the definitions contained herein or
incorporated by reference herein shall control.
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1.7
INCLUSION OF SPECIFIC EXAMPLES DOES NOT LIMIT GENERALITY; MEANING
OF CERTAIN WORDS
In this Agreement, unless indicated otherwise:
(A)
THE WORDS "INCLUDE", "INCLUDES" OR "INCLUDING" SHALL BE
INTERPRETED AS FOLLOWED, IN EACH CASE, BY THE PHRASE "WITHOUT LIMITATION".
(B)
GENERAL WORDS INTRODUCED BY THE WORD "OTHER" ARE NOT TO BE GIVEN A
RESTRICTIVE MEANING BY REASON OF THE FACT THAT THEY ARE PRECEDED BY WORDS
INDICATING A PARTICULAR CLASS OF ACTS, MATTERS OR THINGS, AND
(C)
GENERAL WORDS ARE NOT TO BE GIVEN A RESTRICTIVE MEANING BY REASON
OF THE FACT THAT THEY ARE FOLLOWED BY PARTICULAR EXAMPLES INTENDED TO BE
EMBRACED BY THE GENERAL WORDS.
(D)
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.
(E)
ANY REFERENCE IN THIS AGREEMENT TO ANY REPRESENTATION, WARRANTY OR
COVENANT "DEEMED" TO HAVE BEEN MADE IS INTENDED TO ENCOMPASS ONLY
REPRESENTATIONS, WARRANTIES OR COVENANTS THAT ARE EXPRESSLY STATED TO BE
REPEATED ON OR AS OF DATES FOLLOWING THE EXECUTION AND DELIVERY OF THIS
AGREEMENT, AND NO SUCH REFERENCE SHALL BE INTERPRETED AS A REFERENCE TO ANY
IMPLICIT, INFERRED, TACIT OR OTHERWISE UNEXPRESSED REPRESENTATION, WARRANTY OR
COVENANT.
1.8
REFERENCES TO A DAY AND TIME; COMPUTATION OF TIME PERIOD
(A)
IN THIS AGREEMENT, UNLESS INDICATED OTHERWISE, A REFERENCE TO A
"DAY" MEANS A PERIOD OF 24 HOURS RUNNING FROM MIDNIGHT TO MIDNIGHT AND A
REFERENCE TO A TIME OF DAY IS TO LONDON TIME.
(B)
IN THIS AGREEMENT, UNLESS OTHERWISE STATED, IN THE COMPUTATION OF
A PERIOD OF TIME FROM A SPECIFIED DATE TO A LATER SPECIFIED DATE, THE WORD
"FROM" MEANS "FROM AND INCLUDING", THE WORDS "TO" AND "UNTIL" EACH MEAN "TO BUT
EXCLUDING", AND THE WORD "WITHIN" MEANS "FROM AND EXCLUDING A SPECIFIED DATE AND
TO AND INCLUDING A LATER SPECIFIED DATE".
1.9
HEADINGS DO NOT AFFECT INTERPRETATION
In this Agreement headings are for convenience only and shall not affect the
interpretation of this Agreement.
1.10
SUCCESSORS ETC. OF PERSONS
In this Agreement, unless indicated otherwise, a reference (in any manner,
including generally, specifically, by name, by capacity, by role or otherwise)
to a person shall include references to:
(A)
HIS PERMITTED SUCCESSORS, TRANSFEREES AND ASSIGNS AND ANY PERSON
DERIVING TITLE UNDER OR THROUGH HIM, WHETHER IN SECURITY OR OTHERWISE, AND
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(B)
ANY PERSON INTO WHICH SUCH PERSON MAY BE MERGED OR CONSOLIDATED,
OR ANY COMPANY RESULTING FROM ANY MERGER, CONVERSION OR CONSOLIDATION OR ANY
PERSON SUCCEEDING TO SUBSTANTIALLY ALL OF THE BUSINESS OF THAT PERSON.
1.11
CONTINUING
In this Agreement, unless indicated otherwise, references to the term
"continuing", in respect of any Facility Event shall be construed as a reference
to the relevant event which has not been remedied or waived.
1.12
CALCULATIONS
(A)
ALL CALCULATIONS UNDER THIS AGREEMENT SHALL BE IN EUROS SO THAT
FOR PURPOSES OF CALCULATING OR DETERMINING