Interpretation; Construction. The headings set forth in this Release are for convenience only and shall not be used in interpreting this Agreement. This Release has been drafted by legal counsel representing the Company, but Executive has participated in the negotiation of its terms. Furthermore, Executive acknowledges that Executive has had an opportunity to review and revise the Release and have it reviewed by legal counsel, if desired, 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 Release. Either party’s failure to enforce any provision of this Release 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 Release.
Appears in 134 contracts
Samples: Employment Agreement (Evoke Pharma Inc), Employment Agreement (Evoke Pharma Inc), Employment Agreement (Evoke Pharma Inc)
Interpretation; Construction. The headings set forth in this Release Agreement are for convenience only and shall not be used in interpreting this Agreement. This Release Agreement has been drafted by legal counsel representing the Company, but Executive has participated in the negotiation of its terms. Furthermore, Executive acknowledges that Executive has had an opportunity to review and revise the Release Agreement and have it reviewed by legal counsel, if desired, 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 ReleaseAgreement. Either party’s failure to enforce any provision of this Release 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 ReleaseAgreement.
Appears in 55 contracts
Samples: Severance Agreement (Viasat Inc), Change in Control Severance Agreement (Viasat Inc), Employment and Severance Agreement (Xperi Inc.)
Interpretation; Construction. The headings set forth in this Release are for convenience only and shall not be used in interpreting this Agreement. This Release has been drafted by legal counsel representing the Company, but Executive Employee has participated in the negotiation of its terms. Furthermore, Executive Employee acknowledges that Executive Employee has had an opportunity to review and revise the Release and have it reviewed by legal counsel, if desired, 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 Release. Either party’s failure to enforce any provision of this Release 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 Release.
Appears in 22 contracts
Samples: Change in Control Severance Agreement (Ligand Pharmaceuticals Inc), Change in Control Severance Agreement (Avista Public Acquisition Corp. II), Severance Agreement (Airgain Inc)
Interpretation; Construction. The headings set forth in this Release are for convenience only and shall not be used in interpreting this AgreementRelease. This Release has been drafted by legal counsel representing the Company, but Executive has participated in the negotiation of its terms. Furthermore, Executive acknowledges that Executive has had an opportunity to review and revise the Release and have it reviewed by legal counsel, if desired, 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 Release. Either party’s failure to enforce any provision of this Release 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 Release.
Appears in 12 contracts
Samples: Severance Agreement (Viasat Inc), Change in Control Severance Agreement (Viasat Inc), General Release of Claims (Avidity Biosciences, Inc.)
Interpretation; Construction. The headings set forth in this Release are for convenience only and shall not be used in interpreting this Agreement. This Release has been drafted by legal counsel representing the Company, but Executive has participated in the negotiation of its terms. Furthermore, Executive acknowledges that Executive has had an opportunity to review and revise the Release and have it reviewed by legal counsel, if desired, 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 Release. Either party’s 's failure to enforce any provision of this Release 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 Release.
Appears in 4 contracts
Samples: Employment Agreement (Zogenix Inc), Employment Agreement (Prometheus Laboratories Inc), Change in Control Severance Agreement (Prometheus Laboratories Inc)
Interpretation; Construction. The headings set forth in this Release are for convenience only and shall not be used in interpreting this AgreementRelease. This Release has been drafted by legal counsel representing the Company, but Executive has participated in the negotiation of its terms. Furthermore, Executive acknowledges that Executive has had an opportunity to review and revise the Release and have it reviewed by legal counsel, if desired, 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 Release. Either partyParty’s failure to enforce any provision of this Release shall not in any way be construed as a waiver of any such provision, or prevent that party Party thereafter from enforcing each and every other provision of this Release.
Appears in 3 contracts
Samples: Separation Agreement (Radius Health, Inc.), Separation Agreement (Radius Health, Inc.), Separation Agreement and General Release of Claims (Radius Health, Inc.)
Interpretation; Construction. The headings set forth in this Release are for convenience only and shall not be used in interpreting this AgreementRelease. This Release has been drafted by legal counsel representing the Company, but Executive has participated in the negotiation of its terms. Furthermore, Executive acknowledges that Executive has had an opportunity to review and revise the Release and have it reviewed by legal counsel, if desired, and, therefore, the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party Party shall not be employed in the interpretation of this Release. Either party’s Party's failure to enforce any provision of this Release 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 Release.
Appears in 2 contracts
Samples: General Release of Claims (Radius Health, Inc.), General Release of Claims (Radius Health, Inc.)
Interpretation; Construction. The headings set forth in this Release are for convenience only and shall not be used in interpreting this AgreementRelease. This Release has been drafted by legal counsel representing the Company, but Executive has participated in the negotiation of its terms. Furthermore, Executive acknowledges that Executive has had an opportunity to review and revise the Release and have it reviewed by legal counsel, if desired, and, therefore, the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party Party shall not be employed in the interpretation of this Release. Either partyParty’s failure to enforce any provision of this Release 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 Release.
Appears in 2 contracts
Samples: Executive Severance Agreement (Radius Health, Inc.), Executive Severance Agreement (Radius Health, Inc.)
Interpretation; Construction. The headings set forth in this Release are for convenience only and shall not be used in interpreting this Agreementagreement. This Release has been drafted by legal counsel representing the Company, but Executive has participated in the negotiation of its terms. Furthermore, Executive acknowledges that Executive has had an opportunity to review and revise the Release and have it reviewed by legal counsel, if desired, 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 Release. Either party’s failure to enforce any provision of this Release 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 Release.
Appears in 1 contract
Samples: Executive Severance Compensation Program (Qep Resources, Inc.)