Common use of Rules for interpreting this Agreement Clause in Contracts

Rules for interpreting this Agreement. Headings are for convenience only, and do not affect interpretation. The following rules also apply in interpreting this Agreement, except where the context makes it clear that a rule is not intended to apply. (a) A reference to: (i) legislation (including subordinate legislation) is to that legislation as amended, re- enacted or replaced, and includes any subordinate legislation issued under it; (ii) a document, terms and conditions, or a provision of a document or terms and conditions, is to that document, terms and conditions or provision as amended, supplemented, replaced or novated; (iii) a Party to this Agreement or to any other document or terms and conditions includes a permitted substitute or a permitted assign of that Party; (iv) a person includes any type of entity or body of persons, whether or not it is incorporated or has a separate legal identity, and any executor, administrator or successor in law of the person; (v) anything (including a right, obligation or concept) includes each part of it; (vi) ‘A$’, ‘$A’, ‘dollar’, ‘$’ or any charge making reference to a monetary amount is a reference to Australian currency; and (vii) a clause, part, schedule or annexure is a reference to a clause, part, schedule or annexure of this Agreement unless otherwise stated. (b) In addition: (i) time is of the essence under this Agreement; (ii) a singular word includes the plural, and vice versa; (iii) a word which suggests one gender, includes the other genders; (iv) if a word or phrase is defined, a matching word or phrase containing another part of speech has a corresponding meaning, whether or not the word or words in the matching phrase commence with a capital letter; (v) if an example is given of anything (including a right, obligation or concept), such as by saying it includes something else, the example does not limit the scope of that thing; (vi) the word agree includes an undertaking or other binding arrangement or understanding, and, unless otherwise qualified in this terms and conditions, whether or not in writing; (vii) a reference to "include" or "including" means includes, without limitation or including without limitation, respectively; (viii) a provision of this Agreement must not be construed to the disadvantage of a party merely because that party was responsible for the preparation of this Agreement; and (ix) in the event of an inconsistency or conflict between the provisions of the main body of the Agreement and the relevant schedule, the provisions of the relevant schedule shall prevail.

Rules for interpreting this Agreement. Headings are for convenience only, and do not affect interpretation. The following rules also apply in interpreting this Agreement, except where the context makes it clear that a rule is not intended to apply. (a) . A reference to: (ia) legislation (including subordinate legislation) is to that legislation as amended, re- re-enacted or replaced, and includes any subordinate legislation issued under it; (iib) a document, terms and conditions, or a provision of a document or terms and conditions, is to that document, terms and conditions or provision as amended, supplemented, replaced or novated;; {S0092427-2 } (iiic) a Party to this Agreement or to any other document or terms and conditions includes a permitted substitute or a permitted assign of that Party; (ivd) a person includes any type of entity or body of persons, whether or not it is incorporated or has a separate legal identity, and any executor, administrator or successor in law of the person; (ve) anything (including a right, obligation or concept) includes each part of it; (vif) ‘A$’, ‘$A’, ‘dollar’, ‘$’ or any charge making reference to a monetary amount is a reference to Australian currency; and (viig) a clause, part, schedule or annexure is a reference to a clause, part, schedule or annexure of this Agreement unless otherwise stated. (b) . In addition: (i) time is of the essence under this Agreement; (iia) a singular word includes the plural, and vice versa; (iiih) a word which suggests one gender, includes the other genders; (ivi) if a word or phrase is defined, a matching word or phrase containing another part of speech has a corresponding meaning, whether or not the word or words in the matching phrase commence with a capital letter; (vj) if an example is given of anything (including a right, obligation or concept), such as by saying it includes something else, the example does not limit the scope of that thing; (vik) the word agree "agree" includes an undertaking or other binding arrangement or understanding, and, unless otherwise qualified in this terms and conditions, whether or not in writing; (vii) a reference to "include" or "including" means includes, without limitation or including without limitation, respectively; (viiil) a provision of this Agreement must not be construed to the disadvantage of a party merely because that party was responsible for the preparation of this Agreement; and; (ixm) in the event of an inconsistency or conflict between the provisions of the main body of the Agreement and the relevant schedule, the provisions of the relevant schedule shall prevail; and (n) in the event of an inconsistency or conflict between the provisions of this Agreement and a Port Terminal Services Access Agreement, the provisions of the Port Terminal Services Access Agreement shall prevail in respect of the storage and handling of Bulk Wheat at the Port Terminal.