Common use of Construction of Agreement Clause in Contracts

Construction of Agreement. The terms and provisions of this Agreement represent the results of negotiations between the Parties and their representatives, each of which has been represented by counsel of its own choosing, and neither of which has acted under duress or compulsion, whether legal, economic or otherwise. Accordingly, the terms and provisions of this Agreement shall be interpreted and construed in accordance with their usual and customary meanings, and each of the Parties hereto hereby waives the application in connection with the interpretation and construction of this Agreement of any rule of law to the effect that ambiguous or conflicting terms or provisions contained in this Agreement shall be interpreted or construed against the Party whose attorney prepared the executed draft or any earlier draft of this Agreement.

Construction of Agreement. The terms and provisions of this Agreement represent the results of negotiations between the Parties and their representatives, each of which has been represented by counsel of its own choosing, and neither of which has acted under duress or compulsion, whether legal, economic or otherwise. Accordingly, the terms and provisions of this Agreement shall will be interpreted and construed in accordance with their usual and customary meanings, and each of the Parties hereto hereby waives the application in connection with the interpretation and construction of this Agreement of any rule of law to the effect that ambiguous or conflicting terms or provisions contained in this Agreement shall will be interpreted or construed against the Party whose attorney prepared the executed draft or any earlier draft of this Agreement.

Construction of Agreement. The terms and provisions of this Agreement represent the results of negotiations between the Parties Buyer and their representativesSeller, each of which has been represented by counsel of its own choosing, and neither of which has acted under duress or compulsion, whether legal, economic or otherwise. Accordingly, the terms and provisions of this Agreement shall be interpreted and construed in accordance with their usual and customary meanings, and each of the Parties hereto Buyer and Seller hereby waives waive the application in connection with the interpretation and construction of this Agreement of any rule of law to the effect that ambiguous or conflicting terms or provisions contained in this Agreement shall be interpreted or construed against the Party whose attorney prepared the executed draft or any earlier draft of this Agreement.

Construction of Agreement. The terms and provisions of this Agreement represent the results of negotiations between the Parties Owner and their representativesOperator, each of which has been represented by counsel of its own choosing, and neither of which has acted under duress or compulsion, whether legal, economic or otherwise. Accordingly, the terms and provisions of this Agreement shall be interpreted and construed in accordance with their usual and customary meanings, and each of the Parties hereto Owner and Operator hereby waives waive the application in connection with the interpretation and construction of this Agreement of any rule of law to the effect that ambiguous or conflicting terms or provisions contained in this Agreement shall be interpreted or construed against the Party whose attorney prepared the executed draft or any earlier draft of this Agreement.

Construction of Agreement. The terms and provisions of this Agreement represent the results of negotiations between the Parties Purchaser and their representativesSeller, each of which has been represented by counsel of its own choosing, and neither of which has acted under duress or compulsion, whether legal, economic or otherwise. Accordingly, the terms and provisions of this Agreement shall be interpreted and construed in accordance with their usual and customary meanings, and each of the Parties hereto Purchaser and Seller hereby waives waive the application in connection with the interpretation and construction of this Agreement of any rule of law to the effect that ambiguous or conflicting terms or provisions contained in this Agreement shall be interpreted or construed against the Party whose attorney prepared the executed draft or any earlier draft of this Agreement.

Construction of Agreement. The terms and provisions of this Agreement represent the results of negotiations between the Parties and their representatives, each of which has been represented by counsel of its own choosing, and neither of which has acted under duress or compulsion, whether legal, economic or otherwise. Accordingly, the terms and provisions of this Agreement shall be interpreted and construed in accordance with their usual and customary meanings, and each of the Parties hereto hereby waives the application in connection with the interpretation and construction of this Agreement of any rule of law to the effect that ambiguous or conflicting terms or provisions contained in this Agreement shall be interpreted or construed against the Party whose attorney prepared the executed draft or any earlier draft of this Agreement. For clarity, the relevant applicable provisions of the JV Agreements shall not be construed under this paragraph.

Construction of Agreement. The terms and provisions of this Agreement represent the results of negotiations between Exide and the Parties and their representativesFrisco Parties, each of which has been represented by counsel of its own choosing, and neither of which has acted under duress or compulsion, whether legal, economic or otherwise. Accordingly, the terms and provisions of this Agreement shall be interpreted and construed in accordance with their usual and customary meanings, and each of Exide and the Frisco Parties hereto hereby waives waive the application in connection with the interpretation and construction of this Agreement of any rule of law to the effect that ambiguous or conflicting terms or provisions contained in this Agreement shall be interpreted or construed against the Party party whose attorney prepared the executed draft or any earlier draft of this Agreement.

Construction of Agreement. The terms and provisions of this Agreement represent the results of negotiations between the Parties Seller and their representativesPurchaser, each of which has been represented by counsel of its own choosing, and neither of which has acted under duress or compulsion, whether legal, economic or otherwise. Accordingly, the terms and provisions of this Agreement shall be interpreted and construed in accordance with their usual and customary meanings, and each of the Parties hereto Seller and Purchaser hereby waives waive the application in connection with the interpretation and construction of this Agreement of any rule of law to the effect that ambiguous or conflicting terms or provisions contained in this Agreement shall be interpreted or construed against the Party party whose attorney prepared the executed draft or any earlier draft of this Agreement.

