Common use of No Presumption Against Drafter Clause in Contracts

No Presumption Against Drafter. Each of the parties hereto has jointly participated in the negotiation and drafting of this Agreement. In the event an ambiguity or a question of intent or interpretation arises, this Agreement shall be construed as if drafted jointly by each of the parties hereto and no presumptions or burdens of proof shall arise favoring any party by virtue of the authorship of any provisions of this Agreement.

Appears in 68 contracts

Samples: Employment Agreement (Hospitality Investors Trust, Inc.), Employment Agreement (Hospitality Investors Trust, Inc.), Employment Agreement (Hospitality Investors Trust, Inc.)

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No Presumption Against Drafter. Each of the parties hereto has jointly participated in the negotiation and drafting of this Agreement. In the event an there arises any ambiguity or a question of or intent or interpretation ariseswith respect to this Agreement, this Agreement shall be construed as if drafted jointly by each all of the parties hereto and no presumptions or burdens of proof shall arise favoring any party by virtue of the authorship of any of the provisions of this Agreement.

Appears in 46 contracts

Samples: Foreign Global Hyatt Agreement (Hyatt Hotels Corp), Global Hyatt Agreement (Hyatt Hotels Corp), Registration Rights Agreement (UL Solutions Inc.)

No Presumption Against Drafter. Each of the parties hereto has jointly participated in the negotiation and drafting of this Agreement. In the event of an ambiguity or a question of intent or interpretation arises, this Agreement shall be construed as if drafted jointly by each of the parties hereto and no presumptions or burdens of proof shall arise favoring any party hereto by virtue of the authorship of any of the provisions of this Agreement.

Appears in 28 contracts

Samples: Merger Agreement (Metals USA Plates & Shapes Southcentral, Inc.), Voting Agreement (Optelecom-Nkf, Inc.), Support Agreement (Image Entertainment Inc)

No Presumption Against Drafter. Each of the parties hereto has jointly participated in the negotiation and drafting of this Agreement. In the event of an ambiguity or a question of intent or interpretation arises, this Agreement shall be construed as if drafted jointly by each of the parties hereto and no presumptions or burdens of proof shall arise favoring any party by virtue of the authorship of any of the provisions of this Agreement.

Appears in 16 contracts

Samples: Master Fuel Purchase and Sale Agreement (Foresight Energy LP), Master Fuel Purchase and Sale Agreement (Foresight Energy Partners LP), Transition Services Agreement (Wells Real Estate Investment Trust Ii Inc)

No Presumption Against Drafter. Each of the parties hereto has have jointly participated in the negotiation and drafting of this Agreement. In the event of an ambiguity or a question of intent or interpretation arises, this Agreement shall be construed as if drafted jointly by each of the parties hereto and no presumptions or burdens of proof shall arise favoring any party by virtue of the authorship of any of the provisions of this Agreement.

Appears in 15 contracts

Samples: Agreement of Limited Partnership (InfraREIT, Inc.), Limited Partnership Agreement (InfraREIT, Inc.), Limited Partnership Agreement (InfraREIT, Inc.)

No Presumption Against Drafter. Each of the parties hereto Parties has jointly participated in the negotiation and drafting of this Agreement. In the event an of any ambiguity or a question of intent or interpretation arises, this Agreement shall be construed as if drafted jointly by each of the parties hereto Parties and no presumptions or burdens of proof shall arise favoring any party Party by virtue of the authorship of any of the provisions of this Agreement.

Appears in 11 contracts

Samples: Acquisition Agreement (Allegiancy, LLC), Exchange Agreement (Arrowhead Research Corp), Employee Salary Exchange Agreement (Epic Energy Resources, Inc.)

No Presumption Against Drafter. Each of the The parties hereto has have participated jointly participated in the negotiation negotiating and drafting of this Agreementagreement. In the event that an ambiguity or a question of intent or interpretation arises, this Agreement shall be construed as if drafted jointly by each of the parties hereto parties, and no presumptions presumption or burdens burden of proof shall arise favoring or disfavoring any party by virtue of the authorship of any provisions provision of this Agreement.

Appears in 9 contracts

Samples: Voting Agreement (PureTech Health PLC), Right of First Refusal and Co Sale Agreement (PureTech Health PLC), Investors’ Rights Agreement (PureTech Health PLC)

No Presumption Against Drafter. Each of the parties hereto has jointly participated in the negotiation and drafting of this Agreement. In the event an of any ambiguity or a question of intent or interpretation arises, this Agreement shall be construed as if drafted jointly by each of the parties hereto and no presumptions or burdens of proof shall arise favoring any party by virtue of the authorship of any of the provisions of this Agreement.

