Judicial Interpretation. Should any provision of this Agreement require judicial interpretation, it is agreed that a court interpreting or construing the same shall not apply a presumption that the terms hereof shall be more strictly construed against any Person by reason of the rule of construction that a document is to be construed more strictly against the Person who itself or through its agent prepared the same, it being agreed that all parties have participated in the preparation of this Agreement.
Appears in 26 contracts
Samples: Employment Agreement (Airborne Wireless Network), Employment Agreement (Airborne Wireless Network), Employment Agreement (Airborne Wireless Network)
Judicial Interpretation. Should any provision of this Agreement require judicial interpretation, it is agreed that a court interpreting or construing the same shall not apply a presumption that the terms hereof shall be more strictly construed against any Person person by reason of the rule of construction that a document is to be construed more strictly against the Person person who itself or through its agent prepared the same, it being agreed that all parties hereto have participated in the preparation of this Agreement.
Appears in 19 contracts
Samples: Management Services Agreement (Skid Row AHP LLC), Loan Servicing Agreement (American Renal Associates Holdings, Inc.), Loan Servicing Agreement (American Renal Associates Holdings, Inc.)
Judicial Interpretation. Should any provision of this Agreement require judicial interpretation, it is agreed that a the court interpreting or construing the same shall not apply a presumption that the terms hereof shall be more strictly construed against any Person one party by reason of the rule of construction that a document is to be construed more strictly against the Person party who itself or through its agent prepared the same, it being agreed that the agents of all parties have participated in the preparation of this Agreement.
Appears in 14 contracts
Samples: Option Agreement (Gsi Commerce Inc), Contribution Agreement (Brandywine Realty Trust), Scarborough Drive Agreement of Sale (Brandywine Realty Trust)
Judicial Interpretation. Should any provision of this Agreement require judicial interpretation, it is agreed the parties hereto agree that a the court interpreting or construing the same shall not apply a presumption that the terms hereof shall be more strictly construed against any Person one party by reason of the rule of construction that a document is to be construed more strictly against the Person who party which itself or through its agent prepared the same, it being agreed that all parties the agents of each party have participated in the preparation of this Agreementhereof.
Appears in 12 contracts
Samples: Purchase and Sale Agreement (Emmis Communications Corp), Agreement and Plan of Merger (Intac International Inc), Asset Purchase Agreement (Amedisys Inc)
Judicial Interpretation. Should any provision of this Agreement Amendment or any of the other transaction documents require judicial interpretation, it is agreed that a court interpreting or construing the same shall not apply a presumption that the terms hereof shall be more strictly construed against any Person by reason of the rule of construction that a document is to be construed more strictly against the Person who itself or through its agent prepared the same, it being agreed that all parties Parties have participated in the preparation of this AgreementAmendment.
Appears in 11 contracts
Samples: Pooling and Servicing Agreement (Contisecurities Asset Funding Corp), Pooling and Servicing Agreement (Contisecurities Asset Funding Corp), Pooling and Servicing Agreement (Contisecurities Asset Funding Corp)
Judicial Interpretation. Should any provision of this Agreement require judicial interpretation, it is agreed that a the court interpreting or construing the same shall not apply imply a presumption that the terms hereof shall be more strictly construed against any Person one party by reason of the rule of construction that a document is to be construed more strictly against the Person party who itself or through its agent prepared the same, it being agreed that the agents of all parties have participated in the preparation of this Agreement.
Appears in 10 contracts
Samples: Contractor Agreement, Contractor Agreement, Independent Contractor Agreement
Judicial Interpretation. Should any provision of this Agreement require judicial interpretation, it is agreed that a court interpreting or construing the same shall not apply a presumption that the terms hereof shall be more strictly construed against any Person person by reason of the rule of construction that a document is to be construed more strictly against the Person person who itself or through its agent prepared the same, it being agreed that all parties have participated in the preparation of this Agreement.
