Agreement Construction. Headings at the beginning of each paragraph and subparagraph are solely for the convenience of the parties and are not a part of the Lease. Whenever required by the context of this Lease, the singular shall include the plural and the masculine shall include the feminine and vice versa. It is agreed and acknowledged by the parties hereto that the provisions of the Lease have been arrived at through negotiation, and that each of the parties has had a full and fair opportunity to revise the provisions of the Lease and to have such provisions reviewed by legal counsel. Therefore, the normal rule of construction that any ambiguities are to be resolved against the drafting party shall not apply in construing or interpreting this Lease. All exhibits referred to in this Lease are attached and incorporated by this reference. This Lease and the relationship of the parties shall be construed to the maximum extent permitted by law except as provided to the contrary in this Lease, as if the two parties were private commercial actors, neither being a governmental or quasi- governmental entity. Notwithstanding the foregoing, Xxxxxx shall enjoy all greater rights that a party to such a Lease as the Lease would enjoy that Xxxxxx otherwise would, if the Lease and the relationship of the parties created hereunder were construed to be between the parties as actually constituted on the Commencement Date.
Appears in 3 contracts
Samples: Course Lease Agreement, Course Lease Agreement, Course Lease Agreement
Agreement Construction. Headings at the beginning of each paragraph and subparagraph are solely for the convenience of the parties and are not a part of the Lease. Whenever required by the context of this Lease, the singular shall include the plural and the masculine shall include the feminine and vice versa. It is agreed and acknowledged by the parties hereto that the provisions of the Lease have been arrived at through negotiation, and that each of the parties has had a full and fair opportunity to revise the provisions of the Lease and to have such provisions reviewed by legal counsel. Therefore, the normal rule of construction that any ambiguities are to be resolved against the drafting party shall not apply in construing or interpreting this Lease. All exhibits referred to in this Lease are attached and incorporated by this reference. This Lease and the relationship of the parties shall be construed to the maximum extent permitted by law except as provided to the contrary in this Lease, as if the two parties were private commercial actors, neither being a governmental or quasi- governmental entity. Notwithstanding the foregoing, Xxxxxx Lessee shall enjoy all greater rights that a party to such a Lease as the Lease would enjoy that Xxxxxx Lessee otherwise would, if the Lease and the relationship of the parties created hereunder were construed to be between the parties as actually constituted on the Commencement Date.
Appears in 1 contract
Samples: Course Lease Agreement