Interpretation; Construction. The headings set forth in this Agreement are for convenience only and shall not be used in interpreting this Agreement. Both parties have participated in the negotiation of this Agreement. Therefore, the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of this Agreement.
Appears in 17 contracts
Samples: Employment Agreement, Executive Employment Agreement (Dendreon Corp), Employment Agreement (Dendreon Corp)
Interpretation; Construction. The headings set forth in this Agreement are for convenience only and shall not be used in interpreting this Agreement. Both parties The Parties acknowledge that each Party and its counsel have participated in the negotiation of reviewed and revised, or had an opportunity to review and revise, this Agreement. Therefore, and the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of this Agreement.
Appears in 9 contracts
Samples: Employment Agreement (Cryoport, Inc.), Employment Agreement (Cryoport, Inc.), Employment Agreement (Cryoport, Inc.)
Interpretation; Construction. 13.1 The headings set forth in this Agreement are for convenience only and shall not be used in interpreting this Agreement. Both parties have participated in the negotiation of The Parties acknowledge that each Party and its counsel has reviewed and revised, or had an opportunity to review and revise, this Agreement. Therefore, and the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of this Agreement.
Appears in 4 contracts
Samples: Executive Employment Agreement (Digirad Corp), Executive Employment Agreement (Digirad Corp), Executive Employment Agreement (Digirad Corp)
Interpretation; Construction. The headings set forth in this Agreement are for convenience only and shall not be used in interpreting this Agreement. Both parties have participated in the negotiation of The Parties acknowledge that each Party and its counsel has reviewed and revised, or had an opportunity to review and revise, this Agreement. Therefore, and the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of this Agreement.
Appears in 4 contracts
Samples: Employment Agreement (Cardionet Inc), Employment Agreement (Cardionet Inc), Employment Agreement (Cardionet Inc)
Interpretation; Construction. The headings set forth in this Agreement are for convenience only and shall not be used in interpreting this Agreement. Both parties have participated in Key Colleague acknowledges that Key Colleague has had an opportunity to review the negotiation of this Agreement. ThereforeAgreement and, therefore, the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of this Agreement. Either party’s failure to enforce any provision of this Agreement shall not in any way be construed as a waiver of any such provision, or prevent that party thereafter from enforcing each and every other provision of this Agreement.
Appears in 4 contracts
Samples: Change in Control Severance Agreement (Integra Lifesciences Holdings Corp), Change in Control Severance Agreement (Integra Lifesciences Holdings Corp), Change in Control Severance Agreement (Integra Lifesciences Holdings Corp)
Interpretation; Construction. The headings set forth in this Agreement agreement are for convenience only and shall not be used in interpreting this Agreementagreement. Both parties have participated in the negotiation of this AgreementThis agreement has been drafted by both Parties hereto. Therefore, the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed against either party in the interpretation of this Agreementagreement.
Appears in 3 contracts
Samples: Memorandum of Understanding, Memorandum of Understanding, Memorandum of Understanding
Interpretation; Construction. 12.1 The headings set forth in this Agreement are for convenience only and shall not be used in interpreting this Agreement. Both parties have participated in the negotiation of The Parties acknowledge that each Party and its counsel has reviewed and revised, or had an opportunity to review and revise, this Agreement. Therefore, and the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of this Agreement.
Appears in 3 contracts
Samples: Executive Employment Agreement (Acadia Pharmaceuticals Inc), Executive Employment Agreement (Acadia Pharmaceuticals Inc), Executive Employment Agreement (Acadia Pharmaceuticals Inc)
Interpretation; Construction. The headings set forth in this Agreement are for convenience of reference only and shall not be used in interpreting this Agreement. Both parties have participated in the negotiation of The Parties acknowledge that each Party has reviewed this Agreement. Therefore, the normal and any rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of this Agreement.
Appears in 2 contracts
Samples: Executive Employment Agreement (Torrid Holdings Inc.), Executive Employment Agreement (Torrid Holdings Inc.)
