Jointly Drafted Agreement. 58.1. The Agreement is concluded after the Parties agreed on and accepted all provisions and wording of the Agreement. Each of the Parties confirms that during the [negotiations] or [dialogue] regarding this Agreement it acted honestly. 58.2. The Investor declares and confirms that despite the fact that the initial draft of the Agreement was drafted and presented by the Public partner during the Investor selection procedures, the Investor had appropriate means to familiarise with the draft of the Agreement and evaluate its terms and conditions, and together its duties, liability, and risks as well, before submitting a Tenderl, engage in [if applicable negotiations] [or if applicable dialogue] regarding more favourable conditions of the Agreement draft for the Investor and the Private partner, and prepare such Tender for the Investor selection procedures, including the financial proposal, which would properly evaluate and reflect the duties, liability, and risks of the Investor in the financial expression. 58.3. The Investor and the Private partner together declare and confirm that the Private partner also had appropriate means to familiarise with the Agreement draft before signing it. Therefore, it is deemed that the Parties agreed to sign the agreement only when all the provisions of and annexes to the Agreement, and the wording thereof became acceptable to all the Parties. Therefore, the Agreement could not be considered as providing an advantage for any or both of the Parties; it cannot be interpreted in favour of any or both of the Parties or to the detriment of any or both of the Parties.
Appears in 3 contracts
Samples: Partnership Agreement, Partnership Agreement, Partnership Agreement
Jointly Drafted Agreement. 58.1. The Agreement is concluded after the Parties agreed on and accepted all provisions and wording of the Agreement. Each of the Parties confirms that during the [negotiations] or [dialogue] regarding this Agreement it acted honestly.
58.2. The Investor declares and confirms that despite the fact that the initial draft of the Agreement was drafted and presented by the Public partner Granting institution during the Investor selection proceduresprocedure, the Investor had appropriate means to familiarise with the draft of the Agreement and evaluate its terms and conditions, and together its duties, liability, and risks as well, before submitting a Tenderl, engage in [if applicable negotiations] [or if applicable dialogue] regarding more favourable conditions of the Agreement draft for the Investor and the Private partnerConcessionaire, and prepare such Tender for the Investor selection procedures, including the financial proposal, which would properly evaluate and reflect the duties, liability, and risks of the Investor in the financial expression.
58.3. The Investor and the Private partner Concessionaire together declare and confirm that the Private partner Concessionaire also had appropriate means to familiarise with the Agreement draft before signing it. Therefore, it is deemed that the Parties agreed to sign the agreement only when all the provisions of and annexes to the Agreement, and the wording thereof became acceptable to all the Parties. Therefore, the Agreement could not be considered as providing an advantage for any or both of the Parties; it cannot be interpreted in favour of any or both of the Parties or to the detriment of any or both of the Parties.
Appears in 3 contracts
Samples: Partnership (Concession) Agreement, Partnership (Concession) Agreement, Partnership (Concession) Agreement
Jointly Drafted Agreement. 58.1. The Agreement is concluded after the Parties agreed on and accepted all provisions and wording of the Agreement. Each of the Parties confirms that during the [negotiations] or [dialogue] regarding this Agreement it acted honestly.
58.2. The Investor declares and confirms that despite the fact that the initial draft of the Agreement was drafted and presented by the Public partner Granting institution during the Investor selection proceduresprocedure, the Investor had appropriate means to familiarise with the draft of the Agreement and evaluate its terms and conditions, and together its duties, liability, and risks as well, before submitting a Tenderl, engage in [if applicable negotiations] [or if applicable dialogue] regarding more favourable conditions of the Agreement draft for the Investor and the Private partnerConcessionaire, and prepare such Tender for the Investor selection procedures, including the financial proposal, which would properly evaluate and reflect the duties, liability, and risks of the Investor in the financial expression.
58.3. The Investor and the Private partner Concessionaire together declare and confirm that the Private partner Concessionaire also had appropriate means to familiarise with the Agreement draft before signing it. Therefore, it is deemed that the Parties agreed to sign the agreement only when all the provisions of and annexes to the Agreement, and the wording thereof became acceptable to all the Parties. Therefore, the Agreement could not be considered as providing an advantage for any or both of the Parties; it cannot be interpreted in favour of any or both of the Parties or to the detriment of any or both of the Parties.
Appears in 1 contract
Samples: Partnership (Concession) Agreement