Appears in 10 contracts
Samples: Asset Purchase Agreement (Apollo Medical Holdings, Inc.), Royalty Agreement (Peoples Liberation Inc), Sub License Agreement (Biolargo, Inc.)
Judicial Interpretation. Should any provision of this Agreement require judicial interpretation, it is agreed that a court interpreting or construing the same shall not apply a presumption that the terms hereof shall be more strictly construed against any Person Party by reason of the rule of construction that a document is to be construed more strictly against the Person Party who itself or through its agent prepared the same, it being agreed that all parties Parties have participated in the preparation of this Agreement.
Appears in 9 contracts
Samples: Game Licensing Agreement, Publishing License Agreement, Video Game License Agreement
Judicial Interpretation. Should any provision of this Agreement require judicial interpretation, it is agreed that a the court interpreting or construing the same shall not apply a presumption that the terms hereof shall be more strictly construed against any Person one party by reason of the rule of construction that a document is to be construed more strictly against the Person party who itself or through its agent prepared the same, it being agreed that all the agents of both parties have participated in the preparation of this Agreementhereof.
Appears in 9 contracts
Samples: Clinical Training Affiliation Agreement, Agreement, Cooperative Agreement
Judicial Interpretation. Should any provision of this Agreement require judicial interpretation, it is agreed that a court interpreting or construing the same shall not apply a presumption that the terms hereof shall be more strictly construed against any Person person by reason of the rule of construction that a document is to be construed more strictly against the Person person who itself or through its agent prepared the same, it being agreed that all parties hereto have participated in the preparation of this Agreement.
Appears in 8 contracts
Samples: Credit Agreement (FCA Acquisition Corp.), Credit Agreement (FreightCar America, Inc.), Credit Agreement (Aerocentury Corp)
Judicial Interpretation. Should any provision of this Agreement require judicial interpretation, it is agreed that a court interpreting or construing the same shall not apply a presumption that the terms hereof shall be more strictly construed against any Person person by reason of the rule of construction that a document is to be construed more strictly against the Person person who itself or through its agent prepared the same, it being agreed that all parties Parties have participated in the preparation of this Agreement.
Appears in 7 contracts
Samples: License Agreement (Biolargo, Inc.), License Agreement (Biolargo, Inc.), License Agreement (Biolargo, Inc.)
Judicial Interpretation. Should any provision of this Agreement require judicial interpretation, it is agreed that a court interpreting or construing the same shall not apply a presumption that the terms hereof shall be more strictly construed against any Person party by reason of the rule of construction that a document is to be construed more strictly against the Person party who itself or through its agent prepared the same, it being agreed that all both parties have participated in the preparation of this Agreement.
Appears in 7 contracts
Samples: Consulting Agreement (Generation Alpha, Inc.), Consulting Agreement (Energy Telecom, Inc.), Consulting Agreement (Stationdigital Corp)
Judicial Interpretation. Should any provision of this Agreement or any of the other transaction documents require judicial interpretation, it is agreed that a court interpreting or construing the same shall not apply a presumption that the terms hereof shall be more strictly construed against any Person by reason of the rule of construction that a document is to be construed more strictly against the Person who itself or through its agent prepared the same, it being agreed that all parties Parties have participated in the preparation of this Agreement.
Appears in 7 contracts
Samples: Pooling and Servicing Agreement (Contifinancial Corp), Pooling and Servicing Agreement (Contisecurities Asset Funding Corp), Pooling and Servicing Agreement (Contisecurities Asset Funding Corp)
Judicial Interpretation. Should any provision of this Agreement require judicial interpretation, it is agreed that a court interpreting or construing the same shall not apply a presumption that the terms hereof shall be more strictly construed against any Person by reason of the rule of construction that a document is to be construed more strictly against the Person who itself or through its agent prepared the same, it being agreed that all parties hereto have participated in the preparation of this Agreement.