Appears in 9 contracts

Samples: Shareholders' Agreement (Smith Charles E Residential Realty Lp), Shareholders' Agreement (Provident American Corp), Agreement and Plan of Reorganization (Healthaxis Inc)

No Presumption Against Drafter. Each of the parties hereto has jointly participated in the negotiation and drafting of this Agreement. In the event of an ambiguity or a question of intent or interpretation arises, this Agreement shall be construed as if drafted jointly by each of the parties hereto parties, and no presumptions or burdens of proof shall arise favoring any party by virtue of the authorship of any of the provisions of this Agreement.

Appears in 6 contracts

Samples: Master Modification Agreement (Behringer Harvard Multifamily Reit I Inc), Master Modification Agreement (Behringer Harvard Reit I Inc), License Agreement (Behringer Harvard Multifamily Reit I Inc)

No Presumption Against Drafter. Each of the parties hereto has jointly participated in the negotiation and drafting of this Agreement. In the event of an ambiguity or if a question of intent or interpretation arises, this Agreement shall be construed as if drafted jointly by each of the parties hereto and no presumptions or burdens of proof shall arise favoring any party by virtue of the authorship of any of the provisions of this Agreement.

Appears in 6 contracts

Samples: Stock Purchase Agreement (Primis Financial Corp.), Stock Purchase Agreement (Primis Financial Corp.), Asset Purchase Agreement (F3 Platform Biologics INC)

No Presumption Against Drafter. Each of the parties hereto Parties has jointly participated in the negotiation and drafting of this Agreement. In the event an of any ambiguity or if a question of intent or interpretation arises, this Agreement shall be construed as if drafted jointly by each of the parties hereto Parties and no presumptions or burdens of proof shall arise favoring any party Party by virtue of the authorship of any of the provisions of this Agreement.

Appears in 5 contracts

Samples: Stockholders Agreement, Exchange Agreement, Exchange Agreement

No Presumption Against Drafter. Each of the parties hereto has jointly participated in the negotiation and drafting of this Agreement. In the event of an ambiguity or a question of intent or interpretation arises, this Agreement shall be construed as if drafted jointly by each of the parties hereto and no presumptions or burdens of proof shall arise favoring any party by virtue of the authorship of any of the provisions of this Agreement.. * * * * *

Appears in 4 contracts

Samples: Merger Agreement (Security Capital Pacific Trust), Merger Agreement (Security Capital Industrial Trust), Merger Agreement (Security Capital Atlantic Inc)

No Presumption Against Drafter. Each of the parties hereto has jointly participated in the negotiation and drafting of this Agreement. In the event an that there arises any ambiguity or a question of intent or interpretation ariseswith respect to this Agreement, this Agreement shall be construed as if drafted jointly by each all of the parties hereto and no presumptions or burdens of proof shall arise favoring any party by virtue of the authorship of any of the provisions of this Agreement.

Appears in 4 contracts

Samples: Stock Purchase Agreement (Nexiq Technologies Inc), Stock Purchase Agreement (Financial Performance Corp), Consulting Agreement (Brandpartners Group Inc)

No Presumption Against Drafter. Each of the parties Parties hereto has jointly participated in the negotiation and drafting of this Agreement. In the event of an ambiguity or a question of intent or interpretation arises, this Agreement shall be construed as if drafted jointly by each of the parties Parties hereto and no presumptions or burdens of proof shall arise favoring any party Party by virtue of the authorship of any of the provisions of this Agreement.

Appears in 3 contracts

Samples: Asset Purchase Agreement, General Terms and Conditions (Foresight Energy LP), General Terms and Conditions (Foresight Energy Partners LP)

No Presumption Against Drafter. Each of the parties The Parties hereto has have jointly participated in the negotiation and drafting of this Agreement. In the event an ambiguity or a question of intent or interpretation arises, this Agreement shall be construed as if drafted jointly by each of the parties Parties hereto and no presumptions or burdens of proof shall arise favoring any party Party by virtue of the authorship of any provisions of this Agreement.

Appears in 3 contracts

Samples: Executive Employment Agreement (iCoreConnect Inc.), Executive Employment Agreement (iCoreConnect Inc.), Executive Employment Agreement (iCoreConnect Inc.)

