after the words “include” or “for example” or similar expressions does not limit what else is included; and unless the context otherwise requires: (c) an obligation or liability assumed by, or a right conferred on, two or more Parties binds or benefits all of them jointly and each of them severallyseverally only; (d) the expression person includes an individual, the estate of an individual, a corporation, an authority, an association or joint venture (whether incorporated or unincorporated), a partnership and a trust; (e) a reference to any party includes that party’s executors, administrators, successors and permitted assigns, including any person taking by way of novation; (f) a reference to a body, other than a party to this Agreement whether statutory or not: (i) which ceases to exist; or (ii) whose powers or functions are transferred to another body, , is a reference to the body which replaces it or substantially succeed its powers or functions; (g) a reference to any document (including this Agreement) is to that document as varied, novated, ratified or replaced from time to time; (h) a reference to any statute or to any statutory provision includes any statutory modification or re-enactment of it or any statutory provision substituted for it, and all ordinances, by-laws, regulations, rules and statutory instruments (however described) issued under it; (i) words importing the singular include the plural (and vice versa) and words indicating a gender include every other gender; (j) reference to parties, clauses, schedules, exhibits or annexure are references to parties, clauses, schedules, exhibits and annexure to or of this Agreement and a reference to this Agreement includes any schedule, exhibit or annexure to this Agreement; (k) where a word or phrase is given a defined meaning, any other part of speech or grammatical form of that word or phrase has a corresponding meaning; (l) a reference to time is to Western Standard Time as observed in Perth, Western Australia; (m) if a period of time is specified and dates from a given day or the day of an event, it is to be calculated exclusive of that day; (n) a reference to a day is to be interpreted as the period of time commencing at midnight and ending 24 hours later; (o) if an act prescribed under this Agreement to be done by a party on or by a given day is done after 5.00pm on that day, it is taken to be done on the next day; (p) a reference to a payment is to a payment by bank cheque electronic funds transfer or such other form of cleared funds the recipient otherwise allows in the relevant lawful currency specified; (q) a reference to $ or dollar is to the lawful currency of the United States of America; and (r) a reference to a party using or an obligation on a party to use reasonable endeavours or its best endeavours does not oblige that party to: (i) pay money: (A) in the form of an inducement or consideration to a third party to procure something (other than the payment of immaterial expenses or costs, including costs of advisers, to procure the relevant thing); or (B) in circumstances that are commercially onerous or unreasonable in the context of this Agreement; (ii) provide other valuable consideration to or for the benefit of any person; or (iii) agree to commercially onerous or unreasonable conditions.

Appears in 1 contract

Sources: Heads of Agreement (Braiin LTD)