Absence of Presumption. With regard to each and every term and condition of this Agreement and any and all agreements and instruments subject to the terms hereof, the Parties hereto understand and agree that the same have or has been mutually negotiated, prepared and drafted, and if at any time the Parties hereto (or any court or arbitral tribunal) desire or are required to interpret or construe any such term or condition or any agreement or instrument subject hereto, no consideration will be given to the issue of which Party hereto actually prepared, drafted or requested any term or condition of this Agreement or any agreement or instrument subject hereto.
Appears in 6 contracts
Samples: Trademark License Agreement (Chindex International Inc), Joint Venture Governance and Shareholders Agreement (Chindex International Inc), Trademark License Agreement (Chindex International Inc)
Absence of Presumption. With regard to each and every term and condition of this Agreement and any and all agreements and instruments subject to the terms hereof, the Parties hereto understand and agree that the same have or has been mutually negotiated, prepared and drafted, and if at any time the Parties hereto (or any court or arbitral tribunal) desire or are required to interpret or construe any such term or condition or any agreement or instrument subject hereto, no consideration will shall be given to the issue of which Party hereto actually prepared, drafted or requested any term or condition of this Agreement or any agreement or instrument subject hereto.
Appears in 3 contracts
Samples: Supply Agreement (Cadence Pharmaceuticals Inc), Supply Agreement (Cadence Pharmaceuticals Inc), Clinical Supply Agreement (Cadence Pharmaceuticals Inc)
Absence of Presumption. With regard to each and every term and condition of this Agreement and any and all agreements and instruments subject to the terms hereof, the Parties parties hereto understand and agree that the same have or has been mutually negotiated, prepared and drafted, and if at any time the Parties parties hereto (or any court or arbitral tribunal) desire or are required to interpret or construe any such term or condition or any agreement or instrument subject hereto, no consideration will be given to the issue of which Party party hereto actually prepared, drafted or requested any term or condition of this Agreement or any agreement or instrument subject hereto.
Appears in 3 contracts
Samples: Voting and Support Agreement (Sothebys), Voting and Support Agreement (Third Point LLC), Investor Rights Agreement (Ch2m Hill Companies LTD)
Absence of Presumption. With regard to each and every term and condition of this Agreement and any and all agreements and instruments subject to the terms hereof, the Parties hereto understand and agree that the same have or has been mutually negotiated, prepared and drafted, and if at any time the Parties hereto (or any court or arbitral tribunal) desire or are required to interpret or construe any such term or condition or any agreement or instrument subject hereto, no consideration will be given to the issue of which Party hereto actually prepared, drafted or requested any term or condition of this Agreement or any agreement or instrument subject hereto.. [Signature page follows] 46
Appears in 1 contract
Samples: Joint Venture Governance and Shareholders Agreement
Absence of Presumption. With regard to The parties understand and agree that each and every term and condition provision of this Agreement and any and all agreements and instruments subject to the terms hereof, the Parties hereto understand and agree that the same have or has been mutually negotiated, prepared and drafted, and if at any time the Parties parties hereto (or any court or arbitral tribunal) desire or are required to interpret or construe any such term or condition or any agreement or instrument subject hereto, no consideration will be given to the issue of which Party party hereto actually prepared, drafted or requested any term or condition of this Agreement or any agreement or instrument subject hereto.
Appears in 1 contract