Construction of Agreement. (a) The terms and provisions of this Agreement represent the results of negotiations between among the Parties and their representativesparties hereto, each of which has been represented by counsel of its own choosing, and neither none of which has acted under duress or compulsion, whether legal, economic or otherwise. Accordingly, the terms and provisions of this Agreement shall be interpreted and construed in accordance with their usual and customary meanings, and each of the Parties parties hereto hereby waives the application in connection with the interpretation and construction of this Agreement of any rule of law Law to the effect that ambiguous or conflicting terms or provisions contained in this Agreement shall be interpreted or construed against the Party party whose attorney prepared the executed draft or any earlier draft of this Agreement.

Construction of Agreement. The terms and provisions of this Agreement represent the results of negotiations between the Parties and their representatives, each of which has been represented by counsel of its own choosing, and neither of which has acted under duress or compulsion, whether legal, economic or otherwise. Accordingly, the terms and provisions of this Agreement shall be interpreted and construed in accordance with their usual and customary meanings, and each of the Parties hereto hereby waives the application in connection with the interpretation and construction of this Agreement of any rule of law to the effect that ambiguous or conflicting terms or provisions contained in this Agreement shall be interpreted or construed against the Party whose attorney prepared the executed draft or any earlier draft of this Agreement.

Construction of Agreement. The terms and provisions of this Agreement represent the results of negotiations between the Parties parties and their representatives, each of which has been represented by counsel of its own choosing, and neither of which has acted under duress or compulsion, whether legal, economic or otherwise. Accordingly, the terms and provisions of this Agreement shall be interpreted and construed in accordance with their usual and customary meanings, and each of the Parties parties hereto hereby waives the application in connection with the interpretation and construction of this Agreement of any rule of law to the effect that ambiguous or conflicting terms or provisions contained in this Agreement shall be interpreted or construed against the Party party whose attorney prepared the executed draft or any earlier draft of this Agreement.. [Signature Page Follows]

Construction of Agreement. The terms and provisions of this Agreement represent the results of negotiations between the Parties parties and their representativesRepresentatives, each of which has been represented by counsel of its own choosing, and neither of which has acted under duress or compulsion, whether legal, economic or otherwise. Accordingly, the terms and provisions of this Agreement shall be interpreted and construed in accordance with their usual and customary meanings, and each of the Parties parties hereto hereby waives the application in connection with the interpretation and construction of this Agreement of any rule of law to the effect that ambiguous or conflicting terms or provisions contained in this Agreement shall be interpreted or construed against the Party party whose attorney prepared the executed draft or any earlier draft of this Agreement.

Construction of Agreement. The terms and provisions of this Agreement represent the results of negotiations between the Parties parties hereto and their representativesRepresentatives, each of which has been represented by counsel of its own choosing, and neither of which has acted under 57 duress or compulsion, whether legal, economic or otherwise. Accordingly, the terms and provisions of this Agreement shall be interpreted and construed in accordance with their usual and customary meanings, and each of the Parties hereto ONSS and USXX hereby waives waive the application in connection with the interpretation and construction of this Agreement of any rule of law to the effect that ambiguous or conflicting terms or provisions contained in this Agreement shall be interpreted or construed against the Party party whose attorney prepared the executed draft or any earlier draft of this Agreement.

Construction of Agreement. The terms and provisions of this Agreement represent the results of negotiations between the Parties Buyer and their representativesSeller, each of which has been represented by counsel of its own choosing, and neither of which has acted under duress or nor compulsion, whether legal, economic or otherwise. Accordingly, the terms and provisions of this Agreement shall be interpreted and construed in accordance with their usual and customary meanings, and each of the Parties hereto Buyer and Seller hereby waives waive the application in connection with the interpretation and construction of this Agreement of any rule of law to the effect that ambiguous or conflicting terms or provisions contained in this Agreement shall be interpreted or construed against the Party party whose attorney prepared the executed draft or any earlier draft of this Agreement.

Construction of Agreement. The terms and provisions provi- --------------------------------------- sions of this Agreement represent the results of negotiations between the Parties parties hereto and their representativesRepresentatives, each of which has been represented by counsel of its own choosing, and neither of which has acted under duress or compulsion, whether legal, economic or otherwise. Accordingly, the terms and provisions provi- sions of this Agreement shall be interpreted and construed in accordance with their usual and customary meanings, and each of the Parties hereto FAL and SUG hereby waives waive the application in connection with the interpretation interpre- tation and construction of this Agreement of any rule of law to the effect that ambiguous or conflicting terms or provisions contained con- tained in this Agreement shall be interpreted or construed against the Party party whose attorney prepared the executed draft or any earlier draft of this Agreement.