Appears in 7 contracts
Samples: Credit Agreement (Green Plains Renewable Energy, Inc.), Credit Agreement (Select Comfort Corp), Term Loan Agreement (Rotonics Manufacturing Inc/De)
Judicial Interpretation. Should any provision of this Agreement require judicial interpretation, it is agreed that a court interpreting or construing the same shall not apply a presumption that the terms hereof shall be more strictly construed against any Person by reason of the rule of construction that a document is to be construed more strictly against the Person who itself or through its agent prepared the same, it being agreed that all parties Parties have participated in the preparation of this Agreement.
Appears in 6 contracts
Samples: Employment Agreement (iTech Medical, Inc.), Employment Agreement (Kensington Leasing, Ltd.), Employment Agreement (Tix CORP)
Judicial Interpretation. Should any provision of this Agreement require judicial interpretation, it is agreed that a court interpreting or construing the same shall not apply a presumption that the terms hereof shall be more strictly construed against any Person party by reason of the rule of construction that a document is to be construed more strictly against the Person party who itself or through its agent prepared the same, it being agreed that all parties have participated in the preparation of this Agreement.
Appears in 5 contracts
Samples: Waiver/Settlement Agreement (CHINA MOBILITY SOLUTIONS, INC. (Formerly Xin Net Corp.)), Conversion/Settlement Agreement (CHINA MOBILITY SOLUTIONS, INC. (Formerly Xin Net Corp.)), Conversion/Settlement Agreement (CHINA MOBILITY SOLUTIONS, INC. (Formerly Xin Net Corp.))
Judicial Interpretation. Should any provision of this Agreement require judicial interpretation, it is agreed that a the court interpreting or construing the same shall not apply a presumption that the terms hereof shall be more strictly construed against any Person one party by reason of the rule of construction that a document is to be construed more strictly against the Person party who itself or through its agent prepared the same, it being agreed that the agents of all parties have participated in the preparation of this Agreementhereof.
Appears in 5 contracts
Samples: Purchase and Sale Agreement (Medalist Diversified REIT, Inc.), Purchase and Sale Agreement (Preferred Apartment Communities Inc), Purchase and Sale Agreement (Preferred Apartment Communities Inc)
Judicial Interpretation. Should any provision of this Agreement Amendment require judicial interpretation, it is agreed that a court or other tribunal, as described in Section 14.13 of the Transaction Agreement, interpreting or construing the same shall not apply a presumption that the terms hereof shall be more strictly construed against any Person by reason of the rule of construction that a document is to be construed more strictly against the Person who itself or through its agent prepared the same, it being agreed that all parties have participated in the preparation of this AgreementAmendment.
Appears in 4 contracts
Samples: Transaction Agreement (Kansas City Southern), Transaction Agreement (Norfolk Southern Corp), Transaction Agreement (Norfolk Southern Corp)
Judicial Interpretation. Should any provision of this Agreement require judicial interpretation, it is agreed that a court interpreting or construing the same shall not apply a presumption that the terms hereof shall be more strictly construed against any Person Party by reason of the rule of construction that a document is to be construed more strictly against the Person party who itself or through its agent prepared the same, it being agreed that all parties Parties have participated in the preparation of this Agreement.
Appears in 3 contracts
Samples: Assignment Agreement (Lehman Brothers Holdings Inc), Flow Servicing Agreement, Settlement Agreement
Judicial Interpretation. Should any provision of this Agreement or any of the warrants require judicial interpretation, it is agreed that a court interpreting or construing the same shall not apply a presumption that the terms hereof or thereof shall be more strictly construed against any Person person by reason of the rule of construction that a document is to be construed more strictly against the Person person who itself or through its agent prepared the same, it being agreed that all parties have participated in the preparation of this AgreementAgreement and the Warrants.
Appears in 3 contracts
Samples: Consulting Agreement (Acro Inc.), Consulting Agreement (Q Matrix Inc), Consulting Agreement (Q Matrix Inc)
Judicial Interpretation. Should any provision of this Agreement require judicial interpretation, it is agreed that a court or other tribunal interpreting or construing the same shall not apply a presumption that the terms hereof shall be more strictly construed against any Person person by reason of the rule of construction that a document is to be construed more strictly against the Person person who itself or through its agent prepared the same, it being agreed that all parties have participated in the preparation of this Agreement.
