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ownership, operations, maintenance, and on -going upgrading /replacing of the PSERN <br />System during its anticipated useful life. <br />TERMS AND CONDITIONS OF AGREEMENT <br />NOW, THEREFORE, in consideration of the mutual promises, benefits and covenants <br />contained herein and other valuable consideration, the sufficiency of which is hereby <br />acknowledged, the Parties agree to the above Recitals and the following terms and <br />conditions. <br />1.0 RULES OF CONSTRUCTION AND DEFINITIONS <br />1.1 Rules of Construction <br />1.1.1 Unless the context requires otherwise, the singular form of a word shall <br />also mean and include the plural (and vice versa), and the masculine gender <br />shall also mean and include the feminine and neutral gender (and vice versa). <br />1.1.2 References to statutes or regulations include all statutory or regulatory <br />provisions consolidating, amending or replacing the statute or regulation <br />referred to. <br />1.1.3 References to sections, exhibits, attachments or appendices are to this <br />Agreement and references to articles or sections followed by a number shall be <br />deemed to include all subarticles, subsections, subclauses, subparagraphs and <br />other divisions bearing the same number as a prefix. <br />1.1.4 The words "including," "includes" and "include" shall be deemed to be <br />followed by the words "without limitation ". <br />1.1.5 The words "shall" or "will" shall be deemed to require mandatory action. <br />1.1.6 Words such as "herein," "hereof' and "hereunder" are not limited to the <br />specific provision within which such words appear but shall refer to the entire <br />Agreement taken as a whole. <br />1.1.7 Words such as "person" or "party" shall be deemed to include individuals, <br />political subdivisions, governmental agencies, associations, firms, companies, <br />corporations, partnerships, and joint ventures. <br />1.1.8 References to "days" shall mean calendar days unless expressly stated to <br />be "Business Days." If the due date for a task, payment, or any other requirement <br />falls on a Saturday, Sunday or holiday observed by the County, the due date <br />shall be deemed to be the next Business Day. <br />1.1.9 Words not otherwise defined that have well -known technical industry <br />meanings are used in accordance with such recognized meanings. <br />1.1.10 The headings and captions inserted into this Agreement are for <br />4 <br />