Lululemon 2010 Annual Report Download - page 102

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- 5 -
(d) this Agreement and all matters arising hereunder will be governed by and construed in accordance with the laws of British
Columbia, which will be deemed to be the proper law hereof, and the courts of British Columbia will have the non-exclusive
jurisdiction to entertain and determine all claims and disputes arising out of or in any way connected with this Agreement and
the validity, existence and enforceability hereof;
(e) the headings used in and the organization of this Agreement are solely for convenience of reference and will not in any way
affect, limit, amplify or modify the terms hereof and will not be construed in any way to be part of this Agreement in the
interpretation hereof;
(f) the words “herein”, “hereof” and “hereunder” and words of similar import refer to this Agreement as a whole and not to any
particular Article, section, subsection, paragraph, subparagraph or other subdivision or Schedule hereof;
(g) the word “including”, when following any general statement, term or matter, will not be construed to limit such general
statement, term or matter to the specific items or matters set forth immediately following such word or to similar items or
matters, but will be construed to refer to all other items or matters that could reasonably fall within the scope of such general
statement, term or matter, whether or not non-limiting language (such as “without limitation”, “but not limited to” or words of
similar import) is used with reference thereto;
(h) in the computation of periods of time from a specified date to a later specified date, unless otherwise expressly stated, the word
“
from
”
means
“
from and including
”
and the word
“
to
”
and
“
until
”
each mean
“
to but excluding
”
;
(i) words importing the masculine gender include the feminine or neuter gender and words in the singular include the plural, and
vice versa;
(j) any reference to a statute includes and is a reference to such statute and to the regulations made pursuant thereto, with all
amendments made thereto and in force from time to time, and to any statutes or any regulations that may be passed which have
the effect of supplementing or superseding such statutes or regulations;
(k)
all references to monetary amounts in this Agreement are references to Canadian dollars; and
(l) any reference herein to “the knowledge of the Vendor”, “the awareness of the Vendor” or “aware” (with reference to the
Vendor) will mean the actual knowledge of Chrystal Burns, Director, Investment Management and John Purcell, Senior Vice
President & Portfolio Manager, both of Bentall Kennedy (Canada) LP. For greater certainty, and in furtherance of the “as is-
where is” basis of this transaction, neither the Vendor, Ms. Burns nor Mr. Purcell will be required to conduct or initiate any
investigations or inquiries of any kind whatsoever or to commission any independent or internal studies, investigations or
reports in connection with the Purchased Property or any matters contemplated by or otherwise dealt with in this Agreement,
except that each of Ms. Burns and Mr. Purcell will consult with such asset managers, portfolio managers and leasing managers
within Bentall Kennedy (Canada) LP as may be reasonably necessary to ensure that they are fully informed regarding the
matter that is qualified by the
“
awareness
”
or
“
knowledge
”
of the Vendor.