1.8.2 Interpretation

1.8.2 Along with the definitions, a Clause dealing with interpretation of the drafting and definitions should be included, as follows:

1.8.2 Interpretation

(a) In this Contract, except where the context otherwise requires:41

(i) the masculine includes the feminine and vice-versa;

(ii) the singular includes the plural and vice-versa;

(iii) a reference in this Contract to any Clause, Sub-Clause, paragraph, Schedule or Annex is, except where it is expressly stated to the contrary, a reference to such Clause, Sub-Clause, paragraph, Schedule or Annex of this Contract;

(iv) save where stated to the contrary, any reference to this Contract or to any other document shall include any permitted variation, amendment, or supplement to such document;42

(v) any reference to any enactment, order, regulation or other similar instrument shall be construed as a reference to the enactment, order, regulation or instrument (including any EU instrument) as amended, replaced, consolidated or re-enacted;

(vi) references to any documents being "in the agreed form" means such documents have been initialled by or on behalf of each of the parties for the purpose of identification;

(vii) a reference to a person includes firms, partnerships and corporations and their successors and permitted assignees or transferees; and

(viii) headings are for convenience of reference only.

(b) This Contract is entered into under the PFI.43 This Contract is excluded from the Construction Contracts (Northern Ireland) Order 1997 by operation of Regulation 3 of the Construction Contracts Exclusion Order (Northern Ireland) 1999. The Contractor acknowledges that the operation of the Construction Contracts (Northern Ireland) Order 1997 upon any Project Document shall not affect the parties' rights or obligations under this Contract.44

Index1 45

Index2

where Index1 is the value of [index/indices selected] most recently published prior to the relevant calculation date. Index2 is the value of [index/indices selected] on [ ].46

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41 This clause may be extended as appropriate (e.g. to deal with the meaning of "day" and "month").

42 The Authority may wish to limit the Contractor's ability to make material changes to Project Documents. See Section 16.11 (Changes to Project Documents and Financing Agreements).

43 See Regulation 3 of the Construction Contracts Exclusion Order (Northern Ireland) 1999, SR No. 33.

44 The underlying justification for this Clause is outlined in Section 28.4.2. The Clause may, if appropriate, be omitted from Contracts for projects without a construction phase (i.e. those outside the scope of the Construction Contracts (Northern Ireland) Order 1997).

45 If RPIX is the index used (see Section 15.2 (Inflation Indexation)), then this can be defined as the index published in Table RP05 (RPI all items - excluding Mortgage Interest Payment) (RPIX) reference CHMK published by the Office for National Statistics or failing such publication or in the event of a fundamental change to the index, such other index as the parties may agree, or such adjustments to the index as the parties may agree (in each case with the intention of putting the parties in no better nor worse position than they would have been had the index not ceased to be published or the relevant fundamental change not been made) or, in the event that no such agreement is reached, as may be determined in accordance with Section 28 (Dispute Resolution) . See Section 15 (Price Variations) as other indices may be relevant. See HMT's Application Note "Interest Rate & Inflation Risks in PFI Contract" May 2006.

46 This is the date by reference to which the prices expressed in this Contract to be indexed are fixed, often the bid date.