Interpretation; Construction. The headings set forth in this Agreement are for convenience only and shall not be used in interpreting this Agreement. Both parties have participated in the negotiation Either party’s failure to enforce any provision of this Agreement. Therefore, the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party Agreement shall not in any way be employed in the interpretation construed as a waiver of any such provision, or prevent that party thereafter from enforcing each and every other provision of this Agreement.
Appears in 2 contracts
Samples: Executive Change in Control Severance Agreement (K12 Inc), Executive Change in Control Severance Agreement (K12 Inc)
Interpretation; Construction. The headings set forth in this Agreement are for convenience only and shall not be used in interpreting this Agreement. Both parties have participated in This Agreement has been drafted equally by legal counsel for the negotiation of this Agreement. ThereforeParties and, the normal rule of construction to the effect that therefore, any ambiguities are to shall not be resolved against the drafting party shall not be employed either Party in the interpretation of this Agreement. If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid or unenforceable, in whole or in part, this determination shall not affect any other provision of this Agreement and the provision in question shall, to the extent possible, be modified by the court so as to be rendered enforceable.
Appears in 2 contracts
Samples: Severance Agreement (Greenway Technologies Inc), Severance Agreement (Greenway Technologies Inc)
Interpretation; Construction. The headings set forth in this Agreement are for convenience only and shall not be used in interpreting this Agreement. Both parties have participated in the negotiation of The Parties acknowledge that each Party and its counsel has reviewed and revised, or had an opportunity to review and revise, this Agreement. Therefore, and the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of this Agreement.
Appears in 2 contracts
Samples: Employment Agreement (Acadia Pharmaceuticals Inc), Executive Employment Agreement (Acadia Pharmaceuticals Inc)
Interpretation; Construction. The headings set forth in this Agreement are for convenience of reference only and shall not be used in interpreting this Agreement. Both parties have participated in the negotiation of The Parties acknowledge each Party and its counsel has reviewed and revised, or had an opportunity to review and revise, this Agreement. Therefore, the normal and any rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of this Agreement.
Appears in 2 contracts
Samples: Employment Agreement (Proofpoint Inc), Employment Agreement (Proofpoint Inc)
Interpretation; Construction. 15.1 The headings set forth in this Agreement are for convenience only and shall not be used in interpreting this Agreement. Both parties have participated in the negotiation of The Parties acknowledge that each Party and its counsel has reviewed and revised, or had an opportunity to review and revise, this Agreement. Therefore, and the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of this Agreement.
Appears in 2 contracts
Samples: Executive Employment Agreement (Leap Wireless International Inc), Executive Employment Agreement (Leap Wireless International Inc)
Interpretation; Construction. The headings set forth in this Agreement are for convenience only and shall not be used in interpreting this Agreement. Both parties have participated in the negotiation of The Parties acknowledge that each Party and its counsel has reviewed and rev ised, or had an opportunity to review and revise, this Agreement. Therefore, and the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of this Agreement.
Appears in 1 contract
Interpretation; Construction. The headings set forth in this Agreement are for convenience only and shall not be used in interpreting this Agreement. Both parties have participated in Key Colleague acknowledges that Key Colleague has had an opportunity to review and revise the negotiation of this Agreement. ThereforeAgreement and, therefore, the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of this Agreement. Either party’s failure to enforce any provision of this Agreement shall not in any way be construed as a waiver of any such provision, or prevent that party thereafter from enforcing each and every other provision of this Agreement.
Appears in 1 contract
Samples: Change in Control Severance Agreement (Integra Lifesciences Holdings Corp)
Interpretation; Construction. The headings set forth in this Agreement are for convenience only and shall not be used in interpreting this Agreement. Both parties have participated in the negotiation of this Agreement. ThereforeThis Agreement has been drafted and negotiated by both parties, and, therefore, the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of this Agreement.
Appears in 1 contract
Samples: Consulting Agreement (IdentifySensors Biologics Corp.)
Interpretation; Construction. 14.1 The headings set forth in this Agreement are for convenience only and shall not be used in interpreting this Agreement. Both parties have participated in the negotiation of The Parties acknowledge that each Party and its counsel has reviewed and revised, or had an opportunity to review and revise, this Agreement. Therefore, and the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of this Agreement.
Appears in 1 contract