Common use of Descriptive Headings; Construction Clause in Contracts

Descriptive Headings; Construction. The descriptive headings of this Agreement are inserted for convenience only and do not constitute a part of this Agreement. The Parties agree that this Agreement is the product of negotiation between sophisticated parties and individuals, all of whom were represented by counsel, and each of whom had an opportunity to participate in and did participate in the drafting of each provision hereof. Accordingly, ambiguities in this Agreement, if any, shall not be construed strictly or in favor of or against any party but rather shall be given a fair and reasonable construction without regard to the rule of contra proferentem.

Appears in 24 contracts

Samples: Investors’ Rights Agreement (Joy Capital Opportunity, L.P.), Investors’ Rights Agreement (Dai Kun), Share Subscription Agreement (Dai Kun)

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Descriptive Headings; Construction. The descriptive headings of this Agreement are inserted for convenience only and do not constitute a part of this Agreement. The Parties agree that parties to this Agreement is have participated jointly in the product negotiation and drafting of negotiation between sophisticated 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 individuals, all no presumption or burden of whom were represented proof shall arise favoring or disfavoring any party by counsel, and each virtue of whom had an opportunity to participate in and did participate in the drafting authorship of each provision hereof. Accordingly, ambiguities in any of the provisions of this Agreement, if any, . The word “including” shall not be construed strictly or in favor of or against any party but rather shall be given a fair and reasonable construction mean including without regard to the rule of contra proferentemlimitation.

Appears in 9 contracts

Samples: Competition and Confidentiality Agreement, Unit Grant and Joinder Agreement (Ignite Restaurant Group, Inc.), Securityholders Agreement (Vitamin Shoppe, Inc.)

Descriptive Headings; Construction. The descriptive headings of this Agreement are inserted for convenience only and do not constitute a part of this Agreement. The Parties agree that parties to this Agreement is have participated jointly in the product negotiation and drafting of negotiation between sophisticated 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 individuals, all no presumption or burden of whom were represented proof shall arise favoring or disfavoring any party by counsel, and each virtue of whom had an opportunity to participate in and did participate in the drafting authorship of each provision hereof. Accordingly, ambiguities in any of the provisions of this Agreement, if any, . The word "including" shall not be construed strictly or in favor of or against any party but rather shall be given a fair and reasonable construction mean including without regard to the rule of contra proferentemlimitation.

Appears in 4 contracts

Samples: Stockholders Agreement (New York & Company, Inc.), Executive Stock Agreement (Osullivan Industries Holdings Inc), Executive Stock Agreement (Osullivan Industries Holdings Inc)

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Descriptive Headings; Construction. The descriptive headings of this Agreement are inserted for convenience only and do not constitute a part of this Agreement. The Parties parties hereto agree that this Agreement is the product of negotiation between sophisticated parties and individuals, all of whom were represented by counsel, and each of whom had an opportunity to participate in and did participate in the drafting of each provision hereof. Accordingly, ambiguities in this Agreement, if any, shall not be construed strictly or in favor of or against any party but rather shall be given a fair and reasonable construction without regard to the rule of contra proferentem.

Appears in 4 contracts

Samples: Share Subscription Agreement (MINISO Group Holding LTD), Share Subscription Agreement (MINISO Group Holding LTD), Share Subscription Agreement (Tencent Holdings LTD)

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