Construction. The Parties have participated jointly in the negotiation and drafting of this Agreement. In the event an ambiguity or question of intent or interpretation arises, this Agreement shall be construed as if drafted jointly by the Parties and no presumption or burden of proof shall arise favoring or disfavoring any Party by virtue of the authorship of any of the provisions of this Agreement.
Appears in 170 contracts
Samples: Merger Agreement (Flag Ship Acquisition Corp), Purchase and Sale Agreement (Delek Logistics Partners, LP), Purchase and Sale Agreement (Coherus BioSciences, Inc.)
Construction. The Parties parties have participated jointly in the negotiation and drafting of this Agreement. In the event an ambiguity or question of intent or interpretation arises, this Agreement shall be construed as if drafted jointly by the Parties parties and no presumption or burden of proof shall arise favoring or disfavoring any Party party by virtue of the authorship of any of the provisions of this Agreement.
Appears in 80 contracts
Samples: Stock Purchase Agreement (James River Group Holdings, Ltd.), Stock Purchase Agreement, Exclusivity and Expense Reimbursement Agreement
Construction. The Parties have Each of the parties has participated jointly in the drafting and negotiation and drafting of this Agreement. In the event If an ambiguity or question of intent or interpretation arises, this Agreement shall must be construed as if it is drafted jointly by all the Parties parties and no presumption or burden of proof shall arise favoring or disfavoring any Party party by virtue of the authorship of any of the provisions of this Agreement.
Appears in 64 contracts
Samples: Subscription Agreement (Sun Qifeng), Subscription Agreement (Kong Jianping), Subscription Agreement (Sun Qifeng)
Construction. The Parties parties have participated jointly in the negotiation and drafting of this Agreement. In the event an ambiguity or question of intent or interpretation arisesarises with respect to this Agreement, this Agreement shall be construed as if drafted jointly by the Parties parties and in accordance with its fair meaning. There shall be no presumption or burden of proof shall arise favoring or disfavoring any Party party by virtue of the authorship of any of the provisions of this Agreement.
Appears in 63 contracts
Samples: Professional Services, Professional Services, Professional Services
Construction. The Parties parties have participated jointly in the negotiation and drafting of this Agreement. In , and, in the event an ambiguity or question of intent or interpretation arises, this Agreement shall will be construed as if drafted jointly by the Parties parties, and no presumption or burden of proof shall will arise favoring or disfavoring any Party party by virtue of the authorship of any of the provisions of this Agreement.
Appears in 39 contracts
Samples: Securities Purchase Agreement (Smart for Life, Inc.), Securities Purchase Agreement (Smart for Life, Inc.), Securities Purchase Agreement (Smart for Life, Inc.)
Construction. The Parties have participated jointly in the negotiation and drafting of this Agreement. In the event an ambiguity or question of intent or interpretation arises, this Agreement shall will be construed as if drafted jointly by the Parties and no presumption or burden of proof shall will arise favoring or disfavoring any Party by virtue of the authorship of any of the provisions of this Agreement.
Appears in 33 contracts
Samples: Business Combination Agreement (Squirrel Enlivened International Co., LTD), Stock Purchase Agreement (Simulations Plus, Inc.), Stock Purchase Agreement (Akerna Corp.)
Construction. The Parties have participated jointly in the negotiation and drafting of this Agreement. In the event an ambiguity or question of intent or interpretation arises, this Agreement shall be construed as if drafted jointly by the Parties and no presumption or burden of proof shall arise favoring or disfavoring any either Party by virtue of the authorship of any of the provisions of this Agreement.
Appears in 29 contracts
Samples: Master Transportation Services Agreement, Master Terminal Services Agreement, Contribution, Conveyance and Assumption Agreement (Phillips 66 Partners Lp)
Construction. The Parties parties have participated jointly in the negotiation and drafting of this Agreement. In the event that an ambiguity or question of intent or interpretation arises, this Agreement shall be construed as if drafted jointly by the Parties parties, and no presumption or burden of proof shall arise favoring or disfavoring any Party party by virtue of the authorship of any of the provisions of this Agreement.
Appears in 29 contracts
Samples: Subscription Agreement (Moscow Cablecom Corp), Registration Rights Agreement (Moscow Telecommunications Corp), Series B Convertible Preferred Stock Subscription Agreement (Moscow Cablecom Corp)
Construction. The Parties have participated jointly in the negotiation and drafting of this Agreement. In the event an ambiguity or question of intent or interpretation arises, this Agreement shall be construed as if drafted jointly by the Parties and no presumption or burden of proof shall arise favoring or disfavoring any Party by virtue of the authorship of any of the provisions of this Agreement. Any reference to any federal, state, local, or foreign statute or law shall be deemed also to refer to all rules and regulations promulgated thereunder, unless the context requires otherwise.
Appears in 28 contracts
Samples: Asset Acquisition Agreement (Tactical Services Inc), Employment Agreement (BGS Acquisition Subsidiary, Inc.), Compensation Sharing Agreement (Digital Caddies, Inc.)
Construction. The Each of the Parties have has participated jointly in the drafting and negotiation and drafting of this Agreement. In the event If an ambiguity or question of intent or interpretation arises, this Agreement shall must be construed as if it is drafted jointly by all the Parties Parties, and no presumption or burden of proof shall arise favoring or disfavoring any Party by virtue of the authorship of any of the provisions of this Agreement.
Appears in 27 contracts
Samples: Merger Agreement (Allete Inc), Merger Agreement (Allete Inc), Merger Agreement (W R Grace & Co)
Construction. The Parties parties have participated jointly in the negotiation negotiations and drafting of this Agreement. In Agreement and in the event an of any ambiguity or question of intent or interpretation arisesinterpretation, this Agreement shall be construed as if drafted jointly by the Parties and no presumption or burden of proof shall arise favoring or disfavoring any Party party by virtue of the authorship of any of the provisions of this Agreement.
Appears in 26 contracts
Samples: Merger Agreement (Zynerba Pharmeceuticals, Inc.), Merger Agreement (Zynerba Pharmeceuticals, Inc.), Merger Agreement (Acorda Therapeutics Inc)
Construction. The Parties have participated jointly in the negotiation and drafting of this Agreement. In the event an ambiguity or question of intent or interpretation arises, this Agreement shall be construed as if drafted jointly by the Parties and no presumption or burden of proof shall arise favoring or disfavoring any Party by virtue of the authorship of any of the provisions of this Agreement.
Appears in 25 contracts
Samples: Tax Sharing Agreement (Covisint Corp), Master Separation Agreement (Covisint Corp), Registration Rights Agreement (Covisint Corp)
Construction. The Parties have participated jointly in the negotiation and drafting of this Agreement. In the event of an ambiguity or question of intent or interpretation arises, this Agreement shall will be construed as if drafted jointly by the Parties parties and no presumption or burden of proof shall will arise favoring or disfavoring any Party party by virtue of the authorship of any of the provisions of this Agreement.
