Drafting History Sample Clauses

Drafting History. In resolving any dispute or construing any provision in the Agreement, there shall be no presumption made or inference drawn (a) because the attorneys for one of the parties drafted such provision of the Agreement, (b) because of the drafting history of the Agreement, or (c) because of the inclusion of a provision not contained in a prior draft or the deletion of a provision contained in a prior draft. The parties acknowledge and agree that this Agreement was negotiated and drafted with each party being represented by counsel of its choice and with each party having an equal opportunity to participate in the drafting of the provisions hereof and shall therefore be construed as if drafted jointly by the parties.
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Drafting History. This Agreement shall be construed and interpreted without regard to any presumption against the party causing this Agreement to be drafted. The parties acknowledge that this Agreement was negotiated and drafted with each party being represented by competent counsel of its choice and with each party having an equal opportunity to participate in the drafting of the provisions hereof and shall therefore be construed as if drafted jointly by the parties.
Drafting History. In resolving any dispute or controversy arising out of or relating to this Agreement or in connection with construing any term or provision in this Agreement, there shall be no presumption made or inference drawn because of the inclusion of a provision not contained in a prior draft or the deletion of a provision contained in a prior draft. The Parties acknowledge and agree that this Agreement was negotiated and drafted with each Party being represented by competent legal counsel of its choice and with each Party having an opportunity to participate in the drafting of the provisions hereof and shall therefore this Agreement shall be construed and interpreted as if drafted jointly by the Parties and not with any presumption against either of the Parties.
Drafting History. In resolving any dispute or construing any provision in this Agreement, there shall be no presumption made or inference drawn (i) because the attorneys for one of the parties drafted this Agreement, (ii) because of the drafting history of this Agreement, or (iii) because of the inclusion of a provision not contained in a prior draft or the deletion of a provision contained in a prior draft.
Drafting History. In resolving any dispute hereunder or construing any provision in the Agreement, there shall be no presumption made or inference drawn (a) because the attorneys for one of the parties drafted such provision of this Agreement, (b) because of the drafting history of this Agreement, or (c) because of the inclusion of a provision not contained in a prior draft or the deletion of a provision contained in a prior draft. The parties acknowledge and agree that this Agreement was negotiated and drafted with each party being represented by counsel of its choice and with each party having an equal opportunity to participate in the drafting of the provisions hereof and that this Agreement shall not be interpreted or construed with any presumption against either party hereto. 17.
Drafting History. In: resolving any dispute or controversy arising out. of or relating to this Amendment or in connection with construing any term or provision in this Amendment, there shall be no presumption made or inference drawn because of the inclusion of a provision not contained in a prior draft or the deletion of a provision contained in a prior draft. The parties acknowledge and agree that this Amendment was negotiated and drafted with each party being represented by competent legal counsel of its choice and with each party having an opportunity to participate in the drafting of the provisions hereof and shall therefore this Amendment shall be construed and interpreted as if drafted jointly by the parties and not with any presumption against either of the parties.
Drafting History. This agreement was negotiated and drafted with each party represented by counsel of its choice and having equal opportunity to participate in the drafting hereof and shall therefore be construed as if drafted jointly by the parties. There shall be no presumption made or inference drawn because of the drafting history of this agreement, or because of the inclusion of a provision not contained in a prior draft or the deletion of a provision contained in a prior draft.
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Drafting History. The Interim Constitution contained positive rights to restitution of land rights in IC ss 121 to 123, but did not provide for rights in respect of redistribution and tenure reform. Indeed, the property clause in IC s 28 did not refer to land or land reform at all. This left land reform measures, especially those falling outside the restitution sub-component of the programme, vulnerable to constitutional chal- lenge under IC s 28. The first draft of the Bill of Rights1 in the Final Constitution2 proposed two alternative solutions to this problem: a property clause that included land reform provisions; or no property clause at all.3 Some submissions thus argued that a separate land clause should be included to provide for all the sub-components of the land reform programmes, and not only for restitution.4 Other submissions recommended that the property clause provide for positive rights to land, including restitution,5 redistribution and tenure security.6 The intention behind these latter submissions was that the property clause should strike a balance between the protection of existing property rights and the pro- motion of socio-economic rights to land and tenure security.7 Ultimately, it was this view that prevailed. In addition to the positive provisions on land reform, an affirmative action or restitutionary justice clause was inserted in FC s 25(8). The intention behind this clause appears have been to place beyond doubt the notion that ‘land, water and related reform in order to redress the results of past racial discrimination’ con- stitute a protected constitutional purpose.8 1 Theme Committee 4 was responsible for drafting the fundamental rights provisions of the Final Constitution and Theme Committee 6 was responsible for drafting the provisions concerning the specialized structures of government.
Drafting History. 43 Section 9.10 Governing Law, etc.................................43 Section 9.11

Related to Drafting History

  • Drafting The parties hereto have participated jointly in the negotiation and drafting of this Agreement and, in the event an ambiguity or question of intent or interpretation arises, this Agreement shall be construed as jointly drafted by the parties hereto and no presumption or burden of proof shall arise favoring or disfavoring any party by virtue of the authorship of any provision of this Agreement.

  • Joint Drafting 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.

  • Mutual Drafting This Agreement is the joint product of the Subscriber and the Company and each provision hereof has been subject to the mutual consultation, negotiation and agreement of such parties and shall not be construed for or against any party hereto.

  • 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.

  • Drafting Ambiguities Each party to this Agreement and their legal counsel have reviewed and revised this Agreement. The rule of construction that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of this Agreement or any amendments or exhibits to this Agreement.

  • Legal Counsel; Mutual Drafting Each party recognizes that this is a legally binding contract and acknowledges and agrees that they have had the opportunity to consult with legal counsel of their choice. Each party has cooperated in the drafting, negotiation and preparation of this Agreement. Hence, in any construction to be made of this Agreement, the same shall not be construed against either party on the basis of that party being the drafter of such language. The Executive agrees and acknowledges that he has read and understands this Agreement, is entering into it freely and voluntarily, and has been advised to seek counsel prior to entering into this Agreement and has had ample opportunity to do so.

  • Drafting Party The provisions of this Agreement, and the documents and instruments referred to in the Agreement, have been prepared, examined, negotiated and revised by each party and their respective lawyers, and no implication will be drawn and no provision will be construed against any party by virtue of the purported identity of the drafter of this Agreement, or any portion of this Agreement.

  • Drafting Note Delete as applicable. This shall be the agent notified to the Delivery Body in the Generator’s FiT CfD Application as its agent for service of process, where the Applicant is not based in England/Wales. Annex 1 (Description of the Facility) Annex 2 (Modification Agreement)

  • Litigation History There shall be no consistent history of court/arbitral award decisions against the Tenderer, in the last (Specify years). All parties to the contract shall furnish the information in the appropriate form about any litigation or arbitration resulting from contracts completed or ongoing under its execution over the year’s specified. A consistent history of awards against the Tenderer or any member of a JV may result in rejection of the tender.

  • Cooperation in Drafting The Parties have cooperated in the drafting and preparation of this Agreement. This Agreement will not be construed against any Party on the basis that the Party was the drafter or participated in the drafting.

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