Common use of Absence of Presumption Clause in Contracts

Absence of Presumption. The Companies have participated jointly in the negotiation and drafting of this Agreement and, in the event an ambiguity or question of intent or interpretation arises, this Agreement shall be construed as if drafted jointly by the Companies and no presumption or burden of proof shall arise favoring or disfavoring either Company by virtue of the authorship of any of the provisions of this Agreement. Notwithstanding the foregoing, the purposes of Articles IV and V are to ensure the Intended Tax Treatment and, accordingly, the Companies agree that the language thereof shall be interpreted in a manner that serves this purpose to the greatest extent possible.

Appears in 5 contracts

Samples: Second Tax Matters Agreement (Time Warner Inc.), Second Tax Matters Agreement (AOL Inc.), Second Tax Matters Agreement (AOL Inc.)

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