Arms’ Length Negotiations. The determination of the terms and conditions contained herein and the drafting of the provisions of this Agreement has been by mutual understanding after negotiation, with consideration by, and participation of, the Parties hereto and their counsel. This Agreement shall not be construed against any Party on the basis that the Party was the drafter or participated in the drafting. Any statute or rule of construction that ambiguities are to be resolved against the drafting party shall not be employed in the implementation of this Agreement and the Parties agree that the drafting of this Agreement has been a mutual undertaking.
Appears in 8 contracts
Samples: Class Action Settlement Agreement, Class Action Settlement Agreement, Class Action Settlement Agreement
Arms’ Length Negotiations. The determination of the terms and conditions contained herein and the drafting of the provisions of this Agreement has been by mutual understanding after negotiationnegotiation and mediation, with consideration by, and participation of, the Parties hereto and their counsel. This Agreement shall not be construed against any Party on the basis that the Party was the drafter or participated in the drafting. Any statute or rule of construction that ambiguities are to be resolved against the drafting party shall not be employed in the implementation of this Agreement and the Parties agree that the drafting of this Agreement has been a mutual undertaking.
Appears in 7 contracts
Samples: Class Action Settlement Agreement, Class Action Settlement Agreement, Settlement Agreement
Arms’ Length Negotiations. The determination of the terms and conditions contained herein and the drafting of the provisions of this Agreement has been by mutual understanding after negotiation, with consideration by, and participation of, the Parties hereto and their counsel. This Agreement shall not be construed against any Party on the basis that the Party was the drafter or participated in the drafting. Any statute or rule of construction that ambiguities are to be resolved against the drafting party shall not be employed in the implementation of this Agreement Agreement, and the Parties agree that the drafting of this Agreement has been a mutual undertaking.
Appears in 5 contracts
Samples: Joint Stipulation of Settlement, Joint Stipulation of Settlement, Settlement Agreement
Arms’ Length Negotiations. The determination of the terms and conditions contained herein and the drafting of the provisions of this the Agreement has been by mutual understanding after negotiation, with consideration by, and participation of, the Parties hereto and their counsel. This The Agreement shall not be construed against any Party on the basis that the Party was the drafter or participated in the drafting. Any statute or rule of construction that ambiguities are to be resolved against the drafting party shall not be employed in the implementation of this the Agreement and the Parties agree that the drafting of this the Agreement has been a mutual undertaking.
Appears in 2 contracts
Samples: National Settlement Agreement, National Settlement Agreement
Arms’ Length Negotiations. The determination of the terms and conditions contained herein and the drafting of the provisions of this Agreement has been by mutual understanding after negotiation, with consideration by, and participation of, the Parties hereto hereto, Settling Defendant’s Counsel and their counselClass Counsel. This Agreement shall not be construed against any Party on the basis that the Party was the drafter or participated in the drafting. Any statute or rule of construction that ambiguities are to be resolved against the drafting party shall not be employed in the implementation of this Agreement and the Parties agree that the drafting of this Agreement has been a mutual undertaking.
Appears in 2 contracts
Samples: Settlement Agreement, Settlement Agreement
Arms’ Length Negotiations. The determination of the terms and conditions contained herein and the drafting of the provisions of this Agreement has been by mutual understanding after negotiation, with consideration by, and participation of, the Parties hereto and their counsel. This Agreement shall will not be construed against any Party on the basis that the Party was the drafter or participated in the drafting. Any statute or rule of construction that ambiguities are to be resolved against the drafting party shall will not be employed in the implementation of this Agreement and the Parties agree that the drafting of this Agreement has been a mutual undertaking.
Appears in 2 contracts
Samples: Class Action Settlement Agreement, Class Action Settlement Agreement
Arms’ Length Negotiations. The determination of the terms and conditions contained herein and the drafting of the provisions of this Settlement Agreement has have been made by mutual understanding after negotiation, with consideration byagreement among, and participation of, the Parties hereto and their counsel. This Settlement Agreement shall not be construed against any Party on the basis that the Party was the drafter or participated in the draftingdrafting of the document. Any statute or rule of construction that ambiguities are to be resolved against the drafting party shall not be employed in the implementation or interpretation of this Settlement Agreement and the Parties agree that the drafting of this Settlement Agreement has been a mutual undertaking.
Appears in 1 contract
Samples: Settlement Agreement
Arms’ Length Negotiations. The determination of the terms and conditions contained herein and the drafting of the provisions of this Agreement has been by mutual understanding after negotiation, with consideration by, and participation of, the Parties hereto hereto, Defendants Counsel and their counselClass Counsel. This Agreement shall not be construed against any Party on the basis that the Party was the drafter or participated in the drafting. Any statute or rule of construction that ambiguities are to be resolved against the drafting party shall not be employed in the implementation of this Agreement and the Parties agree that the drafting of this Agreement has been a mutual undertaking.
Appears in 1 contract
Samples: Settlement Agreement
Arms’ Length Negotiations. The determination of the terms and conditions contained herein and the drafting of the provisions of this Agreement has been by mutual understanding after negotiation, with consideration by, and participation of, the Parties hereto hereto, SCI’s Counsel and their counselthe Class Counsel. This Agreement shall not be construed against any Party on the basis that the Party was the drafter or participated in the drafting. Any statute or rule of construction that ambiguities are to be resolved against the drafting party shall not be employed in the implementation of this Agreement and the Parties agree that the drafting of this Agreement has been a mutual undertaking.
Appears in 1 contract
Samples: Settlement Agreement
Arms’ Length Negotiations. The determination of the terms and conditions contained herein and the drafting of the provisions of this Agreement has been by mutual understanding after negotiation, with consideration by, and participation of, the Parties hereto and their counsel. This Agreement shall not be construed against any Party on the basis that the Party was the drafter or participated Electronically Filed - Xxxxxx - June 15, 2018 - 02:02 PM in the drafting. Any statute or rule of construction that ambiguities are to be resolved against the drafting party shall not be employed in the implementation of this Agreement and the Parties agree that the drafting of this Agreement has been a mutual undertaking.
Appears in 1 contract
Samples: Class Action Settlement Agreement