Article and Section Headings, Construction. The headings of Sections and Articles in this Agreement are provided for convenience only and shall not affect its construction or interpretation. All references to "Section" or "Article" refer to the corresponding Section or Article of this Agreement. Unless expressly provided to the contrary, “hereunder,” “hereof,’ “herein,” and words of similar import are references to this Agreement as a whole and not any particular Section or other provision of this Agreement. Each definition of a defined term herein shall be equally applicable both to the singular and the plural forms of the term so defined. All words used in this Agreement shall be construed to be of such gender or number, as the circumstances require. Unless otherwise expressly provided, the word "including" does not limit the preceding words or terms. Each of Seller and Buyer has had substantial input into the drafting and preparation of this Agreement and has had the opportunity to exercise business discretion in relation to the negotiation of the details of the transactions contemplated hereby. This Agreement is the result of arm’s-length negotiations from equal bargaining positions. It is expressly agreed that this Agreement shall not be construed against any party, and no consideration shall be given or presumption made, on the basis of who drafted this Agreement or any particular provision hereof or who supplied the form of Agreement.
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Samples: Purchase and Sale Agreement (Energy Xxi (Bermuda) LTD), Purchase and Sale Agreement (Energy Xxi (Bermuda) LTD), Purchase and Sale Agreement (Energy XXI Texas, LP)
Article and Section Headings, Construction. The headings of Sections and Articles in this Agreement are provided for convenience only and shall not affect its construction or interpretation. All references to "“Section" ” or "“Article" ” refer to the corresponding Section or Article of this Agreement. Unless expressly provided to the contrary, “hereunder,” ”, “hereof,’ ’, “herein,” and words of similar import are references to this Agreement as a whole and not any particular Section or other provision of this Agreement. Each definition of a defined term herein shall be equally applicable both to the singular and the plural forms of the term so defined. All words used in this Agreement shall be construed to be of such gender or number, as the circumstances require. Unless otherwise expressly provided, the word "“including" ” does not limit the preceding words or terms. Each of Seller and Buyer has had substantial input into the drafting and preparation of this Agreement and has had the opportunity to exercise business discretion in relation to the negotiation of the details of the transactions contemplated hereby. This Agreement is the result of arm’s-length negotiations from equal bargaining positions. It is expressly agreed that this Agreement shall not be construed against any party, and no consideration shall be given or presumption made, on the basis of who drafted this Agreement or any particular provision hereof or who supplied the form of Agreement.
Appears in 2 contracts
Samples: Purchase and Sale Agreement (Energy Xxi (Bermuda) LTD), Purchase and Sale Agreement (Pogo Producing Co)
Article and Section Headings, Construction. The headings of Sections and Articles in this Agreement are provided for convenience only and shall not affect its construction or interpretation. All references to "“Section" ” or "“Article" ” refer to the corresponding Section or Article of this Agreement. Unless expressly provided to the contrary, “hereunder,” “hereof,’ “herein,” and words of similar import are references to this Agreement as a whole and not any particular Section or other provision of this Agreement. Each definition of a defined term herein shall be equally applicable both to the singular and the plural forms of the term so defined. All words used in this Agreement shall be construed to be of such gender or number, as the circumstances require. Unless otherwise expressly provided, the word "“including" ” does not limit the preceding words or terms. Each of Seller and Buyer has had substantial input into the drafting and preparation of this Agreement and has had the opportunity to exercise business discretion in relation to the negotiation of the details of the transactions contemplated hereby. This Agreement is the result of arm’s-length negotiations from equal bargaining positions. It is expressly agreed that this Agreement shall not be construed against any party, and no consideration shall be given or presumption made, on the basis of who drafted this Agreement or any particular provision hereof or who supplied the form of Agreement.
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