Appears in 24 contracts
Samples: Securities Exchange Agreement (Inspired Builders, Inc.), Merger Agreement (Neah Power Systems, Inc.), Merger Agreement (Mobilepro Corp)
Construction. The Parties have participated jointly in the negotiation and drafting of this Agreement. In the event an ambiguity or question of or intent or interpretation arises, this Agreement shall be construed as if drafted jointly by the Parties parties hereto and no presumption or burden of proof shall arise favoring or disfavoring any Party party hereto by virtue of the authorship of any of the provisions of this Agreement.
Appears in 22 contracts
Samples: Employment & Human Resources (Powersecure International, Inc.), Employment and Non Competition Agreement (Metretek Technologies Inc), Employment Agreement (Metretek Technologies Inc)
Construction. The Parties parties hereto have participated jointly in the negotiation and drafting of this Agreement. In the event an that any ambiguity or question of intent or interpretation arises, this Agreement shall be construed as if drafted jointly by the Parties parties hereto and no presumption or burden of proof shall arise favoring or disfavoring any Party party hereto by virtue of the authorship of any of the provisions of this Agreement.
Appears in 19 contracts
Samples: Asset Purchase Agreement (Avado Brands Inc), Asset Purchase Agreement (Avado Brands Inc), Asset Purchase Agreement (Avado Brands Inc)
Construction. The Parties parties have participated jointly in the negotiation and drafting of this Agreement. In the event an ambiguity or question of intent or interpretation arises, this Agreement shall will be construed as if drafted jointly by the Parties parties and no presumption or burden of proof shall will arise favoring or disfavoring any Party party by virtue of the authorship of any of the provisions of this Agreement.
Appears in 17 contracts
Samples: Consulting Agreement (Leisure Acquisition Corp.), Consulting Agreement (Leisure Acquisition Corp.), Consulting Agreement (Leisure Acquisition Corp.)
Construction. The Parties have participated jointly in the negotiation and drafting of this Agreement. In the event an ambiguity or question of intent or interpretation arises, this Agreement shall be construed as if drafted jointly by the Parties and no presumption or burden of proof shall arise favoring or disfavoring any a Party by virtue of the authorship of any of the provisions of this Agreement.
Appears in 17 contracts
Samples: Services and Secondment Agreement (Holly Energy Partners Lp), Operational Services Agreement (Phillips 66 Partners Lp), Contribution, Conveyance and Assumption Agreement (Phillips 66 Partners Lp)
Construction. The Parties have participated jointly in the negotiation and drafting of this Agreement. In the event an ambiguity or question of intent or interpretation arises, this Agreement shall be construed as if drafted jointly by the Parties and no presumption or burden of proof shall arise favoring or disfavoring any Party by virtue of the authorship of any of the provisions of this Agreement. Any reference to any Law shall be deemed also to refer to all rules and regulations promulgated thereunder, unless the context requires otherwise. The word “including” shall mean including without limitation.
Appears in 16 contracts
Samples: Unit Purchase Agreement (Orgenesis Inc.), Stock Purchase Agreement (Kingsway Financial Services Inc), Agreement and Plan of Merger (Livongo Health, Inc.)
Construction. The Parties parties hereto have participated jointly in the negotiation and drafting of this Agreement. In the event an ambiguity or question of intent or interpretation arises, this Agreement shall be construed as if drafted jointly by the Parties parties hereto and no presumption or burden of proof shall arise favoring or disfavoring any Party party hereto by virtue of the authorship of any of the provisions of this Agreement.
Appears in 15 contracts
Samples: Stock Purchase Agreement (Telvent Git S A), Registration Rights Agreement (Mail Com Inc), Modification Agreement (Easylink Services Corp)
Construction. The Parties have participated jointly in the negotiation and drafting of this Agreement. In the event that an ambiguity or question of intent or interpretation arises, this Agreement shall be construed as if drafted jointly by the Parties Parties, and no presumption or burden of proof shall arise favoring or disfavoring any Party by virtue of the authorship of any of the provisions of this Agreement.
Appears in 15 contracts
Samples: Stock Exchange Agreement, Professional Services, Professional Services
Construction. The Parties parties have participated jointly in the drafting of this Agreement, and each party was represented by counsel in the negotiation and drafting of this Agreement. In the event an ambiguity or question of intent or interpretation arises, this Agreement shall be construed as if drafted jointly by the Parties parties and no presumption or burden of proof shall arise favoring or disfavoring any Party party by virtue of the authorship of any of the provisions of this Agreement.
Appears in 15 contracts
Samples: Transition Services Agreement (Signature Office Reit Inc), Asset Purchase Agreement (American Realty Capital Properties, Inc.), Transition Services Agreement (Wells Core Office Income Reit Inc)
Construction. The Parties parties hereto have participated jointly in the negotiation and drafting of this Agreement. In the event an ambiguity or question of intent or interpretation arises, this Agreement shall be construed as if drafted jointly by the Parties parties hereto, and no presumption or burden of proof shall arise favoring or disfavoring any Party party by virtue of the authorship of any of the provisions of this Agreement.
Appears in 13 contracts
Samples: Securityholders Agreement (Hornbeck Offshore Services Inc /La), Securityholders Agreement (Hornbeck Offshore Services Inc /La), Employment Agreement (Orchestra BioMed Holdings, Inc.)
Construction. The Parties parties hereto have participated jointly in the negotiation and drafting of this Agreement. In Agreement and, in the event an ambiguity or question of intent or interpretation arises, this Agreement shall be construed as if jointly drafted jointly by the Parties parties hereto and no presumption or burden of proof shall arise favoring or disfavoring any Party party by virtue of the authorship of any of the provisions provision of this Agreement.
Appears in 13 contracts
Samples: Membership Interest Purchase Agreement (Telos Corp), Employment Agreement (Neiman Marcus Group LTD LLC), Employment Agreement (Neiman Marcus Group LTD LLC)
Construction. The Parties parties hereto have participated jointly in the negotiation and drafting of this Agreement. In the event an ambiguity or question of intent or interpretation arises, this Agreement shall be construed as if drafted jointly by the Parties parties hereto, and no presumption or burden of proof shall arise favoring or disfavoring any Party party hereto by virtue of the authorship of any of the provisions of this Agreement.
Appears in 11 contracts
Samples: Employment Agreement (Cathay General Bancorp), Employment Agreement (Cathay General Bancorp), Voting Agreement (Ally Financial Inc.)
Construction. The Each of the Parties have has participated jointly in the drafting and negotiation and drafting of this Agreement. In the event If an ambiguity or question of intent or interpretation arises, this Agreement shall must be construed as if it is drafted jointly by all the Parties and no presumption or burden of proof shall arise favoring or disfavoring any Party by virtue of the authorship of any of the provisions of this Agreement.
Appears in 11 contracts
Samples: Registration Rights Agreement (Ho Chi Sing), Registration Rights Agreement (Ho Chi Sing), Registration Rights Agreement (Ho Chi Sing)
Construction. The Parties parties have participated jointly in the negotiation and drafting of this Agreement. In the event an ambiguity or question of intent or interpretation arises, this the Agreement shall be construed as if drafted jointly by the Parties parties and no presumption or burden of proof shall arise favoring or disfavoring any Party party by virtue of the authorship of any of the provisions of this Agreement.
