Construing the Agreement. This Agreement shall not be construed more strictly against one Party than another merely by virtue of the fact that it may have been initially drafted by counsel for only one of the Parties. It is recognized that this Agreement is the result of arm’s- length negotiations between the Parties and it is acknowledged that all Parties have contributed substantially to the preparation of this Agreement; accordingly, the doctrine of contra proferentum shall not apply in construing this Agreement, nor shall any other such similar doctrine apply.
Construing the Agreement. Each of the parties to this Agreement acknowledges that such party has had the benefit of independent counsel with regard to this Agreement and that this Agreement has been prepared as a result of the joint efforts of all parties and their respective counsel. Accordingly, all parties agree that the provisions of this Agreement shall not be construed or interpreted for or against any party to this Agreement based upon authorship or any other factor but shall be construed and interpreted according to the ordinary meaning of the words used so as to fairly accomplish the purposes and intentions of all parties to this Agreement.
Construing the Agreement. This Agreement shall not be construed more strictly against one Party than another merely by virtue of the fact that it may have been initially drafted by counsel for only one of the Parties. It is recognized that this Agreement is the result of arm’s-length negotiations between the Parties, and it is acknowledged that all Parties have contributed substantially to the preparation of this Agreement; accordingly, the doctrine of contra proferentum shall not apply in construing this Agreement, nor shall any other such similar doctrine apply. Each Party acknowledges that it has been and is being fully advised by competent legal counsel of the Party’s own choice and fully understands the terms and conditions of this Agreement, and the meaning and import thereof, and that such Party’s execution of this Agreement is with the advice of such Party’s counsel and of such Party’s own free will. Each Party represents and warrants that it has sufficient information regarding the Litigation, the Settlement, and the other Parties to reach an informed decision and has, independently and without relying on other Parties, and based on such information as it has deemed appropriate, made its own decision to enter into this Agreement and was not fraudulently or otherwise wrongfully induced to enter into this Agreement.
Construing the Agreement. Because of the arm’s-length negotiations described above, all Parties hereto have contributed substantially and materially to the preparation of this Settlement Agreement, which, therefore, may not be construed against the drafter of it or any portion of it, and the doctrine of contra proferentum shall not apply in constructing this Agreement nor shall any other such similar doctrine apply. All personal pronouns used in this Settlement Agreement, whether used in the masculine, feminine or neutral gender, shall include all other genders, and the singular shall include the plural and vice-versa.
Construing the Agreement. This Agreement and the other Loan Documents have been entered into by parties who are experienced in sophisticated and complex matters similar to the transactions contemplated by this Agreement and they are being entered into by the parties in reliance upon the economic and legal bargains contained in this Agreement and the other Loan Documents and shall be interpreted and construed in a fair and impartial manner without regard to such factors as the party that prepared the instrument, the relative bargaining powers of the parties or the domicile of any party, but shall be construed and interpreted according to the ordinary meaning of the words used so as to fairly accomplish the purposes and intentions of all parties to this Agreement.
Construing the Agreement. This Settlement Agreement shall not be construed more strictly against one Party than another merely by virtue of the fact that it may have been initially drafted by counsel for only one of the Parties. It is recognized that this Settlement Agreement is the result of arm’s-length negotiations between the Parties and it is acknowledged that all Parties Case 1:14-cv-04107-ENV-RML Document 98-1 Filed 08/25/17 Page 21 of 46 PageID #: 2555 Case 1:14-cv-04107-ENV-RML Document 98-1 Filed 08/25/17 Page 22 of 46 PageID #: 2556 EXECUTION VERSION Dated: June , 2017 Xxxxxxx Xxxxxxx Individually and on behalf of the putative class Dated: June 26, 2017 Xxxxxxxx Xxxx Xxxx Swift & Garf PC Xxx Xxxxx Xxxxx Xxxxxx, Xxxxx 0000 Xxxxxxxxxxxx, XX 00000 Dated: June , 2017 Xxxx X. Xxxxxxxxx Xxxxxx & Xxxx, P.C. 00 Xxxxx Xxxxx Xxxxxx Xxxxxxx, XX 00000 Dated: June , 2017 Xxxxxxx Aks Individually and on behalf of the putative class Dated: June , 2017 Xxxxxxx X. Xxxxxxxxxx Mazie, Slater, Xxxx and Xxxxxxx, LLC 000 Xxxxxxxxxx Xxxxxxx, 0xx Xxxxx Xxxxxxxx, XX 00000 Dated: June , 2017 Xxxxxxx X. Xxxxxxxxx XxXxxx, Wright, Arevalo, LLP 000 Xxxxxxxxx Xxxxxx Xxxxxx, XX 00000 EXECUTION VERSION Dated: June , 2017 Xxxxxxx Xxxxxxx Individually and on behalf of the putative class Dated: June , 2017 Xxxxxxxx Xxxx Xxxx Swift & Garf PC Xxx Xxxxx Xxxxx Xxxxxx, Xxxxx 0000 Xxxxxxxxxxxx, XX 00000 Dated: June , 2017 Xxxx X. Xxxxxxxxx Xxxxxx & Xxxx, P.C. 00 Xxxxx Xxxxx Xxxxxx Xxxxxxx, XX 00000 Dated: June 27, 2017 Xxxxxxx Aks Individually and on behalf of the putative class Dated: June 28, 2017 Xxxxxxx X. Xxxxxxxxxx Mazie, Slater, Xxxx and Xxxxxxx, LLC 000 Xxxxxxxxxx Xxxxxxx, 0xx Xxxxx Xxxxxxxx, XX 00000 Dated: June , 2017 Xxxxxxx X. Xxxxxxxxx XxXxxx, Wright, Arevalo, LLP 000 Xxxxxxxxx Xxxxxx Xxxxxx, XX 00000 Case 1:14-cv-04107-ENV-RML Document 98-1 Filed 08/25/17 Page 27 of 46 PageID #: 2561 Case 1:14-cv-04107-ENV-RML Document 98-1 Filed 08/25/17 Page 28 of 46 PageID #: 2562 Case 1:14-cv-04107-ENV-RML Document 98-1 Filed 08/25/17 Page 29 of 46 PageID #: 2563