No Presumption Against Drafter. Each of the parties hereto has The Parties have participated jointly participated in the negotiation and drafting of this Agreement. In Agreement and, in the event an ambiguity or a question of intent or interpretation arises, this Agreement shall will be construed as if jointly drafted jointly by each of the parties hereto Parties and no presumptions presumption or burdens burden of proof shall will arise favoring or disfavoring any party Party by virtue of the authorship of any provisions provision of this Agreement.

Appears in 3 contracts

Samples: Shareholders Agreement (V2X, Inc.), Asset Purchase Agreement (BOISE CASCADE Co), Asset Purchase Agreement (BOISE CASCADE Co)

No Presumption Against Drafter. Each of the parties hereto has have jointly participated in the negotiation and drafting of this Agreement. In the event of an ambiguity or if a question of intent or interpretation arises, this Agreement shall be construed as if drafted jointly by each of the parties hereto and no presumptions or burdens of proof shall arise favoring any party by virtue of the authorship of any of the provisions of this Agreement.

Appears in 3 contracts

Samples: Registration Rights and Lock Up Agreement (InfraREIT, Inc.), Registration Rights and Lock Up Agreement (InfraREIT, Inc.), Registration Rights and Lock Up Agreement (InfraREIT, Inc.)

No Presumption Against Drafter. Each of the parties hereto has jointly participated in the negotiation and drafting of this Agreement. In the event an of any ambiguity or a question of intent or interpretation arisesinterpretation, this Agreement shall be construed as if drafted jointly by each of the parties hereto and no presumptions or burdens of proof shall arise favoring any party by virtue of the authorship of any of the provisions of this Agreement.

Appears in 3 contracts

Samples: Services Agreement (WestRock Co), Services Agreement (Ingevity Corp), Long Term Fiber Supply Agreement (Kapstone Paper & Packaging Corp)

No Presumption Against Drafter. Each of the parties hereto has jointly participated in the negotiation and drafting of this Agreement. In the event of an ambiguity or a question of intent or interpretation arises, this Agreement shall be construed as if drafted jointly by each of the parties hereto and no presumptions or burdens of proof shall arise favoring any party by virtue of the authorship of any of the provisions of this Agreement.

Appears in 3 contracts

Samples: Membership Interest Subscription Agreement (General Motors Corp), Membership Interest Subscription Agreement (Gmac LLC), Exchange Agreement (Gmac LLC)

No Presumption Against Drafter. Each of the parties hereto has jointly participated in the negotiation and drafting of this Agreement. In the event an of any ambiguity or a question of intent or interpretation arises, this Agreement shall be construed as if drafted jointly by each of the parties hereto and no presumptions or burdens of proof shall arise favoring any party by virtue of the authorship of any of the provisions of this Agreement.

Appears in 3 contracts

Samples: Transunion Master Agreement for Consumer Reporting and Ancillary Services (Upstart Holdings, Inc.), Master Agreement for Consumer Reporting and Ancillary Services (Upstart Holdings, Inc.), Settlement Agreement (Danielson Holding Corp)

No Presumption Against Drafter. Each of the The parties hereto has have jointly participated in the negotiation and drafting of this Agreement. In the event of an ambiguity or if a question of intent or interpretation arises, this Agreement shall be construed as if drafted jointly by each all of the parties hereto and no presumptions or burdens of proof shall arise favoring any party by virtue of the authorship of any of the provisions of this Agreement.

Appears in 3 contracts

Samples: Limited Partnership Agreement (Standard Parking Ii LLC), Limited Liability Company Agreement (Inforte Corp), Stockholders Agreement (Telehub Communications Corp)

No Presumption Against Drafter. Each of the parties hereto has jointly participated in the negotiation and drafting of this Agreement. In the event an there arises any ambiguity or a question of intent or interpretation ariseswith respect to this Agreement, this Agreement shall be construed as if drafted jointly by each all of the parties hereto and no presumptions or nor burdens of proof shall arise favoring any party by virtue of the authorship of any of the provisions of this Agreement.

Appears in 3 contracts

Samples: Stock Purchase Agreement (Telkonet Inc), Asset Purchase Agreement (Telkonet Inc), Unit Purchase Agreement (Telkonet Inc)

No Presumption Against Drafter. Each of the parties hereto Parties to this Agreement has jointly participated in the negotiation and drafting of this Agreement. In the event an there arises any ambiguity or a question of intent or interpretation ariseswith respect to this Agreement, this Agreement shall be construed as if drafted jointly by each all of the parties hereto Parties to this Agreement and no presumptions or nor burdens of proof shall arise favoring any party Party by virtue of the authorship of any of the provisions of this Agreement.