Appears in 3 contracts
Samples: Executive Employment Agreement (AdvancePierre Foods Holdings, Inc.), Executive Employment Agreement (AdvancePierre Foods Holdings, Inc.), Transition and Separation Agreement (AdvancePierre Foods Holdings, Inc.)
Judicial Interpretation. Should any provision of this Agreement require judicial interpretation, it is agreed that a court interpreting or construing the same shall not apply a presumption that the terms hereof shall be more strictly construed against any Person person by reason of the rule of construction that a document is to be construed more strictly against the Person who person which itself or through its agent prepared the same, it being agreed that all parties Parties have participated in the preparation of this Agreement.
Appears in 3 contracts
Samples: Credit Enhancement Agreement (Fashion House Holdings Inc), Credit Enhancement Agreement (Fashion House Holdings Inc), Credit Enhancement Agreement (Westrec Capital Partners, LLC)
Judicial Interpretation. Should any provision of this Agreement require judicial interpretation, it is agreed that a the court interpreting or construing the same shall not apply a presumption that the terms hereof shall be more strictly construed against any Person one party by reason of the rule of construction that a document is to be construed more strictly against the Person party who itself or through its agent or attorney prepared the same, it being agreed that all the agents and attorneys of both parties have participated in the preparation of this Agreementhereof.
Appears in 3 contracts
Samples: Minimum Market Value Assessment Agreement, Development Agreement, Purchase and Development Agreement
Judicial Interpretation. Should any provision of this Agreement require judicial interpretation, it is agreed that a court or other tribunal, as described in Section 14.13, interpreting or construing the same shall not apply a presumption that the terms hereof shall be more strictly construed against any Person by reason of the rule of construction that a document is to be construed more strictly against the Person who itself or through its agent prepared the same, it being agreed that all parties have participated in the preparation of this Agreement.
Appears in 2 contracts
Samples: Transaction Agreement (Kansas City Southern), Transaction Agreement (Norfolk Southern Corp)
Judicial Interpretation. Should any provision of this Agreement require judicial interpretation, it is agreed that a court interpreting or construing the same this Agreement shall not apply a presumption that the terms hereof shall be more strictly construed against any Person by reason of the rule of construction that a document is to be construed more strictly against the Person who itself itself, or through by its agent agent, prepared the same, it being agreed that all and both parties have participated in the preparation of this Agreement.
Appears in 2 contracts
Samples: Employment Agreement (Airborne Wireless Network), Employment Agreement (Airborne Wireless Network)
Judicial Interpretation. Should any provision of this Agreement or any of the other Significant Documents require judicial interpretation, it is agreed that a court interpreting or construing the same shall not apply a presumption that the terms hereof shall be more strictly construed against any Person by reason of the rule of construction that a document is to be construed more strictly against the Person who itself or through its agent prepared the same, it being agreed that all the parties hereto have participated in the preparation of this Agreement.
Appears in 2 contracts
Samples: Subordinated Loan and Security Agreement (Specialty Underwriters Alliance, Inc.), Senior Loan and Security Agreement (Specialty Underwriters Alliance, Inc.)
Judicial Interpretation. Should any provision of this Agreement require judicial interpretationinterpretations, it is agreed that a that court interpreting or construing the same shall not apply a presumption that the terms hereof shall be more strictly construed against any Person one party by reason of the rule of construction that a document is to be construed more strictly against the Person party who itself or through its agent prepared the same, it being agreed that the agents of all parties have participated in the preparation of this Agreementhereof.
Appears in 2 contracts
Samples: Agreement for the Purchase and Sale (Historic Preservation Properties 1990 Lp Tax Credit Fund), Agreement for the Purchase and Sale (Historic Preservation Properties 1990 Lp Tax Credit Fund)
Judicial Interpretation. Should any provision of this Servicing Agreement require judicial interpretation, it is agreed that a court interpreting or construing the same shall not apply a presumption that the terms hereof shall be more strictly construed against any Person person by reason of the rule of construction that a document is to be construed more strictly against the Person person who itself or through its agent prepared the same, it being agreed that all parties hereto have participated in the preparation of this Servicing Agreement.
