will together constitute one and
the same instrument.
Section 5.12
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, INCLUDING THE EXHIBITS HERETO, AND NOT TO ANY PARTICULAR
ARTICLE, SECTION, OR OTHER SUBDIVISION HEREOF OR EXHIBIT HERETO; (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 OR TO AN "EXHIBIT" ARE TO AN
ARTICLE, SECTION, OR SUBDIVISION HEREOF OR AN "EXHIBIT" HERETO; 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.
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(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.
Section 5.13
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.
[Remainder of page intentionally left blank]
14
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date
first written above.
UNITED CHILE, INC.
By:
/s/
MAURICIO RAMOS
Mauricio Ramos
Its:
Vice President
UNITED CHILE VENTURES INC.
By:
/s/
JOHN P. BABB
John P. Babb
Its:
Vice President
VTR GLOBALCOM S.A.
By:
/s/
RODRIGO CASTILLO MURILLO
Rodrigo Castillo Murillo
Its:
Vice President
LIBERTY COMUNICACIONES DE CHILE
UNO LTDA.
By:
/s/
MAX LETELIER BOMCHIL
Max Letelier Bomchil
Its:
Attorney-in-Fact
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
CRISTALCHILE INVERSIONES S.A.
By:
/s/
BALTAZAR SÁNCHEZ GUZMÁN
Baltazar Sánchez Guzmán
Its:
Officer
By:
/s/
CIRILO ELTON GONZÁLEZ
Cirilo Elton González
Its:
Officer
EXHIBIT A
POTENTIAL PARTY ARBITRATORS
1.
René Abeliuk Manasevich
2.
Miguel Luis Amunátegui