Advice of Counsel/Construction. Each of Grantor and Lender represents and warrants that it has discussed this Agreement, including, without limitation, Section 22 and Section 23 hereof, with its counsel. 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 arises, this Agreement shall be construed as if drafted jointly by the parties hereto and no presumption or burden of proof shall arise favoring or disfavoring any party by virtue of the authorship of any provisions of the Agreement.
Advice of Counsel/Construction. The Employee acknowledges that the Employee has been advised by the Company to review the terms of this Agreement with legal counsel of the Employee’s choice and that the Employee has been given a reasonable opportunity to seek such legal advice.
Advice of Counsel/Construction. Each Party, along with its respective legal counsel, has had the opportunity to review and modify this Services Agreement, and to consult with counsel of choosing to the extent desired. Accordingly, in the event of any ambiguity, such ambiguity will not be construed in favor of, or against either party.
Advice of Counsel/Construction. This Agreement has been drafted by legal counsel to the Company, but you acknowledge your understanding that you have been advised to consult with an attorney prior to executing this Agreement (and by your execution hereof, you acknowledge that you have so consulted with an attorney of your choice or has knowingly and voluntarily waived such consultation), and the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party will not be employed in the interpretation of this Agreement.
Advice of Counsel/Construction. The Executive acknowledges that the Executive has been advised by the Company to review the terms of this Agreement with legal counsel of the Executive’s choice and that the Executive has been given a reasonable opportunity to seek such legal advice.
Advice of Counsel/Construction. The Executive acknowledges that the Executive has been advised by the Company to review the terms of this Agreement with legal counsel of the Executive’s choice (at Executive’s own expense) and that the Executive has been given a reasonable opportunity to seek such legal advice. The Executive also agrees that he has participated in the drafting of this Agreement and that both Parties shall be deemed the drafter of this Agreement for purposes of its construction and interpretation. Therefore, the general rule that ambiguities are to be construed against the drafter is, and shall be, inapplicable. If any language in this Agreement is found or claimed to be ambiguous, each party hereto shall have the same opportunity to present evidence as to the actual intent of the parties hereto with respect to any such ambiguous language without any inference or presumption being drawn against either party hereto.
Advice of Counsel/Construction. The Parties agree that the terms and conditions of this Agreement are the result of lengthy, intensive arms-length negotiations between the Parties and that this Agreement shall not be construed in favor of or against any Party by reason of the extent to which any Party or his or its counsel participated in the drafting of this Agreement.
Advice of Counsel/Construction. The parties warrant and represent to each other that they have had representation by legal counsel and/or have had the opportunity to be represented by legal counsel during all stages in the negotiation of this Agreement. The parties further agree that they have participated in the negotiating and drafting of this Agreement and stipulate that this Agreement shall not be construed more favorably with respect to either party.
Advice of Counsel/Construction. Each of the parties represents that in the execution of this Guaranty, and the negotiations leading thereto, it has had the opportunity to consult legal counsel of its own selection, and that, prior to the execution of the Guaranty, the party's attorney reviewed this Guaranty, suggested any desired changes and advised the party with respect to the desirability of executing this Guaranty. This Guaranty shall be deemed to have been drafted by both parties, and no rule of construction shall be applied against any party as the draftsperson.
Advice of Counsel/Construction. Each of the Parties represents that in the execution of this Agreement, and the negotiations leading thereto, it has had the opportunity to consult legal counsel of its own selection, and that, prior to the execution of this Agreement by each Party, the Party's attorney reviewed this Agreement, suggested any desired changes and advised the Party with respect to the advisability of executing this Agreement. This Agreement shall be deemed to have been drafted by both Parties, and no rule of construction shall be applied against any Party as the drafter.