Appears in 2 contracts
Samples: Servicing Agreement (West Corp), Servicing Agreement (West Corp)
Judicial Interpretation. Should any provision of this Agreement or any of the representations made herein require judicial interpretation, it is agreed that a court interpreting or construing the same shall not apply a presumption that the terms hereof or thereof shall be more strictly construed against any Person person by reason of the rule of construction that a document is to be construed more strictly against the Person person who itself or through its agent prepared the same, it being agreed that all parties have participated in the preparation of this Agreement.
Appears in 2 contracts
Samples: Confidential Settlement Agreement and Mutual Release (Advanced BioPhotonics Inc.), Confidential Settlement Agreement and Mutual Release (Advanced BioPhotonics Inc.)
Judicial Interpretation. Should any provision of this Agreement require judicial interpretation, it is agreed that a court interpreting or construing the same shall not apply a presumption that the terms hereof shall be more strictly construed against any Person person by reason of the rule of construction that a document is to be construed more strictly against the Person person who itself or through its agent prepared the same, it being agreed that all parties hereto have participated in the preparation of this Agreement.. Page 13 β MICROHELIX/CAREPAYMENT SERVICING AGREEMENT
Appears in 2 contracts
Samples: Servicing Agreement (CarePayment Technologies, Inc.), Contribution Agreement (CarePayment Technologies, Inc.)
Judicial Interpretation. Should any provision of this Agreement require judicial interpretationinterpretation or construction, it is agreed that a court interpreting or construing the same there shall not apply a be no presumption that the terms hereof shall be more strictly construed or interpreted against any Person party hereto by reason of the rule of construction that a document is to be construed more strictly against the Person party hereto who itself or through its agent prepared the same, it being agreed that all parties have participated in the preparation of this Agreement.
Appears in 2 contracts
Samples: Construction Lien Indemnity Obligation Agreement (JCC Holding Co), Credit Enhancement Fee Agreement (JCC Holding Co)
Judicial Interpretation. Should any provision of this Agreement require judicial interpretation, it is agreed that a court or other tribunal interpreting or construing the same shall not apply a presumption that the terms hereof shall be more strictly construed against any Person person by reason of the rule of construction that a document is to be construed more strictly against the Person person who itself or through its agent prepared the same, it being agreed that all parties Parties have participated in the preparation of this Agreement.
Appears in 1 contract
Samples: Retirement and Consulting Agreement (Middleby Corp)
Judicial Interpretation. Should any provision of this Agreement ----------------------- or any of the other transaction documents require judicial interpretation, it is agreed that a court interpreting or construing the same shall not apply a presumption that the terms hereof shall be more strictly construed against any Person by reason of the rule of construction that a document is to be construed more strictly against the Person who itself or through its agent prepared the same, it being agreed that all parties Parties have participated in the preparation of this Agreement.
Appears in 1 contract
Samples: Sub Servicing Agreement (New Century Financial Corp)
Judicial Interpretation. Should any provision of this Agreement require judicial interpretation, it is agreed that a court interpreting or construing the same shall not apply a presumption that the terms hereof shall be more strictly construed against any Person party by reason of the rule of construction that a document is to be construed more strictly against the Person party who itself or through its agent prepared the same, it being agreed that all parties Parties have participated in the preparation of this Agreementhereof.
Appears in 1 contract
Samples: Forbearance Agreement (Hospitality Investors Trust, Inc.)
