Agreement Jointly Drafted. The parties agree that this Agreement shall not be construed against any party to this Agreement on the grounds that such party drafted this Agreement, but shall be construed as if all parties jointly prepared this Agreement, and any uncertainty or ambiguity shall not on such grounds be interpreted against any one party.
Agreement Jointly Drafted. The Agreement shall be construed as if jointly drafted by the Parties.
Agreement Jointly Drafted. Both parties acknowledge that they have jointly drafted and negotiated all provisions of this Agreement, and this Agreement was not drafted solely by either party. This agreement shall not be interpreted strictly for or against either party.
Agreement Jointly Drafted. This Agreement represents the product of joint efforts and mutual understanding of Developer and the Township, and should be construed accordingly. Each party has had the opportunity to have this Agreement reviewed by legal counsel.
Agreement Jointly Drafted. This Agreement is deemed to have been drafted jointly by the Parties. Any uncertainty or ambiguity shall not be construed for or against any Party based on attribution of drafting to any Party.
Agreement Jointly Drafted. Developer has negotiated with City the terms of Documents and such documentation represents the product of the joint efforts and mutual agreements of Developer and City. Developer fully accepts and agrees to the final terms, conditions, requirements, and obligations of Documents, and Developer shall not be permitted in the future to claim that the effect of Documents results in an unreasonable limitation on uses of all or a portion of the Property or claim that enforcement of Documents causes an inverse condemnation, other condemnation, or taking of all or any portion of the Property. Furthermore, it is agreed that the improvements and undertakings described in Documents are necessary and roughly proportional to the burden imposed, and are necessary in order to (1) ensure that public services and facilities necessary for and affected by the Development will be capable of accommodating the development on the Property and the increased service and facility loads caused by the Development; (2) protect the natural environment and conserve natural resources; (3) ensure compatibility with adjacent uses of land; (4) promote use of the Property in a socially, environmentally, and economically desirable manner; and (5) achieve other legitimate objectives authorized under the Michigan Zoning Enabling Act, MCL 125.3101 et seq. It is further agreed and acknowledged that all such improvements, both on-site and off-site, are clearly and substantially related to the burdens to be created by the development of the Property and all such improvements without exception are clearly and substantially related to City’s legitimate interests in protecting the public health, safety, and general welfare.
Agreement Jointly Drafted. The Members agree that the Agreement was jointly drafted and that no interpretive presumption shall exist against either Member as a result of authorship of this Agreement.
Agreement Jointly Drafted. The Parties agree that this Agreement has been jointly drafted and that each Party has had the opportunity to have its legal counsel review, comment upon, and suggest amendments to the Agreement prior to its execution. The Parties recognize that in any legal action or proceeding concerning the interpretation of this Agreement, the trier or fact shall not be authorized to employ any presumption against the drafter of this Agreement to resolve any dispute.
Agreement Jointly Drafted. Each of the Parties hereto acknowledge and agree that this Agreement, including the Mutual Statement, is the product of mutual negotiation and drafting by each of the Parties hereto, and therefore any uncertainty or ambiguity in this Agreement shall not be interpreted or construed against or in favor of any Party. The Parties further acknowledge that they have entered into this Agreement knowingly and willingly, and reaffirm the veracity of the Mutual Statement and agree they will not make any online statements to retract the same.
Agreement Jointly Drafted. The Parties have negotiated the terms of this Agreement, and such documentation represents the product of the joint efforts and mutual agreements of the Parties. Developer and Township each fully accept and agree to the final terms, conditions, requirements, and obligations of this Agreement, and each shall not be permitted in the future to claim that the effect of this Agreement results in an unreasonable limitation upon uses of all or a portion of the Property, or claim that enforcement of this Agreement causes an inverse condemnation, other condemnation or taking of all or any portion of the Property. Furthermore, it is agreed that the improvements and undertakings described in this Agreement are necessary and roughly proportional to the burden imposed and are necessary in order to: (i) ensure that public services and facilities necessary for and affected by the Development will be capable of accommodating the development on the Property and the increased service and facility loads caused by the Development; (ii) protect the natural environment and conserve natural resources; (iii) ensure compatibility with adjacent uses of land; (iv) promote use of the Property in a socially, environmentally, and economically desirable manner; and (v) achieve other legitimate objectives authorized under the Michigan Zoning Enabling Act, MCL 125.3301 et seq. It is further agreed and acknowledged hereby that all such improvements, both on-site and off-site, are clearly and substantially related to the burdens to be created by the development of the Property, and all such improvements without exception are clearly and substantially related to the Township’s legitimate interests in protecting the public health, safety, and general welfare. The Parties acknowledge and agree that such improvements, both on-site and off-site, have been found to be necessary and constitute a recognizable and material benefit to the ultimate users of the Project and to the community.
