Joint Negotiation. 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, the parties intend that this Agreement be construed as if drafted jointly by the parties and that no presumption or burden of proof arise favoring or disfavoring any party by virtue of the authorship of any of the provisions of this Agreement.
Joint Negotiation. This Agreement shall be considered for all purposes as prepared through the joint efforts of the Parties, and shall not be construed against one Party as a result of the preparation, submission or other event of negotiation, drafting or execution hereof.
Joint Negotiation. The parties hereto agree that each party has participated in the drafting and preparation of this Agreement, and, accordingly, in any construction or interpretation of this Agreement, the same shall not be construed against any party by reason of the source of drafting.
Joint Negotiation. This Agreement has been negotiated by Owner and EPC Contractor, and this Agreement shall not be deemed to have been negotiated and prepared by Owner or EPC Contractor, but by both equally.
Joint Negotiation. 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 under any provision of this Agreement, 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. The Parties each hereby acknowledge that this Agreement reflects an agreement between sophisticated Parties derived from arm’s-length negotiations. Further, prior drafts of this Agreement or the fact that any clauses have been added, deleted or otherwise modified from any prior drafts of this Agreement shall not be used as an aide of construction or otherwise constitute evidence of the intent of the Parties and no presumption or burden of proof shall arise favoring or disfavoring any Party by virtue of such prior drafts.
Joint Negotiation. The Parties acknowledge that this Agreement is the result of joint negotiations among the Parties and agree that neither this agreement nor any amendment to the Agreement shall be construed or interpreted against any Party on the grounds of sole or primary authorship.
Joint Negotiation. This Agreement is the product of BACR and School, and each provision hereof has been subject to the negotiation and mutual agreement of the Parties, and sufficient time for the review of their respective legal counsel and advisers. Accordingly, any rule of construction that a document shall be interpreted or construed against the drafting Party shall not be applicable.
Joint Negotiation. This Agreement has been mutually negotiated by the parties · hereto, and any uncertainty or ambiguity existing herein shall rtot be interpreted against any party by reason of its drafting of this Agreement, but instead shall be interpreted according · ·-· ·--- --- - - - to the application of the general rules of interpretation for arms length agreements.
Joint Negotiation. 75 -v- [***] = Certain confidential information contained in this document, marked by brackets, has been omitted because it is both (i) not material and (ii) would be competitively harmful if publicly disclosed. EXHIBITS: Exhibit A Form of Transition Services Agreement Exhibit B Form of Assignment and Assumption Agreement Exhibit C Development Plan Exhibit D Form of [Estimated][Adjusted] Closing Statement Exhibit E Form of Resignation SCHEDULES: Seller Disclosure Schedule Schedule 2.8 Schedule A Schedule B Schedule C
Joint Negotiation. Each party has been represented by counsel of its choice in negotiating this Agreement. This Agreement shall therefore be deemed to have been negotiated and prepared at the joint request, direction and construction of the parties, at arm's length, with the advice and participation of counsel, and will be interpreted in accordance with its terms without favor to any party. THE AGREEMENT CONTAINS A BINDING ARBITRATION PROVISION WHICH MAY BE ENFORCED BY THE PARTIES.