Judicial Interpretation. Should any provision of this Agreement require judicial interpretation, it is agreed that a court interpreting or construing the same shall not apply a presumption that the terms hereof shall be more strictly construed against any Person by reason of the rule of construction that a document is to be construed more strictly against the Person who itself or through its agent prepared the same, it being agreed that all parties have participated in the preparation of this Agreement.construed
Appears in 1 contract
Samples: Master Credit and Security Agreement (Credit Store Inc)
Judicial Interpretation. Should any provision of this Standby Agreement or any of the other Significant Documents require judicial interpretation, it is agreed that a court interpreting or construing the same shall not apply a presumption that the terms hereof shall be more strictly construed against any Person by reason of the rule of construction that a document is to be construed more strictly against the Person who itself or through its agent prepared the same, it being agreed that all parties have participated in the preparation of this Agreement.of
Appears in 1 contract
Judicial Interpretation. Should any provision of this Agreement or any of the Warrants require judicial interpretation, it is agreed that a court interpreting or construing the same shall not apply a presumption that the terms hereof or thereof shall be more strictly construed against any Person person by reason of the rule of construction that a document is to be construed more strictly against the Person person who itself or through its agent prepared the same, it being agreed that all parties have participated in the preparation of this AgreementAgreement and the Warrants.
Appears in 1 contract
Judicial Interpretation. Should any provision of this Agreement require judicial interpretation, it is agreed that a the court interpreting or construing the same shall not apply a presumption that the terms hereof shall be more strictly construed against any Person one party by reason of the rule of construction that a document is to be construed more strictly against the Person party who itself or through its agent prepared the same, it being agreed that all agreedthat the agents of both parties have participated in the preparation of this Agreementhereof.
Appears in 1 contract
Samples: Georgia State University
Judicial Interpretation. Should any provision of this Contribution Agreement require judicial interpretation, it is agreed that a court interpreting or construing the same shall not apply a presumption that the terms hereof shall be more strictly construed against any Person party by reason of the rule of construction that a document is to be construed more strictly against the Person party who itself or through its agent prepared the same, it being agreed that all parties have participated in the preparation of this Agreement.
Appears in 1 contract
Judicial Interpretation. Should any provision of this Agreement require judicial interpretation, it is agreed that a court interpreting or construing the same shall not apply a presumption that the terms hereof shall be more strictly construed against any Person by reason of the rule of construction that a document is to be construed more strictly against the Person who itself or through its agent prepared the same, it being agreed that all the parties hereto have participated in the preparation of this Agreement.
Appears in 1 contract
Judicial Interpretation. Should any provision of this Agreement Agreement, the Secured Note or any of the other Related Documents require judicial interpretation, it is agreed that a court interpreting or construing the same shall not apply a presumption that the terms hereof shall be more strictly construed against any Person by reason of the rule of construction that a document is to be construed more strictly against the Person who itself or through its agent prepared the same, it being agreed that all parties have participated in the preparation of this Agreement, the Secured Note and each of the Related Documents.
Appears in 1 contract
Samples: Asset Assignment Agreement (Green Tree Financial Corp)
Judicial Interpretation. Should any provision of this Agreement require judicial interpretation, it is agreed that a court interpreting or construing the same shall not apply a presumption that the terms hereof shall be more strictly construed against any Person by reason of the rule of construction that a document is to be construed more strictly against the Person who itself or through its agent prepared the same, it being agreed that all parties have participated in the preparation of this Agreement.
Appears in 1 contract
Judicial Interpretation. Should any provision of this Agreement ----------------------- Agreement, the Secured Note or any of the other Related Documents require judicial interpretation, it is agreed that a court interpreting or construing the same shall not apply a presumption that the terms hereof shall be more strictly construed against any Person by reason of the rule of construction that a document is to be construed more strictly against the Person who itself or through its agent prepared the same, it being agreed that all parties have participated in the preparation of this Agreement, the Secured Note and each of the Related Documents.