Appears in 10 contracts
Samples: Sensor Technology License Agreement (Vivakor, Inc.), Intellectual Property License Agreement (Vivakor, Inc.), Intellectual Property License Agreement (Vivakor, Inc.)
Construction. The Parties parties have participated jointly in the negotiation and drafting of this AgreementAgreement and have had an adequate opportunity to review each and every provision of the Agreement and submit the same to counsel or other consultants for review and comment. In the event an ambiguity or question of intent or interpretation arisesarises with respect to this Agreement, this Agreement shall be construed as if drafted jointly by the Parties parties and in accordance with its fair meaning. There shall be no presumption or burden of proof shall arise favoring or disfavoring any Party party by virtue of the authorship of any of the provisions of this Agreement.
Appears in 10 contracts
Samples: Economic Development Agreement, Maintenance Services Agreement, Professional Services
Construction. The Parties parties have participated jointly in the negotiation and drafting of this Agreement. In the event an ambiguity or question of intent or interpretation arises, this Agreement shall be construed as if drafted jointly by the Parties parties and no presumption or of burden of proof shall arise favoring or disfavoring any Party party by virtue of the authorship of any of the provisions of this Agreement.
Appears in 10 contracts
Samples: Stock Purchase Agreement (Enernoc Inc), Merger Agreement (Enernoc Inc), Stock Purchase Agreement (Enernoc Inc)
Construction. The Parties agree and acknowledge that they have jointly participated jointly in the negotiation and drafting of this Agreement. In the event of an ambiguity or question of intent or interpretation arises, this Agreement shall be construed as if drafted jointly by the Parties and no presumption presumptions or burden burdens of proof shall arise favoring or disfavoring any Party by virtue of the authorship of any of the provisions of this Agreement. Any reference to any federal, state, local, or foreign statute or Law shall be deemed also to refer to all rules and regulations promulgated thereunder, unless the context requires otherwise.
Appears in 10 contracts
Samples: Merger Agreement (RumbleON, Inc.), Membership Interest Purchase Agreement (RumbleON, Inc.), Stock Purchase Agreement (Fresh Del Monte Produce Inc)
Construction. The Parties parties have participated jointly in the negotiation and drafting of this Agreement. In the event If an ambiguity or question of intent or interpretation arises, this Agreement shall will be construed as if drafted jointly by the Parties parties and no presumption or burden of proof shall will arise favoring or disfavoring any Party by virtue party because of the authorship of any of the provisions provision of this Agreement.
Appears in 10 contracts
Samples: Merger Agreement (Vertical Health Solutions Inc), Stock Purchase Agreement (Red Carpet Entertainment Inc), Merger Agreement (Robcor Properties Inc)
Construction. The Parties parties have participated jointly in the negotiation and drafting of this Agreement. In the event an ambiguity or question of intent or interpretation arises, this Agreement shall be construed as if drafted jointly by the Parties parties and no presumption or burden of proof shall arise favoring or disfavoring any Party party by virtue of the authorship of any of the provisions provision of this Agreement.
Appears in 9 contracts
Samples: Merger Agreement (Laureate Education, Inc.), Amendment and Consent Agreement (Telecommunication Systems Inc /Fa/), Asset Purchase Agreement (Hanover Capital Mortgage Holdings Inc)
Construction. The Parties have participated jointly in This Agreement has been freely and fairly negotiated among the negotiation and drafting of this AgreementParties. In the event If an ambiguity or question of intent or interpretation arises, this Agreement shall will be construed as if drafted jointly by the Parties and no presumption or burden of proof shall will arise favoring or disfavoring any Party by virtue because of the authorship of any of the provisions provision of this Agreement.
Appears in 9 contracts
Samples: Contribution Agreement (Mammoth Energy Services, Inc.), Contribution Agreement (Mammoth Energy Services, Inc.), Contribution Agreement (Mammoth Energy Services, Inc.)
Construction. The Parties have Each Party has participated jointly in the drafting and negotiation and drafting of this Agreement. In the event If an ambiguity or question of intent or interpretation arises, this Agreement shall must be construed as if it is drafted jointly by all the Parties Parties, and no presumption or burden of proof shall arise favoring or disfavoring any Party by virtue of the authorship of any of the provisions of this Agreement.
Appears in 9 contracts
Samples: Tender and Support Agreement (Hatch Brenton W), Merger Agreement (Mikros Systems Corp), Stock Purchase Agreement (Tivity Health, Inc.)
Construction. The Parties parties hereto have participated jointly in the negotiation and drafting of this Agreement. In the event an ambiguity or question of intent or interpretation arises, this Agreement shall be construed as if drafted jointly by the Parties parties and no presumption or burden of proof shall arise favoring or disfavoring any Party party by virtue of the authorship of any of the provisions of this Agreement.
Appears in 9 contracts
Samples: Employment Agreement (Bion Environmental Technologies Inc), Debt Exchange Agreement, Placement Agency Agreement (Wireless Ronin Technologies Inc)
Construction. The Parties have participated jointly in the negotiation negotiations and drafting of this Agreement. In Agreement and in the event an of any ambiguity or question of intent or interpretation arisesinterpretation, this Agreement shall be construed as if drafted jointly by the Parties and no presumption or burden of proof shall arise favoring or disfavoring any Party by virtue of the authorship of any of the provisions of this Agreement.
Appears in 9 contracts
Samples: Asset Purchase Agreement (On Track Innovations LTD), Asset Purchase Agreement (SuperCom LTD), Settlement and Release Agreement and Amendment to Employment Agreement (Perma Fix Environmental Services Inc)
Construction. The Parties agree and acknowledge that they have jointly participated jointly in the negotiation and drafting of this Agreement. In the event of an ambiguity or question of intent or interpretation arises, this Agreement shall be construed as if drafted jointly by the Parties and no presumption presumptions or burden burdens of proof shall arise favoring or disfavoring any Party by virtue of the authorship of any of the provisions of this Agreement.
Appears in 9 contracts
Samples: Purchase Agreement (Lowell Farms Inc.), Asset Purchase Agreement (Lowell Farms Inc.), Intellectual Property Sale and Purchase Agreement (Luckwel Pharmaceuticals Inc.)
Construction. The Parties have participated jointly in the negotiation and drafting of this Agreement. In the event an ambiguity or question of intent or interpretation arises, this Agreement shall be construed as if drafted jointly by the Parties Parties, and no presumption or burden of proof shall arise favoring or disfavoring any Party by virtue of the authorship of any of the provisions of this Agreement.
Appears in 8 contracts
Samples: Asset Purchase Agreement (Centerpoint Energy Resources Corp), Asset Purchase Agreement (Alkami Technology, Inc.), Purchase and Sale Agreement (Consolidated Edison Inc)
Construction. The Parties have participated jointly in This Agreement has been freely and fairly negotiated among the negotiation and drafting of this Agreementparties. In the event If an ambiguity or question of intent or interpretation arises, this Agreement shall will be construed as if drafted jointly by the Parties parties and no presumption or burden of proof shall will arise favoring or disfavoring any Party by virtue party because of the authorship of any of the provisions provision of this Agreement.
