Common use of Construction and Interpretation of Contract Documents Clause in Contracts

Construction and Interpretation of Contract Documents. 2 1.3.1 Interpretation 3 The language in all parts of the Contract Documents shall in all cases be 4 construed simply, as a whole and in accordance with its fair meaning and not strictly for 5 or against any Party. The Parties acknowledge and agree that the Contract Documents 6 are the product of an extensive and thorough, arm’s length exchange of ideas, 7 questions, answers, information and drafts during the Proposal preparation process, 8 that each Party has been given the opportunity to independently review the Contract 9 Documents with legal counsel, and that each Party has the requisite experience and 10 sophistication to negotiate, understand, interpret and agree to the particular language of 11 the provisions of the Contract Documents. Accordingly, in the event of an ambiguity in 12 or Dispute regarding the interpretation of the Contract Documents, the Contract 13 Documents shall not be interpreted or construed against the Party preparing it, and 14 instead other rules of interpretation and construction shall be utilized. ADOT’s final 15 answers to the questions posed during the Proposal preparation process for this 16 Agreement shall in no event be deemed part of the Contract Documents and shall not 17 be relevant in interpreting the Contract Documents except as they may clarify provisions 18 otherwise considered ambiguous.