Drafting Ambiguities; Interpretation. In interpreting any provision of this Agreement, no weight shall be given to, nor shall any construction or interpretation be influenced by, the fact that counsel for one of the parties drafted this Agreement, each party recognizing that it and its counsel have had an opportunity to review this Agreement and have contributed to the final form of same. Unless otherwise specified (a) whenever the singular number is used in this Agreement, the same shall include the plural, and the plural shall include the singular, (b) the words “consent” or “approve” or words of similar import, mean the prior written consent or approval of Seller or Purchaser, (c) the words “include” and “including”, and words of similar import, shall be deemed to be followed by the words “without limitation”, and (d) the exhibits to this Agreement are incorporated herein by reference.
Appears in 2 contracts
Samples: Agreement of Sale (Commvault Systems Inc), Agreement of Sale (Commvault Systems Inc)
Drafting Ambiguities; Interpretation. In interpreting any provision of this Agreement, no weight shall be given to, nor shall any construction or interpretation be influenced by, the fact that counsel for one of the parties drafted this Agreement, each party recognizing that it and its counsel have had an opportunity to review this Agreement and have contributed to the final form of same. Unless otherwise specified (a) whenever the singular number is used in this Agreement, the same shall include the plural, and the plural shall include the singular, ; (b) the words “consent” or “approve” or words of similar import, mean the prior written consent or approval of Seller or Purchaser, as applicable; (c) the words “include” and “including”, and words of similar import, shall be deemed to be followed by the words “without limitation”, ; and (d) the exhibits Exhibits to this Agreement are incorporated herein by reference.
Appears in 1 contract
Samples: Agreement of Sale (Djo Inc)
Drafting Ambiguities; Interpretation. In interpreting any provision of this Agreement, no weight shall be given to, nor shall any construction or interpretation be influenced by, the fact that counsel for one of the parties drafted this Agreement, each party recognizing that it and its counsel have had an opportunity to review this Agreement and have contributed to the final form of same. Unless otherwise specified (a) whenever the singular number is used in this Agreement, the same shall include the plural, and the plural shall include the singular, (b) the words “"consent” " or “"approve” " or words of similar import, mean the prior written consent or approval of Seller or Purchaser, (c) the words “"include” " and “"including”", and words of similar import, shall be deemed to be followed by the words “"without limitation”, " and (d) the exhibits Exhibits to this Agreement are incorporated herein by reference.
Appears in 1 contract
Drafting Ambiguities; Interpretation. In interpreting any provision of this Agreement, no weight shall be given to, nor shall any construction or interpretation be influenced by, the fact that counsel for one of the parties drafted this Agreement, each party recognizing that it and its counsel have had an opportunity to review this Agreement and have contributed to the final form of same. Unless otherwise specified (a) whenever the singular number is used in this Agreement, the same shall include the plural, and the plural shall include the singular, (b) the words “consent” or “approve” or words of similar import, shall mean the prior written consent or approval of Seller or Purchaser, (c) the words “include” and “including”, and ” or words of similar import, shall be deemed to be followed by the words “without limitation”, ” and (d) the exhibits Exhibits to this Agreement are incorporated herein by reference.
Appears in 1 contract
Samples: Agreement of Sale (Wells Real Estate Investment Trust Inc)
Drafting Ambiguities; Interpretation. In interpreting any provision of this Agreement, no weight shall be given to, nor shall any construction or interpretation be influenced by, the fact that counsel for one of the parties Parties initially drafted this Agreement, each party Party recognizing that it and its counsel have had an opportunity to review this Agreement and have contributed to the final form of same. Unless otherwise specified specified; (a) whenever the singular number is used in this Agreement, the same shall include the plural, and the plural shall include the singular, (b) the words “"consent” " or “"approve” " or words of similar import, mean the prior written consent or approval of Seller or Purchaser, the applicable Party; (cb) the words “"include” " and “"including”", and words of similar import, shall be deemed to be followed by the words “"without limitation”, " in all cases where it is not followed by the word "only" or "exclusively"; and (dc) the exhibits Exhibits to this Agreement are incorporated herein by reference. Capitalized terms not defined herein shall have the meaning attributed to same in the Contract Documents or the Purchase and Sale Agreement, as applicable.
Appears in 1 contract
Samples: Owner's Representative Agreement