Construction; Participation in Drafting. Each Party acknowledges that it and its Counsel have participated substantially in the drafting of this Agreement and agree that, accordingly, in the interpretation and construction of this Agreement, no ambiguity, real or apparent, in any provision hereof shall be construed against a Party by reason of the role of such Party or its Counsel in the drafting of such provision. In construing provisions of this Agreement the rule ejusdem generis shall not apply and the listing of items following the term “include” or “including,” whether or not qualified by phrases like “without limitation” or “but not limited to,” shall be regarded as illustrative and not exhaustive
Appears in 2 contracts
Samples: Agreement for Purchase and Sale (Capital Lodging), Joint Escrow Instructions (Marcus Corp)
Construction; Participation in Drafting. Each Party acknowledges that it and its Counsel have participated substantially in the drafting of this Agreement and agree that, accordingly, in the interpretation and construction of this Agreement, no ambiguity, real or apparent, in any provision hereof shall be construed against a Party by reason of the role of such Party or its Counsel in the drafting of such provision. In construing provisions of this Agreement the rule ejusdem generis shall not apply and the listing of items following the term “"include” " or “"including,” " whether or not qualified by phrases like “"without limitation” " or “"but not limited to,” " shall be regarded as illustrative and not exhaustive
Appears in 2 contracts
Samples: Agreement for Purchase and Sale (Capital Lodging), Domain Name Assignment Agreement (Capital Lodging)