Appears in 8 contracts
Samples: Lock Up and Leak Out Agreement (VDA GROUP S.p.A.), Shareholder Agreement (Ideanomics, Inc.), Shareholders Agreement (Wu Bruno Zheng)
Construction. The Parties have participated jointly in the negotiation and drafting of this Agreement. In the event of an ambiguity or question of intent or interpretation arises, this Agreement shall will be construed as if drafted jointly by the Parties and no presumption or burden of proof shall will arise favoring or disfavoring any Party by virtue of the authorship of any of the provisions provision of this Agreement.
Appears in 8 contracts
Samples: Share Purchase Agreement (Spectrum Global Solutions, Inc.), Share Purchase Agreement (Spectrum Global Solutions, Inc.), Merger Agreement (Motif Bio PLC)
Construction. The Parties parties have participated jointly jointly, with counsel of their own choosing, in the negotiation and drafting of this Agreement. In the event If an ambiguity or question of intent or interpretation arises, this Agreement shall will be construed as if drafted jointly by the Parties parties and no presumption or burden of proof shall will arise favoring or disfavoring any Party by virtue party because of the authorship of any of the provisions provision of this Agreement.
Appears in 8 contracts
Samples: Executive Employment Agreement (Histogen Inc.), Executive Employment Agreement (Histogen Inc.), Executive Employment Agreement (Histogen Inc.)
Construction. The Parties have participated jointly in the negotiation and drafting of this Agreement. In the event that an ambiguity or question of intent or interpretation arises, this Agreement shall be construed as if drafted jointly by the Parties Parties, and no presumption or burden of proof shall arise favoring or disfavoring any Party by virtue of the authorship of any of the provisions of this Agreement.; and
Appears in 8 contracts
Samples: Stock Subscription Agreement, Stock Subscription Agreement (Andersen Group Inc), Stock Subscription Agreement (Moscow Telecommunications Corp)
Construction. The Parties have Each of the parties has participated jointly in the drafting and negotiation and drafting of this Agreement. In the event If an ambiguity or question of intent or interpretation arises, this Agreement shall must be construed as if it is drafted jointly by all the Parties parties, and no presumption or burden of proof shall arise favoring or disfavoring any Party party by virtue of the authorship of any of the provisions of this Agreement.
Appears in 8 contracts
Samples: Merger Agreement (Fitlife Brands, Inc.), Merger Agreement (iSatori, Inc.), Merger Agreement (Hawaiian Electric Co Inc)
Construction. The Parties have participated jointly in the negotiation and drafting of this Agreement. In the event an ambiguity or question of intent or interpretation arises, this Agreement shall be construed as if drafted jointly by the Parties and no presumption or burden of proof shall arise favoring or disfavoring any Party by virtue of the authorship of any of the provisions of this Agreement. Any reference to any federal, state, local, or foreign statute or law shall be deemed also to refer to all rules and regulations promulgated thereunder, unless the context otherwise requires.
Appears in 8 contracts
Samples: Investor Rights Agreement (New Frontier Energy Inc), Agreement & Plan of Exchange (Apache Motor Corp), Merger Agreement (Dollar Maker Inc)
Construction. The Parties Each of the parties hereto have participated jointly in the negotiation and drafting of this Agreement. In Agreement and, in the event an ambiguity or question of intent or interpretation arises, this Agreement shall be construed as if jointly drafted jointly by the Parties parties hereto and no presumption or burden of proof shall arise favoring or disfavoring any Party party by virtue of the authorship of any of the provisions provision of this Agreement.
Appears in 7 contracts
Samples: Merger Agreement (Dominion Resources Inc /Va/), Merger Agreement (Questar Corp), Merger Agreement (Duke Energy CORP)
Construction. The Parties have participated jointly in the negotiation and drafting of this Agreement. In the event an ambiguity or If a question of intent or interpretation arises, this Agreement shall will be construed as if drafted jointly by the Parties and no presumption or burden of proof shall will arise favoring or disfavoring any Party by virtue a party because of the authorship of any of the provisions provision of this Agreement.
Appears in 7 contracts
Samples: Development and License Agreement (Metabasis Therapeutics Inc), License Agreement (Ribapharm Inc), Development and License Agreement (Ribapharm Inc)
Construction. The Parties parties have participated jointly mutually in the negotiation and drafting of this Agreement. In the event an ambiguity or question of intent or interpretation arises, this Agreement shall be construed as if drafted jointly mutually by the Parties parties and no presumption or burden of proof shall arise favoring or disfavoring any Party party by virtue of the authorship of any of the provisions of this Agreement.
Appears in 7 contracts
Samples: License and Commercialization Agreement (Alr Technologies Inc), License and Commercialization Agreement (Alr Technologies Inc), License Agreement (Ephone Telecom Inc)
Construction. The Parties have participated jointly in the negotiation and drafting of this Agreement. In the event an ambiguity or question of intent or interpretation arises, this Agreement shall be construed as if drafted jointly by the Parties and no presumption or burden of proof shall arise favoring or disfavoring any Party by virtue of the authorship of any of the provisions of this Agreement.the
Appears in 7 contracts
Samples: Securities Purchase Agreement (Rackable Systems, Inc.), Securities Purchase Agreement (Rackable Systems, Inc.), Securities Purchase Agreement (Rackable Systems, Inc.)
Construction. The Parties have participated jointly in the negotiation and drafting of this Agreement. In the event that an ambiguity or question of intent or interpretation arises, this Agreement shall be construed as if drafted jointly by the Parties and no presumption or burden of proof shall arise favoring or disfavoring any either Party by virtue of the authorship of any of the provisions of this Agreement.
Appears in 7 contracts
Samples: Am Product Foundry Agreement (Spansion Inc.), Product Distribution Agreement (Spansion Inc.), Am Product Sort Services Agreement (Spansion Inc.)
Construction. The Parties have participated jointly in the negotiation and drafting preparation of this Agreement. In the event an ambiguity or question of intent or interpretation arises, this Agreement shall be construed as if drafted jointly by the Parties and no presumption or burden of proof shall arise favoring or disfavoring any Party by virtue of the authorship of any of the provisions of this Agreement.
Appears in 7 contracts
Samples: Collaboration Agreement (Pdi Inc), Collaboration Agreement (Pdi Inc), Credit Agreement (SWK Holdings Corp)
Construction. The Parties have each participated jointly in the negotiation and drafting of this Agreement. In the event an ambiguity or question of intent or interpretation arises, this Agreement shall be construed as if drafted jointly by the Parties Parties, and no presumption or burden of proof shall arise favoring or disfavoring any Party party by virtue of the authorship of any of the provisions of this Agreement.
