Circuit City 2007 Annual Report Download - page 82

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CompUSA.com, Compusabusiness.com, Compusaauction.com and its auction business on Overstock.com, Ebay.com and other third party
auction sites.
“ Transferred Real Estate Business ” means the business conducted by the Seller Group in the retail and resale of personal computers,
consumer electronics and related products and services at the Acquired Premises.
“ United States ” or “ U.S. ” means the United States of America, its territories and possessions.
1.2
Currency . Unless otherwise indicated, all dollar amounts referred to in this Agreement are expressed in U.S. dollars.
1.3
Sections; Cross References; Headings . Unless the context requires otherwise, when reference is made in this Agreement
to an Article, Section, Schedule or Exhibit, such reference shall be to an Article, Section, Schedule or Exhibit, respectively, of this Agreement.
Unless the context requires otherwise, the words “hereof”, “hereby” and “herein” and words of similar meaning when used in this Agreement
refer to this Agreement in its entirety and not to any particular Section or provision of this Agreement. The table of contents and headings
contained in this Agreement are for convenience of reference only and shall not affect in any way the meaning or interpretation of this
Agreement.
1.4
Rules of Construction .
(a)
The Parties acknowledge that this Agreement is the product of negotiation between sophisticated parties, all of whom
were represented by counsel, and each of whom had an opportunity to participate in and did participate in, the drafting of each provision hereof.
Accordingly, ambiguities in this Agreement, if any, shall not be construed strictly or in favor of or against any Party but rather shall be given a
fair and reasonable construction without regard to the rule of contra proferentem .
(b)
Whenever the context may require, any pronouns used in this Agreement shall include the corresponding masculine,
feminine or neuter forms, and the singular form of nouns and pronouns shall include the plural, and vice versa. The definitions of terms herein
shall apply equally to the singular and plural forms of the terms defined.
(c)
Unless the context requires otherwise, (i) any definition of or reference to any agreement, instrument or other document
shall be construed as referring to such agreement, instrument or other document as from time to time amended, supplemented or otherwise
modified, (ii) any reference herein to any Person shall be construed to include such Person’
s successors and assigns and (iii) any reference to any
law shall include all statutory and regulatory provisions consolidating, amending, replacing or interpreting such law.
1.5
Times of Day . Unless otherwise specified, all references herein to times of day shall be references to Eastern time
(daylight or standard, as applicable).
10