Negotiated Provisions. This Agreement shall not be construed more strictly against one party than against the other merely by virtue of the fact that it may have been prepared by counsel for one of the parties, it being acknowledged that each party has contributed substantially and materially to the preparation of this Agreement.
Negotiated Provisions. The rule of construction by which the terms of a contract are construed against the drafting party shall not apply to this Agreement or any interpretation of it.
Negotiated Provisions. 32 10.23. The Foreign Investment In Real Property Tax Act and Colorado Department of Revenue Form 1083. . . . . . . . . . . . . . . . . 33 10.24. No Implied Waiver. . . . . . . . . . . . . . . . . . . . .
Negotiated Provisions. This Agreement shall not be construed more strictly against one party than against the other merely by virtue of the fact that it may have been prepared by counsel for one of the parties, it being recognized that both Mission and Buyer have contributed substantially and materially to the preparation of this Agreement.
Negotiated Provisions. Guarantor acknowledges and agrees that each and every provision of this Guaranty has been independently, separately and freely negotiated as if this Guaranty were drafted by both parties. Guarantor, therefore, waives any statutory or common law presumption which would serve to have this document construed in its favor or against Landlord.
Negotiated Provisions the following provisions are incorporated herein and shall govern in the event of any inconsistency with the provisions set forth in Attachments 1 through 5:
5.1. In Section 3.1 of Attachment 2, the phrase “EX WORKS Vocera’s point-of-origin (in accordance with Incoterms 2000)” shall be deleted and replaced with “FOB End User’s destination.”
5.2. In Section 4.3 of Attachment 2, the first sentence is deleted in its entirety and replaced with the following: “Payment shall be due net thirty (30) days from the date of receipt of invoice, which shall be on or subsequent to the date of shipment.”
5.3. The first sentence of Section 10.3 of Attachment 2 is deleted in its entirety and replaced with the following: “The Master Purchase Agreement is personal to the parties, and neither party may assign or otherwise transfer any of its rights or obligations hereunder, whether voluntarily or otherwise, without the prior written consent of the other, not to be unreasonably withheld.”
Negotiated Provisions. Notwithstanding the fact that this Lease was initially prepared by City, Owner acknowledges that: (i) the final version of this Lease was prepared by the joint efforts of City and Owner; (ii) that Owner has had an opportunity to review this Lease, consult with its attorney, and negotiate the provisions hereof prior to the execution hereof; (iii) the final version of this Lease is a fair and equitable instrument; and
Negotiated Provisions. This Agreement shall not be construed more strictly against a party by virtue of the fact that a contract may be more strictly construed against the party preparing the contract, it being understood and agreed that both the City and the Developer have equally negotiated the provisions hereof and contributed substantially and materially to the preparation of this Agreement.
Negotiated Provisions. This Agreement shall not be construed more strictly against one party than against the other merely by virtue of the fact that it may have been prepared by counsel for one of the parties, it being recognized that both Lyons and Longmont have contributed substantially and materially to the preparation of this Agreement.
Negotiated Provisions. This Management Agreement will not be construed more strictly against one Party than against the other merely by virtue of the fact that it may have been prepared by counsel for one of the Parties, it being acknowledged that each Party has contributed substantially and materially to the preparation of this Agreement.