Appears in 7 contracts
Samples: Subscription Agreement, Stock Purchase Agreement (Token Communities Ltd.), Limited Liability Company Interest Purchase Agreement
Construction. The Parties parties have participated jointly in the negotiation and drafting of this Agreement. In Agreement and in the event an of any ambiguity or question of intent or interpretation arisesinterpretation, this Agreement shall be construed as if drafted jointly by the Parties and no presumption or burden of proof shall arise favoring or disfavoring any Party party by virtue of the authorship of any of the provisions of this Agreement.
Appears in 7 contracts
Samples: Asset Purchase Agreement, Asset Purchase Agreement, Share Purchase Agreement (Quanterix Corp)
Construction. The Parties have participated jointly in the negotiation negotiating and drafting of this Agreement. In the event an ambiguity If any ambiguity, question of intent, or question of intent or interpretation arisesarises with respect to this Agreement, then this Agreement shall will be construed as if drafted jointly by the Parties Parties, and no presumption or burden of proof shall will arise favoring or disfavoring any Party by virtue of the authorship of any of the provisions of this Agreement. As used in this Agreement, the word “including” means “including, without limitation.”
Appears in 7 contracts
Samples: Registration Rights Agreement (PACS Group, Inc.), Registration Rights Agreement (PACS Group, Inc.), Investors’ Rights Agreement (Inari Medical, Inc.)
Construction. The Parties parties have participated jointly in the negotiation negotiating and drafting of this Agreement. In the event that an ambiguity or a question of intent or interpretation arises, this Agreement shall be construed as if drafted jointly by the Parties parties, and no presumption or burden of proof shall arise favoring or disfavoring any Party party by virtue of the authorship of any of the provisions provision of this Agreement.
Appears in 6 contracts
Samples: Merger Agreement (Primoris Services Corp), Merger Agreement (Willbros Group, Inc.\NEW\), Merger Agreement (Gold Party Payday Inc)
Construction. The Parties have participated jointly in the negotiation and drafting of this Agreement. In the event an any ambiguity or question of intent or interpretation arises, this Agreement shall be construed as if drafted jointly by the Parties and no presumption or burden of proof shall arise favoring or disfavoring any Party by virtue of the authorship of any of the provisions of this Agreement.
Appears in 6 contracts
Samples: License Agreement, Patent License Agreement, Wafer Purchase and Sale Agreement (SunEdison Semiconductor Pte. Ltd.)
Construction. The Parties have participated jointly in the negotiation and drafting of this Agreement. In the event an ambiguity or question of intent or interpretation arises, this Agreement shall be construed as if drafted jointly by the Parties and no presumption or burden of proof shall arise favoring or disfavoring any Party by virtue of the authorship of any of the provisions of this Agreement.. Any reference to any federal, state, local, or foreign statute or law shall be deemed also to refer to all rules and regulations
Appears in 6 contracts
Samples: Stock Purchase Agreement (Us Legal Support Inc), Stock Purchase Agreement (Us Legal Support Inc), Merger Agreement (Specialty Care Network Inc)
Construction. The Parties parties have participated jointly in the negotiation and drafting of this Agreement. In the event an ambiguity or question of intent or interpretation arises, this Agreement shall will be construed as if drafted jointly by the Parties parties and no presumption or burden of proof shall will arise favoring or disfavoring any Party a party by virtue of the authorship of any of the provisions of this Agreement.
Appears in 6 contracts
Samples: Merger Agreement (First Commonwealth Financial Corp /Pa/), Agreement and Plan of Merger (First Commonwealth Financial Corp /Pa/), Merger Agreement (United States Exploration Inc)
Construction. The Parties have participated jointly in the negotiation and drafting of this Agreement. In the event an ambiguity or question of intent or interpretation arises, this Agreement shall be construed as if drafted jointly by the Parties and no presumption or burden of proof shall arise favoring or disfavoring any Party by virtue of the authorship of any of the provisions of this Agreement.of
Appears in 6 contracts
Samples: Merger Agreement (NTR PLC), Purchase Agreement (Celanese CORP), Merger Agreement (American Spectrum Realty Inc)
Construction. The Parties parties have participated jointly in the ------------ negotiation and drafting of this Agreement. In the event that an ambiguity or question of intent or interpretation arises, this Agreement shall be construed as if drafted jointly by the Parties parties, and no presumption or burden of proof shall arise favoring or disfavoring any Party party by virtue of the authorship of any of the provisions of this Agreement.
Appears in 6 contracts
Samples: Voting Agreement (Columbus Nova Investments VIII LTD), Voting Agreement (Columbus Nova Investments VIII LTD), Registration Rights Agreement (Columbus Nova Investments VIII LTD)
Construction. The Parties have participated jointly in the negotiation negotiating and drafting of this Agreement. In the event an ambiguity If any ambiguity, question of intent, or question of intent or interpretation arisesarises with respect to this Agreement, then this Agreement shall will be construed as if drafted jointly by the Parties Parties, and no presumption or burden of proof shall will arise favoring or disfavoring any Party by virtue of the authorship of any of the provisions of this Agreement.
Appears in 6 contracts
Samples: Voting Agreement and Irrevocable Proxy (Capsource Financial Inc), Voting Agreement and Irrevocable Proxy (Capsource Financial Inc), Voting Agreement and Irrevocable Proxy (Capsource Financial Inc)
Construction. The Parties parties have participated jointly in the negotiation and drafting of this Agreement. In the event an ambiguity or question of intent or interpretation arises, this Agreement shall be construed as if drafted jointly by the Parties parties, and no presumption or burden of proof shall arise favoring or disfavoring any Party party by virtue of the authorship of any of the provisions provision of this Agreement.
Appears in 6 contracts
Samples: Stock Purchase Agreement (Ameron International Corp), Asset Purchase Agreement (Forward Air Corp), Asset Purchase Agreement (Integral Systems Inc /Md/)
Construction. The Parties have participated jointly in the negotiation and drafting of this Agreement. In , and, in the event an ambiguity or question of intent or interpretation arises, this Agreement shall will be construed as if drafted jointly by the Parties Parties, and no presumption or burden of proof shall will arise favoring or disfavoring any Party party by virtue of the authorship of any of the provisions of this Agreement.
Appears in 6 contracts
Samples: Merger Agreement (Carolina Financial Corp), Merger Agreement (Carolina Financial Corp), Merger Agreement (United Bankshares Inc/Wv)
Construction. The Parties have participated jointly in the negotiation and drafting of this Agreement. In the event If an ambiguity or question of intent or interpretation arises, this Agreement shall be construed as if drafted jointly by the Parties and no presumption or burden of proof shall arise favoring or disfavoring any either Party by virtue of the authorship of at any of the provisions of this Agreement.
Appears in 6 contracts
Samples: Mutual Nondisclosure Agreement, Mutual Non Disclosure Agreement (Jay Merger Sub, Inc.), Mutual Non Disclosure Agreement
Construction. The Parties to this Agreement have participated jointly in the negotiation and drafting of this AgreementAgreement and have had competent counsel of their own choosing. In the event an ambiguity or question of intent or interpretation arises, this Agreement shall be construed as if drafted jointly by the Parties and no presumption or burden of proof shall arise favoring or disfavoring any Party party by virtue of the authorship of any of the provisions of this Agreement.