Appears in 3 contracts

Samples: Stock Purchase Agreement, Stock Purchase Agreement (Willbros Group, Inc.\NEW\), Stock Purchase Agreement (Kforce Inc)

No Presumption Against Drafter. Each of the parties hereto Parties has jointly participated in the negotiation and drafting of this Agreement. In the event of an ambiguity or a question of intent or interpretation arises, this Agreement shall be construed as if drafted jointly by each of the parties hereto Parties and no presumptions or burdens of proof shall arise favoring any party by virtue of the authorship of any of the provisions of this Agreement. Both Parties unequivocally agree that the drafter shall also not be held liable for any of the content contained in this agreement therein as the terms and conditions are duly agreed upon by both Parties.

Appears in 2 contracts

Samples: Loan Agreement (Ark7 Properties LLC), Loan Agreement (Ark7 Properties LLC)

No Presumption Against Drafter. Each of the parties hereto has have jointly participated in the negotiation and drafting of this Agreement. In the event of an ambiguity or a question of intent or interpretation arises, this Agreement shall be construed as if drafted jointly by each of the parties hereto and no presumptions or burdens of proof shall arise favoring any party by virtue of the authorship of any of the provisions of this Agreement.. * * * * *

Appears in 2 contracts

Samples: Merger Agreement (Security Capital U S Realty), Merger Agreement (Security Capital Pacific Trust)

No Presumption Against Drafter. Each of the parties hereto has jointly participated in the negotiation and drafting of this Agreement. In the event of an ambiguity or a question of intent or interpretation arises, this Agreement shall be construed as if drafted jointly by each of the parties hereto parties, and no presumptions or burdens of proof shall arise favoring any party by virtue of the authorship of any of the provisions of this Agreement.. [Signature Page Follows]

Appears in 2 contracts

Samples: Master Modification Agreement (Behringer Harvard Multifamily Reit I Inc), Transition Services Agreement (Behringer Harvard Multifamily Reit I Inc)

No Presumption Against Drafter. Each of the parties hereto Parties has jointly participated in the negotiation and drafting of this Agreement. In the event an of any ambiguity or if a question of intent or interpretation arises, this Agreement shall be construed as if drafted jointly by each of the parties hereto Parties and no presumptions or burdens of proof shall arise favoring any party Party by virtue of the authorship of any of the provisions of this Agreement.Agreement.‌

Appears in 2 contracts

Samples: Agreement and Plan of Acquisition, Agreement and Plan of Acquisition

No Presumption Against Drafter. Each of the parties hereto Parties has jointly participated in the negotiation and drafting of this Agreement. In the event of an ambiguity or if a question of intent or interpretation arises, this Agreement shall be construed as if drafted jointly by each of the parties hereto Parties, and no presumptions or burdens of proof shall arise favoring any party Party by virtue of the authorship of any of the provisions of this Agreement.

Appears in 2 contracts

Samples: Asset Acquisition Agreement (Inland American Real Estate Trust, Inc.), Master Modification Agreement (Inland American Real Estate Trust, Inc.)

No Presumption Against Drafter. Each of the parties hereto has jointly participated in the negotiation and drafting of this Agreement. In the event of an ambiguity or a question of intent or interpretation arises, this Agreement shall be construed as if drafted jointly by each of the parties hereto and no presumptions or burdens of proof shall arise favoring any party hereto by virtue of the authorship of any of the provisions of this Agreement. [Signature Page Follows.]

Appears in 2 contracts

Samples: Voting Agreement (ACME Global Inc.), Option and Support Agreement (Corvu Corp)

No Presumption Against Drafter. Each of the parties Parties hereto has jointly participated in the negotiation and drafting of this Agreement. In the event an there arises any ambiguity or a question of intent or interpretation ariseswith respect to this Agreement, this Agreement shall be construed as if drafted jointly by each all of the parties Parties hereto and no presumptions or nor burdens of proof shall arise favoring any party Party by virtue of the authorship of any of the provisions of this Agreement.

Appears in 2 contracts

Samples: Stock Purchase Agreement, Stock Purchase Agreement (Kforce Inc)

No Presumption Against Drafter. Each of the parties hereto Parties has jointly participated in the negotiation and drafting of this Agreement. In the event of an ambiguity or a question of intent or interpretation arises, this Agreement shall be construed as if drafted jointly by each of the parties hereto Parties, and no presumptions or burdens of proof shall arise favoring any party by virtue of the authorship of any of the provisions of this Agreement.

