Cooperative Drafting. This Agreement has been drafted through a cooperative effort of City and Contractor, and both Parties have had an opportunity to have the Agreement reviewed and revised by legal counsel. No Party shall be considered the drafter of this Agreement, and no presumption or rule that an ambiguity shall be construed against the Party drafting the clause shall apply to the interpretation or enforcement of this Agreement.
Cooperative Drafting. This Master License has been negotiated at arm’s length between persons sophisticated and knowledgeable in the matters it addresses and was drafted through a cooperative effort of both parties, each of which has had an opportunity to have this Master License reviewed and revised by legal counsel. No party will be considered the drafter of this Master License, and no presumption or rule (including that in Cal. Civil Code § 1654) that an ambiguity will be construed against the party drafting the clause will apply to the interpretation or enforcement of this Master License.
Cooperative Drafting. This Xxxxx has been drafted through a cooperative effort of both parties, and both parties have had an opportunity to have the Lease reviewed and revised by legal counsel. No party shall be considered the drafter of this Lease, and no presumption or rule that an ambiguity shall be construed against the party drafting the clause shall apply to the interpretation or enforcement of this Lease.
Cooperative Drafting. This MOU has been drafted through a cooperative effort of the Parties, and all Parties have had an opportunity to have the MOU reviewed and revised by legal counsel. No Party shall be considered the drafter of this MOU, and no presumption or rule that an ambiguity shall be construed against the Party drafting the clause shall apply to the interpretation or enforcement of this MOU.
Cooperative Drafting. This Agreement is the product of a cooperative drafting effort by the Town and the Developer and shall not be construed or interpreted against either party solely on the basis that one party or its attorney drafted this Agreement or any portion of it.
Cooperative Drafting. This Agreement has been drafted through a cooperative effort of all parties, and all parties have had an opportunity to have the Agreement reviewed and revised by legal counsel. No party shall be considered the drafter of this Agreement, and no presumption or rule that an ambiguity shall be construed against the party drafting the clause shall apply to the interpretation or enforcement of this Agreement. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS AGREEMENT, SELLER ACKNOWLEDGES AND AGREES THAT NO OFFICER OR EMPLOYEE OF CITY HAS AUTHORITY TO COMMIT CITY TO THIS AGREEMENT UNLESS AND UNTIL APPROPRIATE LEGISLATION OF CITY'S BOARD OF SUPERVISORS SHALL HAVE BEEN DULY ENACTED APPROVING THIS AGREEMENT AND AUTHORIZING THE TRANSACTIONS CONTEMPLATED HEREBY. THEREFORE, ANY OBLIGATIONS OR LIABILITIES OF CITY HEREUNDER ARE CONTINGENT UPON THE DUE ENACTMENT OF SUCH LEGISLATION, AND THIS AGREEMENT SHALL BE NULL AND VOID IF CITY'S BOARD OF SUPERVISORS AND MAYOR DO NOT APPROVE THIS AGREEMENT, IN THEIR RESPECTIVE SOLE DISCRETION. APPROVAL OF ANY OF THE TRANSACTIONS CONTEMPLATED HEREBY BY ANY DEPARTMENT, COMMISSION OR AGENCY OF CITY SHALL NOT BE DEEMED TO IMPLY THAT SUCH LEGISLATION WILL BE ENACTED NOR WILL ANY SUCH APPROVAL CREATE ANY BINDING OBLIGATIONS ON CITY. [SIGNATURES ON FOLLOWING PAGES] The parties have duly executed this Agreement as of the respective dates written below. SELLER: 2558 MISSION LLC a California limited liability company By: Van Xxxx Xxxx Corp., a California corporation Its Managing Member By:_ Xxxx Xxxxx President CITY: CITY AND COUNTY OF SAN FRANCISCO, a municipal corporation By: XXXX XXXXXX Director of Property Date: APPROVED AS TO FORM: XXXXXX X. XXXXXXX, City Attorney By: Xxxx X. Xxxxx Deputy City Attorney Title Company agrees to act as escrow holder in accordance with the terms of this Agreement and to execute the Designation Agreement (attached hereto as Exhibit J) and act as the Reporting Person (as such term is defined in the Designation Agreement). Title Company's failure to execute below shall not invalidate the Agreement between City, Seller and Developer. TITLE COMPANY: FIRST AMERICAN TITLE INSURANCE COMPANY By: Its: Date: EXHIBIT A REAL PROPERTY DESCRIPTION All that certain real property located in the County of San Francisco, State of California, described as follows: Parcel A, Assessor’s Block Xx. 0000, Xxx Xx. 00 as shown on Parcel Map No. 7207, filed April 25, 2013 in Book 48 of Parcel Maps, at Pages 130 & 131, in the O...
