so executed and delivered
will be an original, but all such counterparts will together constitute one and
the same instrument.
Section 5.13
Interpretation.
(A)
AS USED HEREIN, EXCEPT AS OTHERWISE INDICATED HEREIN OR AS THE
CONTEXT MAY OTHERWISE REQUIRE: (I) THE WORDS "INCLUDE," "INCLUDES," AND
"INCLUDING" ARE DEEMED TO BE FOLLOWED BY "WITHOUT LIMITATION" WHETHER OR NOT
THEY ARE IN FACT FOLLOWED BY SUCH WORDS OR WORDS OF LIKE IMPORT; (II) THE WORDS
"HEREOF," "HEREIN," "HEREUNDER," AND COMPARABLE TERMS REFER TO THE ENTIRETY OF
THIS AGREEMENT, AND NOT TO ANY PARTICULAR ARTICLE, SECTION, OR OTHER SUBDIVISION
HEREOF; (III) ANY PRONOUN WILL INCLUDE THE CORRESPONDING MASCULINE, FEMININE,
AND NEUTER FORMS; (IV) THE SINGULAR INCLUDES THE PLURAL AND VICE VERSA;
(V) REFERENCES TO ANY AGREEMENT OR OTHER DOCUMENT ARE TO SUCH AGREEMENT OR
DOCUMENT AS AMENDED, MODIFIED, SUPPLEMENTED, AND RESTATED NOW OR HEREAFTER FROM
TIME TO TIME; (VI) REFERENCES TO ANY STATUTE OR REGULATION ARE TO IT AS AMENDED,
MODIFIED, SUPPLEMENTED, AND RESTATED NOW OR HEREAFTER FROM TIME TO TIME, AND TO
ANY CORRESPONDING PROVISIONS OF SUCCESSOR STATUTES OR REGULATIONS;
(VII) REFERENCES TO "ARTICLE," "SECTION," OR ANOTHER SUBDIVISION ARE TO AN
ARTICLE, SECTION, OR SUBDIVISION HEREOF; AND (VIII) EXCEPT AS OTHERWISE
EXPRESSLY PROVIDED IN THIS AGREEMENT, REFERENCES TO ANY PERSON OR ENTITY INCLUDE
SUCH PERSON'S OR ENTITY'S SUCCESSORS AND PERMITTED ASSIGNS.
(B)
ANY REFERENCE HEREIN TO A "DAY" OR NUMBER OF "DAYS" (WITHOUT THE
EXPLICIT QUALIFICATION OF "BUSINESS") WILL BE DEEMED TO REFER TO A CALENDAR DAY
OR NUMBER OF CALENDAR DAYS.
IF ANY ACTION OR NOTICE IS TO BE TAKEN OR GIVEN ON
OR BY A PARTICULAR CALENDAR DAY, AND SUCH CALENDAR DAY IS NOT A BUSINESS DAY,
THEN SUCH ACTION OR NOTICE MAY BE TAKEN OR GIVEN ON THE NEXT SUCCEEDING BUSINESS
DAY.
(C)
ANY FINANCIAL OR ACCOUNTING TERMS THAT ARE NOT OTHERWISE DEFINED
HEREIN WILL HAVE THE MEANINGS GIVEN THERETO UNDER GENERALLY ACCEPTED ACCOUNTING
PRINCIPLES AS USED IN CHILE AS IN EFFECT FROM TIME TO TIME, EXCEPT INSOFAR AS
THE SECURITIES ACT, THE EXCHANGE ACT OR OTHER UNITED STATES FEDERAL LAWS OR
REGULATIONS ARE APPLICABLE, IN WHICH CASE SUCH TERMS WILL HAVE THE MEANINGS
GIVEN THERETO UNDER GENERALLY ACCEPTED ACCOUNTING PRINCIPLES AS USED IN THE
UNITED STATES AS IN EFFECT FROM TIME TO TIME.
Section 5.14
Rules of Construction.
The Parties agree that they have
been represented by counsel during the negotiation, preparation, and execution
of this Agreement and, therefore, waive the application of any Law or rule of
construction providing that ambiguities in an agreement or other document will
be construed against the Party drafting such agreement or document.
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IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date
first written above.
UNITEDGLOBALCOM, INC.
By:
/s/ ELLEN P. SPANGLER
Ellen P. Spangler
Its:
Senior Vice President
CRISTALERÍAS DE CHILE S.A.
By:
/s/ BALTAZAR SÁNCHEZ GUZMÁN
Baltazar Sánchez Guzmán
Its:
Director
By:
/s/ CIRILO ELTON GONZÁLEZ
Cirilo Elton González
Its:
General Manager