Common use of Neutral Construction Clause in Contracts

Neutral Construction. The parties have negotiated this Agreement and all of the terms and conditions contained in this Agreement in good faith and at arms' length, and each party has been represented by counsel during such negotiations. No term, condition, or provision contained in this Agreement shall be construed against any party or in favor of any party (i) because such party or such party's counsel drafted, revised, commented upon, or did not comment upon, such term, condition, or provision; or (ii) because of any presumption as to any inequality of bargaining power between or among the parties. Furthermore, all terms, conditions, and provisions contained in this Agreement shall be construed and interpreted in a manner which is consistent with all other terms, conditions, and provisions contained in this Agreement.

Appears in 5 contracts

Samples: Asset Acquisition Agreement (Nco Group Inc), Registration Rights Agreement (Nco Group Inc), Operating Agreement (Numerex Corp /Pa/)

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Neutral Construction. The parties have negotiated this Agreement and all of the terms and conditions contained in this Agreement in good faith and at arms' length, and each party has been represented by counsel during such negotiations. No term, condition, or provision contained in this Agreement shall be construed against any party or in favor of any party party: (ia) because such party or such party's ’s counsel drafted, revised, commented upon, or did not comment upon, such term, condition, or provision; or (iib) because of any presumption as to any inequality of bargaining power between or among the parties. Furthermore, all terms, conditions, and provisions contained in this Agreement shall be construed and interpreted in a manner which is consistent with all other terms, conditions, and provisions contained in this Agreement.

Appears in 3 contracts

Samples: Asset Purchase Agreement (Encore Capital Group Inc), Asset Purchase Agreement (Lodgenet Entertainment Corp), Asset Purchase Agreement (Lodgenet Entertainment Corp)

Neutral Construction. The parties have negotiated this Agreement and all of the terms and conditions contained in this Agreement in good faith and at arms' length, and each party has been represented by counsel during such negotiations. No term, condition, or provision contained in this Agreement shall will be construed against any party or in favor of any party (i) because such party or such party's counsel drafted, revised, commented upon, or did not comment upon, such term, condition, or provision; or (ii) because of any presumption as to any inequality of bargaining power between or among the parties. Furthermore, all terms, conditions, and provisions contained in this Agreement shall will be construed and interpreted in a manner which is consistent with all other terms, conditions, and provisions contained in this Agreement.

Appears in 2 contracts

Samples: Asset Purchase Agreement (Cross Media Marketing Corp), Distributor Agreement (Composite Technology Corp)

Neutral Construction. The parties have negotiated this Agreement and all of the terms and conditions contained in this Agreement herein in good faith and at arms' length, and each party has been represented by counsel during such negotiations. No term, condition, condition or provision contained in this Agreement shall be construed against any party or in favor of any party (ix) because such party or such party's counsel drafted, revised, commented upon, upon or did not comment upon, such term, condition, condition or provision; or (iiy) because of any presumption as to any inequality of bargaining power between or among the parties. Furthermore, all terms, conditions, conditions and provisions contained in this Agreement shall be construed and interpreted in a manner which is consistent with all other terms, conditions, conditions and provisions contained in this Agreement.

Appears in 2 contracts

Samples: Stock Purchase Agreement (Numerex Corp /Pa/), Stock Purchase Agreement (Rye 68, LLC)

Neutral Construction. The parties have negotiated this Agreement and all of the terms and conditions contained in this Agreement in good faith and at arms' length, and each party has been represented by counsel during such negotiations. No term, condition, or provision contained in this Agreement shall be construed against any party or in favor of any party (i) because such party or such party's counsel drafted, revised, commented upon, or did not comment upon, such term, condition, or provision; or (ii) because of any presumption as to any inequality of bargaining power between or nor among the parties. Furthermore, all terms, conditions, and provisions contained in this Agreement shall be construed and interpreted in a manner which is consistent with all other terms, conditions, and provisions contained in this Agreement.

Appears in 2 contracts

Samples: Stock Exchange Agreement (Booth Charles Inc), Stock Exchange Agreement (Adva International Inc)

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Neutral Construction. The parties have negotiated this Agreement and all of ------------------------- the terms and conditions contained in this Agreement in good faith and at arms' length, and each party has been represented by counsel during such negotiations. No term, condition, or provision contained in this Agreement shall be construed against any party or in favor of any party (i) because such party or such party's counsel drafted, revised, commented upon, or did not comment upon, such term, condition, or provision; or (ii) because of any presumption as to any inequality of bargaining power between or nor among the parties. Furthermore, all terms, terms conditions, and provisions contained in this Agreement shall be construed and interpreted in a manner which is consistent with all other terms, conditions, and provisions contained in this Agreement.

Appears in 1 contract

Samples: Stock Purchase Agreement (Sunrise Usa Inc)

Neutral Construction. The parties have negotiated this Agreement and -------------------- all of the terms and conditions contained in this Agreement in good faith and at arms' length, and each party has been represented by counsel during such negotiations. No term, condition, or provision contained in this Agreement shall be construed against any party or in favor of any party (i) because such party or such party's counsel drafted, revised, commented upon, or did not comment upon, such term, condition, or provision; or (ii) because of any presumption as to any inequality of bargaining power between or among the parties. Furthermore, all terms, conditions, and provisions contained in this Agreement shall be construed and interpreted in a manner which is consistent with all other terms, conditions, and provisions contained in this Agreement.

Appears in 1 contract

Samples: Corporate Buy Sell Agreement (Pierce Leahy Corp)

Neutral Construction. The parties have negotiated this Agreement Warrant and all of the terms and conditions contained in this Agreement Warrant in good faith and at arms' length, and each party has been represented by counsel during such negotiations. No term, condition, or provision contained in this Agreement shall be construed against any party or in favor of any party (i) because such party or such party's counsel drafted, revised, commented upon, or did not comment upon, such term, condition, or provision; or (ii) because of any presumption as to any inequality of bargaining power between or among the parties. Furthermore, all terms, conditions, and provisions contained in this Agreement Warrant shall be construed and interpreted in a manner which is consistent with all other terms, conditions, and provisions contained in this AgreementWarrant.

Appears in 1 contract

Samples: Warrant Agreement (Nco Group Inc)

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