Construction and Interpretation of Agreement. a. The language in all parts of this Agreement shall in all cases be construed simply, as a whole and in accordance with its fair meaning and not strictly for or against any party. The parties hereto acknowledge and agree that this Agreement has been prepared jointly by the parties and has been the subject of arm’s length and careful negotiation over a considerable period of time, that each party has been given the opportunity to independently review this Agreement with legal counsel, and that each party has the requisite experience and sophistication to understand, interpret, and agree to the particular language of the provisions hereof. Accordingly, in the event of an ambiguity in or dispute regarding the interpretation of this Agreement, this Agreement shall not be interpreted or construed against the party preparing it, and instead other rules of interpretation and construction shall be utilized.
Appears in 8 contracts
Samples: Disposition and Development Agreement, Disposition and Development Agreement, Disposition and Development Agreement
Construction and Interpretation of Agreement. a. (a) The language in all parts of this Agreement shall in all cases be construed simply, as a whole and in accordance with its fair meaning and not strictly for or against any party. The parties hereto acknowledge and agree that this Agreement has been prepared jointly by the parties and has been the subject of arm’s length and careful negotiation over a considerable period of time, that each party has been given the opportunity to independently review this Agreement with legal counsel, and that each party has the requisite experience and sophistication to understand, interpret, interpret and agree to the particular language of the provisions hereof. Accordingly, in the event of an ambiguity in or dispute regarding the interpretation of this Agreement, this Agreement shall not be interpreted or construed against the party preparing it, and instead other rules of interpretation and construction shall be utilized.
Appears in 5 contracts
Samples: Operations and Support Services Agreement, Operations and Support Services Agreement, Independent Engineer Agreement
Construction and Interpretation of Agreement. a. The language in all parts of this Agreement shall in all cases be construed simply, as a whole and in accordance with its fair meaning and not strictly for or against any party. The parties hereto acknowledge and agree that this Agreement has been prepared jointly negotiated by the parties and has been the subject of arm’s length and careful negotiation over a considerable period of time, that each party has been given the opportunity to independently review this Agreement with legal counsel, and that each party has the requisite experience and sophistication to understand, interpret, interpret and agree to the particular language of the provisions hereof. Accordingly, in the event of an ambiguity in or dispute regarding the interpretation of this Agreement, this Agreement shall not be interpreted or construed against the party preparing it, and instead other rules of interpretation and construction shall be utilized.
Appears in 4 contracts
Samples: Conduit Use Agreement, Master Acquisition Agreement, Master Acquisition Agreement (Infinera Corp)
Construction and Interpretation of Agreement. a. (a) The language in all parts of this Agreement shall will in all cases be construed simply, as a whole and in accordance with its fair meaning and not strictly for or against any party. The parties hereto acknowledge and agree that this Agreement has been prepared jointly by the parties and has been the subject of arm’s length and careful negotiation over a considerable period of time, that each party has been given the opportunity to independently review this Agreement with legal counsel, and that each party has the requisite experience and sophistication to understand, interpret, interpret and agree to the particular language of the provisions hereof. Accordingly, in the event of an ambiguity in or dispute Dispute regarding the interpretation of this Agreement, this Agreement shall will not be interpreted or construed against the party preparing it, and instead other rules of interpretation and construction shall will be utilized.
Appears in 3 contracts
Samples: Comprehensive Agreement, Comprehensive Agreement, Comprehensive Agreement
Construction and Interpretation of Agreement. a. The language in all parts of this Agreement shall in all cases be construed simply, as a whole and in accordance with its fair meaning and not strictly for or against any partyParty. The parties hereto Parties acknowledge and agree that this Agreement has been prepared jointly by the parties Parties and has been the subject of arm’s length and careful negotiation over a considerable period of time, that each party Party has been given the opportunity to independently review this Agreement with legal counsel, and that each party Party has the requisite experience and sophistication to understand, interpret, and agree to the particular language of the provisions hereof. Accordingly, in the event of an ambiguity in or dispute regarding the interpretation of this AgreementAgreement or any provision hereof, this Agreement shall not be interpreted or construed against the party Party preparing it, and instead other rules of interpretation and construction shall be utilized.
Appears in 3 contracts
Samples: Assignment and Assumption Agreement, Owner Participation Agreement, Owner Participation Agreement
Construction and Interpretation of Agreement. a. (a) The language in all parts of this Agreement shall in all cases be construed simply, as a whole and in accordance with its fair meaning and not strictly for or against any party. The parties hereto acknowledge and agree that this Agreement has been prepared jointly by the parties and has been the subject of arm’s length and careful negotiation over a considerable period of time, that each party has been given the opportunity to independently review this Agreement with legal counsel, and that each party has the requisite experience and sophistication to understand, interpret, interpret and agree to the particular language of the provisions hereof. Accordingly, in the event of an ambiguity in or dispute regarding the interpretation of this Agreement, this Agreement shall not be interpreted or construed against the party preparing iteither party, and instead other rules of interpretation and construction shall be utilized.
Appears in 2 contracts
Samples: M Agreement, M Agreement
Construction and Interpretation of Agreement. a. The language in all parts of this Agreement shall in all cases be construed simply, as a whole and in accordance with its fair meaning and not strictly for or against any partyParty. The parties Parties hereto acknowledge and agree that this Agreement has been prepared jointly by the parties Parties and has been the subject of arm’s length and careful negotiation over a considerable period of time, that each party Party has been given the opportunity to independently review this Agreement with legal counsel, and that each party Party has the requisite experience and sophistication to understand, interpret, and agree to the particular language of the provisions hereof. Accordingly, in the event of an ambiguity in or dispute regarding the interpretation of this Agreement, this Agreement shall not be interpreted or construed against the party Party preparing it, and instead other rules of interpretation and construction shall be utilized.