Appears in 6 contracts
Samples: Agreement and Plan of Reorganization (Fidelity National Financial Inc /De/), Stock Purchase Agreement (Centennial Sepcialty Foods Corp), Stock Purchase Agreement (Fidelity National Financial Inc /De/)
Construction. The Parties parties have participated jointly in the negotiation and drafting of this Agreement. In the event an ambiguity or question of intent or interpretation arises, this Agreement shall be construed as if drafted jointly by the Parties parties, and no presumption or burden of proof shall arise favoring or disfavoring any Party party by virtue of the authorship of any of the provisions of this Agreement.
Appears in 6 contracts
Samples: Redemption Agreement (Intersections Inc), Membership Interest Purchase Agreement (Compass Group Diversified Holdings LLC), Merger Agreement (Fresh Brands Inc)
Construction. The Parties have participated jointly in the negotiation and drafting of this Agreement. In , and, in the event an ambiguity or question of intent or interpretation arises, this Agreement shall will be construed as if drafted jointly by the Parties Parties, and no presumption or burden of proof shall will arise favoring or disfavoring any Party by virtue of the authorship of any of the provisions of this Agreement.
Appears in 6 contracts
Samples: Stock Purchase Agreement (1847 Holdings LLC), Merger Agreement (Teekay Tankers Ltd.), Stock Purchase Agreement (Baltic Trading LTD)
Construction. The Parties parties have participated jointly in the negotiation negotiating and drafting of this Agreement. In the event If an ambiguity or a question of intent or interpretation arises, this Agreement shall be construed as if drafted jointly by the Parties parties, and no presumption or burden of proof shall arise favoring or disfavoring any Party party by virtue of the authorship of any of the provisions provision of this Agreement.
Appears in 5 contracts
Samples: Exchange Agreement (CompoSecure, Inc.), Exchange Agreement (Healthcare Royalty, Inc.), Merger Agreement (Roman DBDR Tech Acquisition Corp.)
Construction. The Parties parties have participated jointly in the negotiation and drafting of this Agreement. In the event an ambiguity or question of intent or interpretation arises, this Agreement shall be construed as if drafted jointly by the Parties both parties, and no presumption or burden of proof shall arise favoring or disfavoring any Party party by virtue of the authorship of any of the provisions of this Agreement.
Appears in 5 contracts
Samples: Executive Employment Agreement (Wisa Technologies, Inc.), Executive Employment Agreement (Wisa Technologies, Inc.), Executive Employment Agreement (Wisa Technologies, Inc.)
Construction. The Parties have participated jointly in the negotiation and drafting of this Agreement. In the event If an ambiguity or question of intent or interpretation arises, this Agreement shall will be construed as if drafted jointly by the Parties and no presumption or burden of proof shall will arise favoring or disfavoring any Party by virtue because of the authorship of any of the provisions provision of this Agreement.
Appears in 5 contracts
Samples: Purchase, Sale & Co Investment Agreement (Blueknight Energy Holding, Inc.), Purchase, Sale & Co Investment Agreement (CB-Blueknight, LLC), Asset Purchase Agreement (TrueBlue, Inc.)
Construction. The Parties have participated jointly in the negotiation and drafting of this Agreement. In the event an ambiguity or question of intent or interpretation arises, this Agreement shall be construed as if drafted jointly by the Parties and no presumption or burden of proof shall arise favoring or disfavoring any Party by virtue of the authorship of any of the provisions of this Agreement.. Any reference to any federal, state,
Appears in 5 contracts
Samples: Stock Purchase Agreement (Little Wing Partners L P), Stock Purchase Agreement (Little Wing Partners L P), Agreement Regarding Assignment of Contracts (Interactive Magic Inc /Nc/)
Construction. The Parties have participated jointly in the negotiation negotiating and drafting of this Agreement. In the event that an ambiguity or a question of intent or interpretation arises, this Agreement shall will be construed as if drafted jointly by the Parties Parties, and no presumption or burden of proof shall will arise favoring or disfavoring any Party by virtue of the authorship of any of the provisions provision of this Agreement.
Appears in 5 contracts
Samples: Voting and Support Agreement (ExOne Co), Voting and Support Agreement (Desktop Metal, Inc.), Voting and Support Agreement (Desktop Metal, Inc.)
Construction. The Parties have participated jointly in the negotiation and drafting of this Agreement. In the event If an ambiguity or question of intent or interpretation arises, this Agreement shall be construed as if drafted jointly by the Parties and no presumption or burden of proof shall arise favoring or disfavoring any Party by virtue of the authorship of any of the provisions of this Agreement.
Appears in 5 contracts
Samples: Unit Purchase Agreement (PetIQ, Inc.), Unit Purchase Agreement (Echo Global Logistics, Inc.), Assignment of Rights and Title Agreement (Tranquility Inc)
Construction. The Parties parties have participated jointly in the negotiation negotiating and drafting of this Agreement. In the event that an ambiguity or a question of intent or interpretation arises, this Agreement shall be construed as if jointly drafted jointly by the Parties parties, and no presumption or burden of proof shall arise favoring or disfavoring any Party party by virtue of the authorship of any of the provisions provision of this Agreement.
Appears in 5 contracts
Samples: Stock Purchase Agreement (Liberty Latin America Ltd.), Securities Purchase Agreement (Verizon Communications Inc), Securities Purchase Agreement (Frontier Communications Corp)
Construction. The Parties have Each of the parties has participated jointly in the drafting and negotiation and drafting of this Agreement. In the event If an ambiguity or question of intent or interpretation arises, this Agreement shall must be construed as if it is drafted jointly by all the Parties parties hereto, and no presumption or burden of proof shall arise favoring or disfavoring any Party party by virtue of the authorship of any of the provisions of this Agreement.
Appears in 4 contracts
Samples: Transaction Agreement (Atlantica Sustainable Infrastructure PLC), Voting and Transaction Support Agreement (Atlantica Sustainable Infrastructure PLC), Voting and Transaction Support Agreement (Algonquin Power & Utilities Corp.)
Construction. The Parties parties have jointly participated jointly in the negotiation and drafting of this Agreement. In the event of an ambiguity or question of intent or interpretation arises, this Agreement shall be construed as if drafted jointly by the Parties parties and no presumption presumptions or burden burdens of proof shall arise favoring or disfavoring any Party party by virtue of the authorship of any of the provisions of this Agreement.
Appears in 4 contracts
Samples: Purchase Agreement (Franklin Covey Co), Purchase Agreement (Franklin Covey Co), Purchase Agreement (School Specialty Inc)
Construction. The Parties have participated jointly in the negotiation and drafting of this the Agreement. In the event an ambiguity or question of intent or interpretation arises, this the Agreement shall be construed as if drafted jointly by the Parties and no presumption or burden of proof shall arise favoring or disfavoring any Party by virtue of the authorship of any of the provisions of this the Agreement.
Appears in 4 contracts
Samples: Agreement (Allied Esports Entertainment, Inc.), Program Production and Televising Agreement (Allied Esports Entertainment, Inc.), Agreement (Allied Esports Entertainment, Inc.)
