Joint Negotiation. The parties have participated jointly in the negotiation and drafting of this Agreement. In the event an ambiguity or question of intent or interpretation arises, the parties intend that this Agreement be construed as if drafted jointly by the parties and that no presumption or burden of proof arise favoring or disfavoring any party by virtue of the authorship of any of the provisions of this Agreement.
Appears in 147 contracts
Samples: Sub Advisory Agreement (Blackstone Alternative Investment Funds), Investment Sub Advisory Agreement (Blackstone Alternative Investment Funds), Investment Sub Advisory Agreement (Blackstone Alternative Investment Funds)
Joint Negotiation. The parties have participated jointly in the negotiation negotiating and drafting of this Agreement. In the event that an ambiguity or a question of intent or interpretation arises, the parties intend that this Agreement shall be construed as if drafted jointly by the parties parties, and that no presumption or burden of proof shall arise favoring or disfavoring any party by virtue of the authorship of any of the provisions provision of this Agreement.
Appears in 19 contracts
Samples: Support Agreement (ConversionPoint Holdings, Inc.), Support Agreement (ConversionPoint Holdings, Inc.), Support Agreement (Inuvo, Inc.)
Joint Negotiation. The parties Parties have participated jointly in the negotiation negotiating and drafting of this Agreement. In the event that an ambiguity or a question of intent or interpretation arises, the parties intend that this Agreement shall be construed as if drafted jointly by the parties Parties, and that no presumption or burden of proof shall arise favoring or disfavoring any party Party by virtue of the authorship of any of the provisions provision of this Agreement.
Appears in 7 contracts
Samples: Stock and Asset Purchase Agreement, Framework Agreement, Stock and Asset Purchase Agreement (Eastman Kodak Co)
Joint Negotiation. The parties hereto have participated jointly in the negotiation and drafting of this Agreement. In the event of an ambiguity or question of intent or interpretation arises, the parties intend that this Agreement shall be construed as if drafted jointly by the parties hereto, and that no presumption or burden of proof shall arise favoring or disfavoring any party by virtue of the authorship of any of the provisions of this Agreement.
Appears in 6 contracts
Samples: Common Stock Subscription Agreement (European Wax Center, Inc.), Agreement and Plan of Merger (European Wax Center, Inc.), Agreement and Plan of Merger (European Wax Center, Inc.)
Joint Negotiation. The parties to this Agreement have participated jointly in the negotiation negotiating and drafting of this Agreement. In the event that an ambiguity or a question of intent or interpretation arises, the parties intend that this Agreement shall be construed as if drafted jointly by the parties parties, and that no presumption or burden of proof shall arise favoring or disfavoring any party by virtue of the authorship of any of the provisions provision of this Agreement.
Appears in 5 contracts
Samples: Shareholders Agreement (Tang Hsiang Chien), Stock Purchase Agreement (Barclays Bank PLC /Eng/), Stock Purchase Agreement (BlackRock Inc.)
Joint Negotiation. The parties hereto have participated jointly in the negotiation negotiating and drafting of this Agreement. In the event that an ambiguity or a question of intent or interpretation arises, the parties intend that this Agreement shall be construed as if drafted jointly by the parties parties, and that no presumption or burden of proof shall arise favoring or disfavoring any party by virtue of the authorship of any of the provisions provision of this Agreement.
Appears in 4 contracts
Samples: Transaction Agreement (Metlife Inc), Transaction Agreement (Banco Bilbao Vizcaya Argentaria, S.A.), Share Purchase Agreement (Cb Richard Ellis Group Inc)
Joint Negotiation. The parties hereto have participated jointly in the negotiation and drafting of this Agreement. In Agreement and, in the event an ambiguity or question of intent or interpretation arises, the parties intend that this Agreement shall be construed as if jointly drafted jointly by the parties hereto and that no presumption or burden of proof shall arise favoring or disfavoring any party by virtue of the authorship of any of the provisions provision of this Agreement.
Appears in 3 contracts
Samples: Audit Committee Observer Agreement (Titan International Inc), Agreement (MHR Fund Management LLC), Agreement (Titan International Inc)
Joint Negotiation. The parties to this Agreement acknowledge and agree that they have participated jointly in the negotiation negotiating and drafting of this Agreement. In the event that an ambiguity or a question of intent or interpretation arises, the parties intend that this Agreement shall be construed as if drafted jointly by the parties parties, and that no presumption or burden of proof shall arise favoring or disfavoring any party by virtue of the authorship of any of the provisions provision of this Agreement.
Appears in 2 contracts
Samples: Assignment Agreement (DWS Value Series, Inc), Financial Warranty Agreement (DWS Target Fund)
Joint Negotiation. The parties Parties have participated jointly in the negotiation and drafting of this Agreement. In the event an ambiguity or question of intent or interpretation arisesarises under any provision of this Agreement, the parties intend that this Agreement will be construed as if drafted jointly by the parties Parties, and that no presumption or burden of proof will arise favoring or disfavoring any party Party by virtue of the authorship of any of the provisions of this Agreement or by virtue of any prior drafts of this Agreement.
Appears in 1 contract
Joint Negotiation. The parties hereto have participated jointly in the negotiation and drafting of this Agreement. In the event an ambiguity or question of intent or interpretation arisesarises regarding this Agreement, the parties intend that this Agreement will be construed as if drafted jointly by the parties and that no presumption or burden of proof will arise favoring or disfavoring any party by virtue of the authorship of any of the provisions of this Agreement.
Appears in 1 contract
Samples: Stock Purchase and Sale Agreement (Universal Hospital Services Inc)
Joint Negotiation. The parties have participated jointly in the negotiation and drafting of this Agreement. In the event an ambiguity or question of intent or interpretation arises, the parties intend that this Agreement be construed as if drafted jointly by the parties and that no presumption or burden of proof arise favoring or disfavoring any party by virtue of the authorship of any of the provisions of this Agreement.. Exhibit d.18
Appears in 1 contract
Samples: Investment Sub Advisory (Blackstone Alternative Investment Funds)
Joint Negotiation. The parties to this Agreement have participated jointly in the negotiation negotiating and drafting of this Agreement. In the event that an ambiguity or a question of intent or interpretation arises, the parties intend that this Agreement shall be construed as if drafted jointly by the parties parties, and that no 95 presumption or burden of proof shall arise favoring or disfavoring any party by virtue of the authorship of any of the provisions provision of this Agreement.
Appears in 1 contract