Appears in 2 contracts
Samples: Disposition and Development Agreement, Disposition and Development Agreement
Construction and Interpretation of Agreement. a. The language in all parts of this Agreement shall in all cases be construed simply, as a whole and in accordance with its fair meaning and not strictly for or against any party. The parties hereto acknowledge and agree that this Agreement has been prepared jointly negotiated by the parties and has been the subject of arm’s 's length and careful negotiation over a considerable period of time, that each party has been given the opportunity to independently review this Agreement with legal counsel, and that each party has the requisite experience and sophistication to understand, interpret, interpret and agree to the particular language of the provisions hereof. Accordingly, in the event of an ambiguity in or dispute regarding the interpretation of this Agreement, this Agreement shall not be interpreted or construed against the party preparing it, and instead other rules of interpretation and construction shall be utilized.
Appears in 2 contracts
Samples: Metro Iru Agreement (Savvis Communications Corp), Haul Iru Agreement (Savvis Communications Corp)
Construction and Interpretation of Agreement. a. 13.13.1 The language in all parts of this Agreement shall in all cases be construed simply, as a whole and in accordance with its fair meaning and not strictly for or against any party. The parties hereto acknowledge and agree that this Agreement has been prepared jointly by the parties and has been the subject of arm’s length and careful negotiation over a considerable period of time, that each party has been given the opportunity to independently review this Agreement with legal counsel, and that each party has the requisite experience and sophistication to understand, interpret, interpret and agree to the particular language of the provisions hereof. Accordingly, in the event of an ambiguity in or dispute regarding the interpretation of this Agreement, this Agreement shall not be interpreted or construed against the party preparing it, and instead other rules of interpretation and construction shall be utilized.
Appears in 1 contract
Samples: Comprehensive Agreement
Construction and Interpretation of Agreement. a. 25.14.1 The language in all parts of this Agreement shall in all cases be construed simply, as a whole and in accordance with its fair meaning and not strictly for or against any partyParty. The parties Parties hereto acknowledge and agree that this Agreement has been prepared jointly by the parties Parties and has been the subject of arm’s length and careful negotiation over a considerable period of time, that each party Party has been given the opportunity to independently review this Agreement with legal counsel, and that each party Party has the requisite experience and sophistication to understand, interpret, interpret and agree to the particular language of the provisions hereof. Accordingly, in the event of an ambiguity in or dispute Dispute regarding the interpretation of this Agreement, this Agreement shall not be interpreted or construed against the party Party preparing it, and instead other rules of interpretation and construction shall be utilized.
Appears in 1 contract
Samples: Concession Agreement
Construction and Interpretation of Agreement. a. The language in all parts of this Agreement shall in all cases be construed simply, as a whole and in accordance with its fair meaning and not strictly for or against any party. The parties hereto acknowledge and agree that this Agreement has been prepared jointly by the parties and has been the subject of arm’s length and careful negotiation over a considerable period of time, that each party has been given the opportunity to independently review this Agreement with legal counsel, and that each party has the requisite experience and sophistication to understand, interpret, and agree to the particular language of the provisions hereof. Accordingly, in the event of an ambiguity in or dispute regarding the interpretation of this Agreement, this Agreement shall not be interpreted or construed against the party preparing it, and instead other rules of interpretation and construction shall be utilized.
Appears in 1 contract
Samples: Loan Agreement
Construction and Interpretation of Agreement. a. The language in all parts of this Agreement shall in all cases be construed simply, as a whole and in accordance with its fair meaning and not strictly for or against any partyParty. The parties Parties hereto acknowledge and agree that this Agreement has been prepared jointly by the parties Parties and has been the subject of arm’s length and careful negotiation over a considerable period of time, that each party Party has been given the opportunity to independently review this Agreement with legal counsel, and that each party Party has the requisite experience and sophistication to understand, interpret, and agree to the particular language of the provisions hereof. Accordingly, in the event of an ambiguity in or dispute regarding the interpretation of this Agreement, this Agreement shall not be interpreted or construed against the party preparing it, and instead other rules of interpretation and construction shall be utilized.
Appears in 1 contract
Samples: Owner Participation Agreement
Construction and Interpretation of Agreement. a. (a) The language in all parts of this Agreement shall in all cases be construed simply, as a whole and in accordance with its fair meaning and not strictly for or against any partyParty. The parties Parties hereto acknowledge and agree that this Agreement has been prepared jointly by the parties and has been the subject of arm’s arms’ length and careful negotiation over a considerable period of time, that each party Party has been given the opportunity to independently review this Agreement with legal counsel, and that each party Party has the requisite experience and sophistication to understand, interpret, interpret and agree to the particular language of the provisions hereof. Accordingly, in the event of an ambiguity in or dispute Dispute regarding the interpretation of this Agreement, this Agreement shall not be interpreted or construed against the party Party preparing it, and instead other rules of interpretation and construction shall be utilized.
Appears in 1 contract
Samples: Lease Agreement
Construction and Interpretation of Agreement. a. The language in all parts of this Agreement shall in all cases be construed simply, as a whole and in accordance with its fair meaning and not strictly for or against any party. The parties hereto acknowledge and agree that this Agreement has been prepared jointly by the parties and has been the subject of arm’s 's length and careful negotiation over a considerable period of time, that each party has been given the opportunity to independently review this Agreement with legal counsel, and that each party has the requisite experience and sophistication to understand, interpret, and agree to the particular language of the provisions hereof. Accordingly, in the event of an ambiguity in in, or dispute regarding the interpretation of this Agreement, this Agreement shall not be interpreted or construed against the party preparing it, and instead other rules of interpretation and construction shall be utilized.
Appears in 1 contract
Samples: Participation Agreement