Construction. The Parties parties hereto have participated jointly in the negotiation and drafting of this Agreement. In , and, in the event an ambiguity or question of intent or interpretation arises, this Agreement shall will be construed as if drafted jointly by the Parties parties, and no presumption or burden of proof shall will arise favoring or disfavoring any Party party by virtue of the authorship of any of the provisions of this Agreement.
Appears in 4 contracts
Samples: Merger Agreement (1847 Holdings LLC), Securities Purchase Agreement (1847 Holdings LLC), Securities Purchase Agreement (1847 Goedeker Inc.)
Construction. The Parties parties have participated jointly in the ------------ negotiation and drafting of this Agreement. In the event an ambiguity or question of intent or interpretation arises, this Agreement shall be construed as if drafted jointly by the Parties parties and no presumption or burden of proof shall arise favoring or disfavoring any Party party by virtue of the authorship of any of the provisions of this Agreement.
Appears in 4 contracts
Samples: Registration Rights Agreement (Cardiodynamics International Corp), Registration Rights Agreement (Cardiodynamics International Corp), Registration Rights Agreement (Cardiodynamics International Corp)
Construction. The Parties parties have participated jointly in the negotiation and drafting of this Agreement. In the event of an ambiguity or question of intent or interpretation arises, this Agreement shall be construed as if drafted jointly by the Parties parties and no presumption or burden of proof shall arise favoring or disfavoring any Party party by virtue of the authorship of any of the provisions of this Agreement.
Appears in 4 contracts
Samples: Purchase Agreement (Chicago Bridge & Iron Co N V), Exclusive License Agreement (United Therapeutics Corp), Exclusive License Agreement (Virexx Medical Corp)
Construction. The Parties parties have participated jointly in the negotiation and drafting of this Agreement. In the event an ambiguity or question of intent or interpretation arises, this Agreement shall be construed as if drafted jointly by the Parties parties and no presumption or burden of proof shall arise favoring or disfavoring any Party by virtue of the authorship of any of the provisions of this Agreement.
Appears in 4 contracts
Samples: Proxy Contest Settlement Agreement (LONGKLOOF LTD), Proxy Contest Settlement Agreement (New Frontier Media Inc), Purchase Agreement (Asv Inc /Mn/)
Construction. The Parties parties have participated jointly in the negotiation and drafting of this Agreement. In the event an ambiguity or question of intent or interpretation arises, this Agreement shall be construed as if drafted jointly by the Parties parties and no presumption or burden of proof shall arise favoring or disfavoring any Party party by virtue of the authorship of any of the provisions of this Agreement.
Appears in 4 contracts
Samples: Trademark License Agreement (TRW Automotive Inc), Trademark License Agreement (TRW Automotive Inc), Intellectual Property License Agreement (TRW Automotive Inc)
Construction. The Parties Each of the parties hereto have participated jointly in the negotiation and drafting of this Agreement. In Agreement and, in the event an ambiguity or question of intent or interpretation arises, this Agreement shall be construed as if jointly drafted jointly by the Parties parties hereto and no presumption or burden of proof shall arise favoring or disfavoring any Party party hereto by virtue of the authorship of any of the provisions provision of this Agreement.
Appears in 4 contracts
Samples: Merger Agreement, Merger Agreement (Avista Corp), Merger Agreement
Construction. The Parties have participated jointly in the negotiation and drafting of this Agreement. In the event If an ambiguity or question of intent or interpretation arises, this Agreement shall will be construed as if drafted jointly by the Parties and no presumption or burden of proof shall will arise favoring or disfavoring any Party by virtue because of the authorship of any of the provisions provision of this Agreement.. The word "
Appears in 4 contracts
Samples: Merger Agreement (3 D Systems Corp), Merger Agreement (DTM Corp /Tx/), Merger Agreement (Proactive Finance Group LLC)
Construction. The Parties have participated jointly in the negotiation and drafting of this Agreement. In the event an If any ambiguity or question of intent or interpretation arises, this Agreement shall be construed as if drafted jointly by the Parties Parties, and no presumption or burden of proof shall arise favoring or disfavoring any Party party by virtue of the authorship of any of the provisions of this Agreement.
Appears in 4 contracts
Samples: Interlocal Cooperation Agreement, Interlocal Cooperation Agreement, Interlocal Cooperation Agreement
Construction. The Parties parties hereto have participated jointly in the negotiation and drafting of this Agreement. In the event an ambiguity or question of intent or interpretation arises, this Agreement shall be construed as if drafted jointly by the Parties parties hereto and no presumption or burden of proof shall arise favoring or disfavoring any Party party by virtue of the authorship of any of the provisions of this Agreement.
Appears in 4 contracts
Samples: Asset Purchase Agreement (Nephros Inc), Merger Agreement (Allstate Corp), Interest Purchase Agreement (Global Eagle Entertainment Inc.)
Construction. The Parties have participated jointly in the negotiation and drafting of this Agreement. In the event of an ambiguity or question of intent or interpretation arises, this Agreement shall be construed as if drafted jointly by the Parties and no presumption or burden of proof shall arise favoring or disfavoring any Party by virtue of the authorship of any of the provisions of this Agreement.
Appears in 4 contracts
Samples: Shareholders' Agreement (Scailex CORP Ltd.), Stock Exchange Agreement (Smart Video Technologies Inc), Exclusive Development and Commercialization Agreement (Molichem Medicines Inc)
Construction. The Parties have Each of the parties hereto has participated jointly in the drafting and negotiation and drafting of this Agreement. In the event If an ambiguity or question of intent or interpretation arises, this Agreement shall must be construed as if it is drafted jointly by all the Parties parties hereto and no presumption or burden of proof shall arise favoring or disfavoring any Party party by virtue of the authorship of any of the provisions of this Agreement.
Appears in 4 contracts
Samples: Registration Rights Agreement (Biotricity Inc.), Registration Rights Agreement (Biotricity Inc.), Registration Rights Agreement (Athenex, Inc.)
Construction. The Parties parties have participated jointly in the negotiation negotiating and drafting of this Agreement. In the event that an ambiguity or a question of intent or interpretation arises, the parties agree that this Agreement shall be construed as if drafted jointly by the Parties parties, and no presumption or burden of proof shall arise favoring or disfavoring any Party party by virtue of the authorship of any of the provisions provision of this Agreement.
Appears in 4 contracts
Samples: Investment Agreement (RLJ Entertainment, Inc.), Stock Purchase Agreement (Madison Square Garden Co), Stock Purchase Agreement (GE Capital US Holdings, Inc.)
Construction. The Parties parties have participated jointly in the negotiation and drafting of this Agreement. In the event an ambiguity or question of intent or interpretation arises, this Agreement shall be construed as if drafted jointly by the Parties parties and no presumption or burden of proof shall arise favoring or disfavoring any Party party by virtue of the authorship of any of the provisions provision of this Agreement.
