Drafting Presumption Clause Samples
A Drafting Presumption clause establishes how ambiguities or unclear language in a contract will be interpreted, typically specifying that such ambiguities should not be construed against the party that drafted the agreement. In practice, this means that if a dispute arises over the meaning of a particular provision, the interpretation will not automatically favor the non-drafting party. This clause is important because it helps prevent one party from gaining an unfair advantage due to unclear wording, thereby promoting fairness and reducing the risk of opportunistic interpretations in contract disputes.
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Drafting Presumption. The parties acknowledge that this Agreement has been agreed to by both parties, that both parties have consulted or have had the opportunity to consult with attorneys with respect to the terms, and that no presumption shall be created against the City as the drafter of the Agreement.
Drafting Presumption. The parties hereto agree that they participated in the drafting of this Agreement and, in the event that any dispute arises in the interpretation or construction of this agreement, no presumption shall arise that any one party drafted this Agreement.
Drafting Presumption. In the event of any ambiguity or dispute regarding the definition or meaning of any word, phrase, or other verbiage, or the construction of any provision in this Agreement, there shall be no presumption favoring the definition, meaning or construction propounded by a particular party based upon which party (or which party’s attorney) drafted the word, verbiage or provision at issue, and same will be deemed mutually drafted.
Drafting Presumption. Each of the parties hereto has participated in the negotiation and drafting of this Agreement and agree that no one party has prepared this document to the exclusion of the other party and that in construing this agreement there should be no presumption based upon which party drafted this Agreement.
Drafting Presumption. The Parties will acknowledge that the Agreement has been agreed to by all Parties, that each Party has consulted with attorneys with respect to the terms hereof and its Exhibits. No presumption will be created against any Party hereto because of its role in drafting the Agreement.
Drafting Presumption. It is acknowledged that the parties and their respective agents have participated in an arms'-length negotiation in the preparation of this Agreement. As a consequence, the parties agree that no presumption shall be applied in any interpretation of this Agreement that the terms hereof shall be more strictly construed against one party by reason of any rule or construction that a document is to be construed more strictly against the party who prepared the same, whether through such party's agents or otherwise and the parties expressly waive the application of Section 1654 of the California Civil Code.
Drafting Presumption. This Agreement shall be construed fairly as to each Party regardless of which Party drafted it. Each Party acknowledges and agrees that each of them played a significant and essential role in the preparation, drafting and review of this Agreement.
Drafting Presumption. Buyer and Seller agree that they participated in the drafting of this Agreement and, in the event that any dispute arises in the interpretation or construction of this Agreement, no presumption shall arise that either one party or the other drafted this Agreement.
Drafting Presumption. Program Manager and Bank agree that they participated in the drafting of this Agreement and, in the event that any dispute arises in the interpretation or construction of this Agreement, no presumption shall arise that either one party or the other drafted this Agreement. *** Confidential Treatment Requested
Drafting Presumption. The parties acknowledge that this Contract has been agreed to by both parties, that both parties have consulted or have had the opportunity to consult with attorneys with respect to the terms, and that no presumption shall be created against the Lead as the drafter of this Contract.