Appears in 1 contract
Samples: Subordinate Certificate Financing Agreement (BNC Mortgage Inc)
Judicial Interpretation. Should any provision of this Agreement require judicial interpretation, it is agreed that a court interpreting or construing the same shall not apply a presumption that the terms hereof shall be more strictly construed against any Person party by reason of the rule of construction that a document is to be construed more strictly against the Person party who itself or through its agent prepared the same, it being agreed that all both parties have participated in the preparation of this Agreement.. Exhibit 10.4
Appears in 1 contract
Judicial Interpretation. Should any provision of this Agreement require judicial interpretation, it is agreed that a court interpreting or construing the same shall not apply a presumption that the terms hereof shall be more strictly construed against any Person party by reason of the rule of construction that a document is to be construed more strictly against the Person party who itself or through its agent prepared the same, it being agreed that all parties hereto have participated in the preparation of this Agreement.
Appears in 1 contract
Judicial Interpretation. Should any provision of this Servicing Agreement require judicial interpretation, it is agreed that a court interpreting or construing the same shall not apply a presumption that the terms hereof shall be more strictly construed against any Person by reason of the rule of construction that a document is to be construed more strictly against the Person who itself or through its agent prepared the same, it being agreed that all parties have each party has participated in the preparation of this Servicing Agreement.. (SIGNATURE PAGE FOLLOWS)
Appears in 1 contract
Samples: Premium Receivable Servicing Agreement (Hallmark Financial Services Inc)
Judicial Interpretation. Should any provision of this Agreement require judicial arbitrator interpretation, it is agreed that a court the arbitrator interpreting or construing the same shall not apply a presumption that the terms hereof shall be more strictly construed against any Person person by reason of the rule of construction that a document is to be construed more strictly against the Person person who itself or through its agent prepared the same, it being agreed that all parties hereto have participated in the preparation of this Agreement.
Appears in 1 contract
Samples: Asset Management Agreement (Money With Meaning Fund, LLC)
Judicial Interpretation. Should any provision of this Agreement Agreement, the Reimbursement Agreement, the L/C Documents or any of the Additional Security Documents require judicial interpretation, it is agreed that a court interpreting or construing the same shall not apply a presumption that the terms hereof shall be more strictly construed against any Person party by reason of the rule of construction that a document is to be construed more strictly against the Person party who itself or through its agent prepared the same, it being agreed that all parties hereto have participated in the preparation of this Agreement.
Appears in 1 contract
Samples: Assignment and Modification Agreement (El Conquistador Partnership Lp)
Judicial Interpretation. Should any provision of this Agreement or the Note require judicial interpretation, it is agreed that a court interpreting or construing the same shall not apply a presumption that the terms hereof shall be more strictly construed against any Person by reason of the rule of construction that a document is to be construed more strictly against the Person who itself or through its agent prepared the same, it being agreed that all the parties hereto have participated in the preparation of this Agreement.
Appears in 1 contract
Judicial Interpretation. Should any provision of this Security Agreement require judicial interpretation, it is agreed that a court interpreting or construing the same shall not apply a presumption that the terms hereof shall be more strictly construed against any Person by reason of the rule of construction that a document is to be construed more strictly against the Person who itself or through its agent prepared the same, it being agreed that all parties hereto have participated in the preparation of this Security Agreement.
Appears in 1 contract
Samples: Security Agreement (West Corp)
Judicial Interpretation. Should any provision of this Agreement ----------------------- or any of the other transaction documents require judicial interpretation, it is agreed that a court interpreting or construing the same shall not apply a presumption that the terms hereof shall be more strictly construed against any Person party by reason of the rule of construction that a document is to be construed more strictly against the Person party who itself or through its agent prepared the same, it being agreed that all parties have participated in the preparation of this Agreement.
Appears in 1 contract
Samples: Sub Servicing Agreement (New Century Financial Corp)
Judicial Interpretation. Should any provision of this Agreement or any of the warrants require judicial interpretation, it is agreed that a court interpreting or construing the same shall not apply a presumption that the terms hereof or thereof shall be more strictly construed against any Person person by reason of the rule of construction that a document is to be construed more strictly against the Person person who itself or through its agent prepared the same, it being agreed that all parties have participated in the preparation of this Agreement.
Appears in 1 contract