Agreement Drafted By All Parties. This Agreement is the result of arm’s length negotiations between the Parties and shall be construed to have been drafted by all Parties such that any ambiguities in this Agreement shall not be construed against either Party.
Agreement Drafted By All Parties. This Agreement is the result of arm’s length negotiations between the parties and shall be construed to have been drafted by all parties such that any ambiguities in this Agreement shall not be construed against either party. EXHIBIT A-2 FORM OF SOFTWARE ORDER FOR TOPODOT® ENTERPRISE 300/500/1000 LICENSE IMPORTANT – READ THIS SOFTWARE ORDER (this “Software Order) CAREFULLY AND COMPLETELY BEFORE CLICKING “ACCEPT” AND INSTALLING ANY SOFTWARE REFERENCED HEREIN. CLICKING “ACCEPT” AND/OR INSTALLING ANY SOFTWARE REFERENCED HEREIN CONSTITUTES ACCEPTANCE OF EACH AND EVERY TERM OF THE AGREEMENT AND THIS SOFTWARE ORDER. This SOFTWARE ORDER is entered into by and between CERTAINTY 3D LLC, a Florida limited liability company (the “Licensor”) and the and the party to which the software identified herein is provided by the Licensor (the “Licensee”) under the Master Software License Agreement (the “Agreement”) between the parties. The terms and conditions set forth in the Agreement shall have the same meaning when used as defined terms in this Software Order. In the event of any conflict between the provisions of the Agreement and of this Software Order, the provisions of this Software Order shall prevail.
Agreement Drafted By All Parties. This Agreement shall be deemed to have been drafted by all Parties to this Agreement and therefore shall not be construed against any Party for reasons of drafting.
Agreement Drafted By All Parties. This Agreement is the result of arm’s length negotiations between the parties and shall be construed to have been drafted by all parties such that any ambiguities in this Agreement shall not be construed against either party. EXHIBIT A-1 FORM OF SOFTWARE ORDER FOR SINGLE USER TOPODOT® LICENSES IMPORTANT – READ THIS SOFTWARE ORDER (this “Software Order) CAREFULLY AND COMPLETELY BEFORE CLICKING “ACCEPT” AND INSTALLING ANY SOFTWARE REFERENCED HEREIN. CLICKING “ACCEPT” AND/OR INSTALLING ANY SOFTWARE REFERENCED HEREIN CONSTITUTES ACCEPTANCE OF EACH AND EVERY TERM OF THE AGREEMENT AND THIS SOFTWARE ORDER. This SOFTWARE ORDER is entered into by and between CERTAINTY 3D LLC, a Florida limited liability company (the “Licensor”) and the party to which the software identified herein is provided by the Licensor (the “Licensee”) under the Master Software License Agreement (the “Agreement”) between the parties. The terms and conditions set forth in the Agreement shall have the same meaning when used as defined terms in this Software Order. In the event of any conflict between the provisions of the Agreement and of this Software Order, the provisions of this Software Order shall prevail.
Agreement Drafted By All Parties. This Agreement is the result of arm’s length negotiations between the parties and shall be construed to have been drafted by all parties such that any ambiguities in this Agreement shall not be construed against either party. EXHIBIT A-3 FORM OF SOFTWARE ORDER FOR TOPODOT® FLEX 250 LICENSE IMPORTANT – READ THIS SOFTWARE ORDER (this “Software Order) CAREFULLY AND COMPLETELY BEFORE SIGNING AND INSTALLING ANY SOFTWARE REFERENCED HEREIN. . This SOFTWARE ORDER is entered into by and between CERTAINTY 3D LLC, a Florida limited liability company (the “Licensor”) and the and the party to which the software identified herein is provided by the Licensor (the “Licensee”) under the Master Software License Agreement (the “Agreement”) between the parties. The terms and conditions set forth in the Agreement shall have the same meaning when used as defined terms in this Software Order. In the event of any conflict between the provisions of the Agreement and of this Software Order, the provisions of this Software Order shall prevail.
Agreement Drafted By All Parties. 70. This AGREEMENT has been, and shall be construed to have been, drafted by all the PARTIES to it and the PARTIES agree that any rule which construes ambiguities against the drafter shall have no force or effect.
Agreement Drafted By All Parties. This Agreement is the result of arm’s length negotiations between the parties and shall be construed to have been drafted by all parties such that any ambiguities in this Agreement shall not be construed against either party. The parties have executed this Agreement to become effective as of the Effective Date. CUSTOMER: BY: (PRINTED NAME) (TITLE) (DATE) CLEAR BALLOT GROUP, INC. BY: (PRINTED NAME) (TITLE) (DATE) EXHIBIT A: PROFESSIONAL SERVICES TERMS Clear Ballot shall provide Customer certain Professional Services as specified in a SOW. Either party may request a change to a SOW, and for such purpose shall submit to the other party a written notice (“Change Request”) setting forth the requested change and the reason for such request. The parties shall discuss the necessity, desirability and/or acceptability of the Change Request. When and if both parties have agreed in writing upon the changes, and any resulting change in the estimated fees for the Services, the parties shall complete and execute a change order (“Change Order”) or a new or revised SOW. Clear Ballot shall have sole discretion in staffing the Professional Services and may assign the performance of any portion of the Professional Services to any subcontractor; provided that Clear Ballot shall be responsible for the performance of any such subcontractor. Customer shall designate at least one employee with knowledge of Customer’s business and Clear Ballot’s technology and services as its primary contact to be available for communication with Clear Ballot in providing the Professional Services. Customer will (a) cooperate with Clear Ballot,
Agreement Drafted By All Parties. 58. This AGREEMENT has been, and shall be construed to have been, drafted by all the PARTIES to it, and the PARTIES agree that any rule which construes ambiguities against the drafter shall have no force or effect. ATTACHMENTS Exhibit A Exhibit B Release of Claims By Plaintiff Xxxxx XxXxxxx Release of Claims By Plaintiff Xxxxx Xxxxx Exhibit C Form of Notice of Proposed Class Action Settlement Exhibit D Exhibit E Exhibit F Claim Form Settlement Website Template [Proposed] Order Granting Preliminary Approval of Settlement
