CONVERSATIONS WITH RESPECT TO SUCH SUBJECT
MATTER.
NO AGREEMENTS OR UNDERSTANDINGS EXIST BETWEEN THE PARTIES OTHER THAN
THOSE SET FORTH OR REFERRED TO HEREIN OR THEREIN.
13.04.
CONSTRUCTION.
IN THIS AGREEMENT AND EACH OF THE
ANCILLARY AGREEMENTS, UNLESS A CLEAR CONTRARY INTENTION APPEARS:
(A)
THE SINGULAR NUMBER INCLUDES THE PLURAL
NUMBER AND VICE VERSA;
(B)
REFERENCE TO ANY PERSON INCLUDES SUCH
PERSON'S SUCCESSORS AND ASSIGNS BUT, IF APPLICABLE, ONLY IF SUCH SUCCESSORS AND
ASSIGNS ARE NOT PROHIBITED BY THIS AGREEMENT OR THE RELEVANT ANCILLARY
AGREEMENT, AND REFERENCE TO A PERSON IN A PARTICULAR CAPACITY EXCLUDES SUCH
PERSON IN ANY OTHER CAPACITY OR INDIVIDUALLY;
(C)
REFERENCE TO ANY GENDER INCLUDES EACH OTHER
GENDER;
(D)
REFERENCE TO ANY AGREEMENT, DOCUMENT OR
INSTRUMENT MEANS SUCH AGREEMENT, DOCUMENT OR INSTRUMENT AS AMENDED, MODIFIED,
SUPPLEMENTED OR RESTATED, AND IN EFFECT FROM TIME TO TIME IN ACCORDANCE WITH THE
TERMS THEREOF SUBJECT TO COMPLIANCE WITH THE REQUIREMENTS SET FORTH HEREIN OR IN
THE RELEVANT ANCILLARY AGREEMENT;
(E)
REFERENCE TO ANY APPLICABLE LAW MEANS SUCH
APPLICABLE LAW AS AMENDED, MODIFIED, CODIFIED, REPLACED OR REENACTED, IN WHOLE
OR IN PART, AND IN EFFECT FROM TIME TO TIME, INCLUDING RULES AND REGULATIONS
PROMULGATED THEREUNDER, AND REFERENCE TO ANY SECTION OR OTHER PROVISION OF ANY
APPLICABLE LAW MEANS THAT PROVISION OF SUCH APPLICABLE LAW FROM TIME TO TIME
60
IN EFFECT AND CONSTITUTING THE SUBSTANTIVE AMENDMENT, MODIFICATION,
CODIFICATION, REPLACEMENT OR REENACTMENT OF SUCH SECTION OR OTHER PROVISION;
(F)
"HEREIN," "HEREBY," "HEREUNDER,"
"HEREOF," "HERETO" AND WORDS OF SIMILAR IMPORT SHALL BE DEEMED REFERENCES TO
THIS AGREEMENT OR TO THE RELEVANT ANCILLARY AGREEMENT AS A WHOLE AND NOT TO ANY
PARTICULAR ARTICLE, SECTION OR OTHER PROVISION HEREOF OR THEREOF;
(G)
"INCLUDING" (AND WITH CORRELATIVE MEANING
"INCLUDE") MEANS INCLUDING WITHOUT LIMITING THE GENERALITY OF ANY DESCRIPTION
PRECEDING SUCH TERM;
(H)
THE TABLE OF CONTENTS AND HEADINGS ARE FOR
CONVENIENCE OF REFERENCE ONLY AND SHALL NOT AFFECT THE CONSTRUCTION OR
INTERPRETATION HEREOF OR THEREOF;
(I)
WITH RESPECT TO THE DETERMINATION OF ANY
PERIOD OF TIME, "FROM" MEANS "FROM AND INCLUDING" AND "TO" MEANS "TO BUT
EXCLUDING;" AND
(J)
REFERENCES TO DOCUMENTS, INSTRUMENTS OR
AGREEMENTS SHALL BE DEEMED TO REFER AS WELL TO ALL ADDENDA, EXHIBITS, SCHEDULES
OR AMENDMENTS THERETO.
13.05.
SIGNATURES.
EACH PARTY ACKNOWLEDGES THAT IT AND THE
OTHER PARTY (AND THE OTHER MEMBERS OF THEIR RESPECTIVE GROUPS) MAY EXECUTE
CERTAIN OF THE ANCILLARY AGREEMENTS BY FACSIMILE, STAMP OR MECHANICAL
SIGNATURE.
EACH PARTY EXPRESSLY ADOPTS AND CONFIRMS EACH SUCH FACSIMILE, STAMP
OR MECHANICAL SIGNATURE MADE IN ITS RESPECTIVE NAME (OR THAT OF THE APPLICABLE
MEMBER OF ITS GROUP) AS IF IT WERE A MANUAL SIGNATURE, AGREES THAT IT WILL NOT
ASSERT THAT ANY SUCH SIGNATURE IS NOT ADEQUATE TO BIND SUCH PARTY TO THE SAME
EXTENT AS IF IT WERE SIGNED MANUALLY AND AGREES THAT AT THE REASONABLE REQUEST
OF THE OTHER PARTY AT ANY TIME IT WILL AS PROMPTLY AS REASONABLY PRACTICABLE
CAUSE EACH SUCH ANCILLARY AGREEMENT TO BE MANUALLY EXECUTED (ANY SUCH EXECUTION
TO BE AS OF THE DATE OF THE