Appears in 4 contracts
Samples: Interlocal Agreement, Stock Purchase Agreement (American Precision Industries Inc), Stock Purchase Agreement (Rival Co)
Construction. The Parties have participated jointly in the negotiation and drafting of this Agreement. In the event an ambiguity or question of intent or interpretation arises, this Agreement shall will be construed as if drafted jointly by the Parties and no presumption or burden of proof shall arise favoring or disfavoring any Party by virtue of the authorship of any of the provisions of this Agreement.
Appears in 4 contracts
Samples: Stock Purchase Agreement (Tarsier Ltd.), Purchase Agreement (Artec Global Media, Inc.), Asset Purchase Agreement (CVSL Inc.)
Construction. The Parties have participated jointly in the negotiation and drafting of this Agreement. In the event an ambiguity or question of intent or interpretation arises, this Agreement shall will be construed as if drafted jointly by the Parties and no presumption or burden of proof shall will arise favoring or disfavoring any Party by virtue of the authorship of any of the provisions of this Agreement. The Parties intend that each representation, warranty and covenant contained herein will have independent significance.
Appears in 4 contracts
Samples: Merger Agreement (Wright Medical Group Inc), Asset Purchase Agreement (Digital Generation Systems Inc), Asset Purchase Agreement (Iparty Corp)
Construction. The Parties parties have participated jointly in the negotiation and drafting of this Agreement. In the event an ambiguity or question of intent or interpretation arises, this Agreement shall be construed as if drafted jointly by the Parties parties and no presumption or of burden of proof shall arise favoring or disfavoring any Party either party by virtue of the authorship of any of the provisions of this Agreement.. The word “
Appears in 4 contracts
Samples: Stock Purchase Agreement, Stock Purchase Agreement (Standex International Corp/De/), Stock Purchase Agreement (Standex International Corp/De/)
Construction. The Parties parties hereto have jointly participated jointly in the negotiation negotiations and drafting of this Agreement. In the event an any ambiguity or question of intent or interpretation arises, this Agreement shall be construed as if drafted jointly by the Parties parties hereto and no rule of construction, presumption or burden of proof shall arise favoring one party or disfavoring any Party another concerning the interpretation of ambiguous provisions or otherwise by virtue of the one party’s presumed authorship of this Agreement or any of the provisions of this Agreementprovision hereof.
Appears in 4 contracts
Samples: Stockholders Agreement (Laredo Oil, Inc.), License Agreement (Laredo Oil, Inc.), License Agreement (Laredo Oil, Inc.)
Construction. The Parties parties have participated jointly in the negotiation and drafting of this Agreement. In the event an ambiguity or question of intent or interpretation arises, this Agreement shall be construed as if drafted jointly by the Parties parties and no presumption or burden of proof shall arise favoring or disfavoring any Party party by virtue of the authorship of any of the provisions of this Agreement. The section headings contained in this Agreement are inserted for convenience only and shall not affect in any way the meaning or interpretation of this Agreement.
Appears in 3 contracts
Samples: Affiliation Agreement, Affiliation Agreement, Affiliation Agreement
Construction. The Parties parties have participated jointly in the negotiation negotiations and drafting of this Agreement. In Joinder Agreement and in the event an of any ambiguity or question of intent or interpretation arisesinterpretation, this Agreement shall be construed as if drafted jointly by the Parties and no presumption or burden of proof shall arise favoring or disfavoring any Party party by virtue of the authorship of any of the provisions of this Joinder Agreement.
Appears in 3 contracts
Samples: Subscription Agreement (Communications Systems Inc), Subscription Agreement (Communications Systems Inc), Working Capital Loan and Security Agreement (Communications Systems Inc)
Construction. The Parties have Each Party has participated jointly in the drafting and negotiation and drafting of this Agreement. In the event If an ambiguity or question of intent or interpretation arises, this Agreement shall must be construed as if it is drafted jointly by all the Parties parties and no presumption or burden of proof shall arise favoring or disfavoring any Party party by virtue of the authorship of any of the provisions of this Agreement.
Appears in 3 contracts
Samples: Share Purchase Agreement (Xpeng Inc.), Investment Agreement (Alibaba Group Holding LTD), Investment Agreement (Alibaba Group Holding LTD)
Construction. The Parties parties have participated jointly in the negotiation and drafting of this Agreement. In the event that an ambiguity or a question of intent or interpretation arises, this Agreement shall be construed as if drafted jointly by the Parties parties, and no presumption or burden of proof shall arise favoring or disfavoring any Party party by virtue of the authorship of any of the provisions provision of this Agreement.
Appears in 3 contracts
Samples: Merger Agreement (CDW Corp), Merger Agreement (Cam Commerce Solutions Inc), Merger Agreement (Servicemaster Co)
Construction. The Parties parties have participated jointly in the negotiation and drafting of this Agreement. In the event an ambiguity or question of intent or interpretation arises, this Agreement shall be construed as if drafted jointly by the Parties parties and no presumption or burden of proof shall arise favoring or disfavoring any Party party by virtue of the authorship of any of the provisions of this Agreement. The parties intend that each provision contained herein shall have independent significance.
Appears in 3 contracts
Samples: Waiver and Standstill Agreement (Krupp Government Income Trust-Ii), Waiver and Standstill Agreement (Krupp Government Income Trust), Waiver and Standstill Agreement (Berkshire Income Realty Inc)
Construction. The Parties have participated jointly in the negotiation and drafting of this Agreement. In the event an ambiguity or question of intent or interpretation arises, this Agreement shall will be construed as if drafted jointly by the Parties and no presumption or burden of proof shall will arise favoring or disfavoring any Party by virtue of the authorship of any of the provisions of this Agreement. In all cases, word “including” shall be interpreted as “including without limitation” and the word “or” shall be interpreted as “and/or.”
Appears in 3 contracts
Samples: Asset Purchase Agreement, Asset Purchase Agreement (Tullys Coffee Corp), Asset Purchase Agreement (Green Mountain Coffee Roasters Inc)
Construction. The Parties parties hereto have participated jointly in the negotiation and drafting of this Agreement. In the event an ambiguity or question of intent or interpretation arises, this Agreement shall be construed as if drafted jointly by the Parties parties and no presumption or burden of proof shall arise favoring or disfavoring any Party party by virtue of the authorship of any of the provisions of this Agreement.
Appears in 3 contracts
Samples: Purchase and Sale Agreement (Emerge Energy Services LP), Purchase and Sale Agreement (Emerge Energy Services LP), Purchase and Sale Agreement (Wabash National Corp /De)
Construction. The Parties have All parties to this Agreement participated jointly in the negotiation and drafting of this Agreement. In the event an ambiguity or question of or intent or interpretation arises, this Agreement shall be construed as if drafted jointly by the Parties parties hereto and no presumption or burden of proof shall arise favoring or disfavoring any Party party hereto by virtue of the authorship of any of the provisions of this Agreement.
Appears in 3 contracts
Samples: Asset Contribution and Sale Agreement (Powersecure International, Inc.), Asset Purchase Agreement (Metretek Technologies Inc), Stock Purchase Agreement (Metretek Technologies Inc)
