In this Agreement:
(a) headings and bold type are for convenience only and do not affect the interpretation of this Agreement;
(b) the singular includes the plural and the plural includes the singular;
(c) words of any gender include all genders;
(d) other parts of speech and grammatical forms of a word or phrase defined in this Agreement have a corresponding meaning;
(e) an expression importing a person includes any company, partnership, joint venture, association, corporation or other body corporate and any Government Agency as well as an individual;
(f) a reference to a clause, party, schedule, attachment, annexure or exhibit is a reference to a clause of, and a party, schedule, attachment, annexure or exhibit to, this Agreement and a reference to this Agreement includes any clause, schedule, attachment, annexure and exhibit;
(g) a reference to any legislation includes all delegated legislation made under it and amendments, consolidations, replacements or re-enactments;
(h) a reference to a document (including this Agreement) is that document as varied, amended, novated, ratified or replaced from time to time;
(i) a covenant or agreement on the part of the NOPs (or any one or more of them) made to the Project Owner binds all of the NOPs jointly and severally to the Project Owner;
Guidance Note - The Project Owner needs to consider whether it is appropriate that all of the NOPs are jointly and severally liable to the Project Owner for the obligations of the NOPs under the Agreement. For example, there may be some alliances where other State Government Agencies are Participants in the alliance and for which joint and several liability will not be appropriate. In addition, there may be some alliances where some other form of liability (i.e. joint liability or several liability) is mandated. Where the Project Owner determines that joint and several liability or joint liability of the NOPs is appropriate under the Agreement, it is expected that the liabilities of the NOPs as between themselves will be dealt with separately by the NOPs (including under a joint venture agreement where applicable). |
(j) all money referred to under this Agreement is in Australian dollars;
(k) a reference to a body (including an institute, association or authority), other than a party to this Agreement, whether statutory or not which ceases to exist or whose powers or functions are transferred to another body, is a reference to the body which replaces it or which substantially succeeds to its powers or functions; and
(l) specifying anything in this Agreement after the words "include" or "for example" or similar expressions does not limit what else is included.