Construction of Agreement. The terms and provisions of this Agreement represent the results of negotiations between the Parties and their representatives, each of which has been represented by counsel of its own choosing, and neither of which has acted under duress or compulsion, whether legal, economic or otherwise. Accordingly, the terms and provisions of this Agreement shall will be interpreted and construed in accordance with their usual and customary meanings, and each of the Parties hereto hereby waives the application in connection with the interpretation and construction of this Agreement of any rule of law Law to the effect that ambiguous or conflicting terms or provisions contained in this Agreement shall will be interpreted or construed against the Party whose attorney prepared the executed draft or any earlier draft of this Agreement.construed

Construction of Agreement. The terms and provisions of this Agreement represent the results of negotiations between the Parties and their representatives, each of which has been represented by counsel of its own choosing, and neither of which has acted under duress or compulsion, whether legal, economic or otherwise. Accordingly, the terms and provisions of this Agreement shall be interpreted and construed in accordance with their usual and customary meanings, and each of the Parties hereto hereby waives the application in connection with the interpretation and construction of this Agreement of any rule of law to the effect that ambiguous or conflicting terms or provisions contained in this Agreement shall be interpreted or construed against the Party whose attorney prepared the executed draft or any earlier draft of this Agreement. * Confidential treatment requested.

Construction of Agreement. The terms and provisions of this Agreement represent the results of negotiations between the Parties parties and their representatives, each of which has been represented by counsel of its own choosing, and neither of which has acted under duress or compulsion, whether legal, ,economic or otherwise. Accordingly, the terms and provisions of this Agreement shall be interpreted and construed in accordance with their usual and customary meanings, and each of the Parties parties hereto hereby waives the application in connection with the interpretation and construction of this Agreement of any rule of law to the effect that ambiguous or conflicting terms or provisions contained in this Agreement shall be interpreted or construed against the Party party whose attorney prepared the executed draft or any earlier draft of this Agreement.

Construction of Agreement. The terms and provisions of this Agreement represent the results of negotiations between the Parties parties hereto and their representativesRepresentatives, each of which has been represented by counsel of its own choosing, and neither of which has acted under duress or compulsion, whether legal, economic or otherwise. Accordingly, the terms and provisions of this Agreement shall be interpreted and construed in accordance with their usual and customary meanings, and each of the Parties hereto FAL and SUG hereby waives waive the application in connection with the interpretation and construction of this Agreement of any rule of law to the effect that ambiguous or conflicting terms or provisions contained in this Agreement shall be interpreted or construed against the Party party whose attorney prepared the executed draft or any earlier draft of this Agreement.

Construction of Agreement. The terms and provisions of this Agreement represent the results of negotiations between the Parties parties hereto and their representativesRepresentatives, each of which has been represented by counsel of its own choosing, and neither of which has acted under duress or compulsion, whether legal, economic or otherwise. Accordingly, the terms and provisions of this Agreement shall be interpreted and construed in accordance with their usual and customary meanings, and each of the Parties hereto ONSS and USXX hereby waives waive the application in connection with the interpretation and construction of this Agreement of any rule of law to the effect that ambiguous or conflicting terms or provisions contained in this Agreement shall be interpreted or construed against the Party party whose attorney prepared the executed draft or any earlier draft of this Agreement.

Construction of Agreement. The terms and provisions of this Agreement represent the results of negotiations between the Parties and their representatives, each of which has been represented by counsel of its own choosing, and neither of which has acted under 81 duress or compulsion, whether legal, economic or otherwise. Accordingly, the terms and provisions of this Agreement shall will be interpreted and construed in accordance with their usual and customary meanings, and each of the Parties hereto hereby waives the application in connection with the interpretation and construction of this Agreement of any rule of law to the effect that ambiguous or conflicting terms or provisions contained in this Agreement shall will be interpreted or construed against the Party whose attorney prepared the executed draft or any earlier draft of this Agreement.

Construction of Agreement. The terms and provisions of this Agreement ------------------------- represent the results of negotiations between the Parties Seller, Parent and their representativesPurchaser, each of which has been represented by counsel of its own choosing, and neither of which has acted under duress or compulsion, whether legal, economic or otherwise. Accordingly, the terms and provisions of this Agreement shall be interpreted and construed in accordance with their usual and customary meanings, and each of the Parties hereto Seller, Parent and Purchaser hereby waives waive the application in connection with the interpretation and construction of this Agreement of any rule of law to the effect that ambiguous or conflicting terms or provisions contained in this Agreement shall be interpreted or construed against the Party party whose attorney prepared the executed draft or any earlier draft of this Agreement.

Construction of Agreement. The terms and provisions provi- --------------------------------------- sions of this Agreement represent the results of negotiations between the Parties PNT and their representativesSUG, each of which has been represented by counsel of its own choosing, and neither of which has acted under duress or compulsion, whether legal, economic or otherwise. Accordingly, the terms and provisions of this Agreement shall be interpreted and construed in accordance with their usual and customary meanings, and each of the Parties hereto PNT and SUG hereby waives waive the application in connection with the interpretation and construction of this Agreement of any rule of law to the effect that ambiguous or conflicting con- flicting terms or provisions contained in this Agreement shall be interpreted or construed against the Party party whose attorney prepared pre- pared the executed draft or any earlier draft of this Agreement.