Cooperative Drafting. Section [insert paragraph number] is hereby added to the Agreement, as follows:
Cooperative Drafting. This Development Agreement has been drafted through a cooperative effort of both Parties, and both Parties have had an opportunity to have the Development Agreement reviewed and revised by legal counsel of their own choosing. No Party shall be considered the drafter of this Development Agreement, and no presumption or rule that an ambiguity shall be construed against the Party drafting the clause shall apply to the interpretation or enforcement of this Development Agreement.
Cooperative Drafting. This Agreement has been drafted through a cooperative effort of both parties, and both parties have had an opportunity to have the Agreement reviewed and revised by legal counsel. No party shall be considered the drafter of this Agreement, and no presumption or rule that an ambiguity shall be construed against the party drafting the clause shall apply to the interpretation or enforcement of this Agreement. [INTERNAL INSTRUCTION FOR SFAC STAFF – DELETE THIS TEXT IN [BRACKETS] AFTER READING AND FOLLOWING THESE INSTRUCTIONS: XXXXXX §00 if this agreement is with a health and human services nonprofit; otherwise, do not include §62 and §61 will be the contract's final paragraph. The latest dispute resolution procedure is posted on Purchasing's website.]
Cooperative Drafting. This Lease has been drafted through a cooperative effort of both parties, and both parties have had an opportunity to have the Lease reviewed and revised by legal counsel. No party shall be considered the drafter of this Lease, and no presumption or rule that an ambiguity shall be construed against the party drafting the clause shall apply to the interpretation or enforcement of this Lease. City and Tenant have executed this Lease as of the date first written above CITY TENANT By X. XXXXXXX Director of Transportation San Francisco Municipal Transportation Agency By Its Approved as to Form: Xxxxxx X. Xxxxxxx City Attorney By: Xxxxxxxxx Xxxxxx Deputy City Attorney APPROVED BY: San Francisco Municipal Transportation Agency Board of Directors Resolution No: Adopted: Attest: Secretary, SFMTA Board of Directors EXHIBIT A PLANS [Date] EXHIBIT B COMMENCEMENT DATE AND EXPIRATION DATE MEMORANDUM Senior Manager, Strategic Real Estate San Francisco Municipal Transportation Agency 0 Xxxxx Xxx Xxxx Xxxxxx, Eighth Floor San Francisco, CA 94103 RE: Acknowledgment of Commencement Date and Expiration Date, Lease Between (Tenant), and the CITY AND COUNTY OF SAN FRANCISCO, by and through its Municipal Transportation Agency (Landlord), for Communications Site premises located at , San Francisco Dear M_. : This letter will confirm that for all purposes of the Lease, the Commencement Date (as defined in Section 3.2 of the Lease) is , 20 . Please acknowledge your acceptance of this letter by signing and returning a copy of this letter. Very truly yours, Accepted and Agreed: By: Senior Manager, Strategic Real Estate Dated: By: Title: EXHIBIT C APPROVED TENANT'S PLANS AND SPECIFICATIONS EXHIBIT D CONDITIONAL USE PERMIT EXHIBIT E COMMUNICATION SITE EQUIPMENT FEE SCHEDULE EFFECTIVE JANUARY 1st, 2016 Description Annually AnnualIncrease Minimum base rent for Premises up to 220 square feet and installation of up to 3 antennas, plus $60,000 3% Rent per square foot for that portion of the Premises that exceeds 220 square feet $60 3% Additional Rent per antenna in excess of 3 $6,000 3% EXHIBIT F FORM SELF-INSURANCE CERTIFICATION LETTER RE: NET WORTH THRESHOLD , 2 San Francisco Municipal Transportation Agency Attention: [Name of Director to be Provided by SFMTA & Inserted] 0 Xxxxx Xxx Xxxx Xxxxxx, Eighth Floor San Francisco, California 94103 Re: Telecommunications Site Lease (“Lease”) Certification of Tenant’s Net Worth Threshold Pursuant to Section 20.1(i) of the Lease Dear : We are aware ...