Appears in 2 contracts

Samples: Master Modification Agreement (Behringer Harvard Multifamily Reit I Inc), Master Modification Agreement (Behringer Harvard Reit I Inc)

No Presumption Against Drafter. Each of the parties hereto has jointly ------------------------------ participated in the negotiation and drafting of this Agreement. In the event of an ambiguity or a question of intent or interpretation arises, this Agreement shall be construed as if drafted jointly by each of the parties hereto and no presumptions or burdens of proof shall arise favoring any party by virtue of the authorship of any of the provisions of this Agreement.

Appears in 2 contracts

Samples: Purchase and Sale Agreement (Catellus Development Corp), Purchase and Sale Agreement (Carramerica Realty Corp)

No Presumption Against Drafter. Each of the The parties hereto has have participated jointly participated in the negotiation and drafting of this Agreement. In Agreement and, in the event an ambiguity or a question of intent or interpretation arises, this Agreement shall be construed as if jointly drafted jointly by each of the parties hereto and no presumptions presumption or burdens burden of proof shall arise favoring or disfavoring any party by virtue of the authorship of any provisions provision of this Agreement.

Appears in 2 contracts

Samples: Purchase Agreement (TransUnion), Merger Agreement (Nexxus Lighting, Inc.)

No Presumption Against Drafter. Each of the parties hereto has jointly participated in the negotiation and drafting of this Agreement. In the event an there arises any ambiguity or a question of intent or interpretation ariseswith respect to this Agreement, this Agreement shall be construed as if drafted jointly by each of the parties hereto and no presumptions or burdens of proof shall arise favoring any party by virtue of the authorship of any of the provisions of this Agreement.

Appears in 2 contracts

Samples: Change of Control Agreement (Reliant Pharmaceuticals, Inc.), Change of Control Agreement (Reliant Pharmaceuticals, Inc.)

No Presumption Against Drafter. Each of the parties hereto has ------------------------------ jointly participated in the negotiation and drafting of this Agreement. In the event of an ambiguity or a question of intent or interpretation arises, this Agreement shall be construed as if drafted jointly by each of the parties hereto and no presumptions or burdens of proof shall arise favoring any party by virtue of the authorship of any of the provisions of this Agreement.

Appears in 2 contracts

Samples: Purchase and Sale Agreement (California Public Employees Retirement System), Purchase and Sale Agreement (Archstone Communities Trust/)

No Presumption Against Drafter. Each of the parties hereto has jointly participated in the negotiation and drafting of this Agreement. In the event of an ambiguity or if a question of intent or interpretation arises, this Agreement shall be construed as if drafted jointly by each of the parties hereto and no presumptions or burdens of proof shall arise favoring any party Party by virtue of the authorship of any of the provisions of this Agreement.

Appears in 2 contracts

Samples: Asset Purchase Agreement, Asset Purchase Agreement (MULTI COLOR Corp)

No Presumption Against Drafter. Each of the parties hereto Parties has jointly participated in the negotiation and drafting of this Agreement. In the event an there arises any ambiguity or a question of intent or interpretation ariseswith respect to this Agreement, this Agreement shall will be construed as if drafted jointly by each of the parties hereto Parties and no neither presumptions or nor burdens of proof shall will arise favoring any party Party by virtue of the authorship of any of the provisions of this Agreement. Each Party has been duly represented by legal counsel.

Appears in 1 contract

Samples: Patent Contribution Agreement (Kaival Brands Innovations Group, Inc.)

No Presumption Against Drafter. Each of the parties hereto has jointly participated in the negotiation and drafting of this Agreement. In the event an of any ambiguity or a question of intent or interpretation arises, this Agreement shall be construed as if drafted jointly by each of the parties hereto parties, and no presumptions presumption or burdens burden of proof shall arise favoring any either party by virtue of the authorship of any of the provisions of this Agreement.

Appears in 1 contract

Samples: Opportunity Agreement (Omega Worldwide Inc)

No Presumption Against Drafter. Each of the parties hereto has The Parties have participated jointly participated in the negotiation and drafting of this Agreement. In Agreement and, in the event an ambiguity or a question of intent or interpretation arises, this Agreement shall be construed as if jointly drafted jointly by each of the parties hereto Parties and no presumptions presumption or burdens burden of proof shall arise favoring or disfavoring any party Party by virtue of the authorship of any provisions provision of this Agreement.

Appears in 1 contract

Samples: Purchase Agreement (Great Wolf Resorts, Inc.)

No Presumption Against Drafter. Each of the parties Parties hereto has jointly participated in the negotiation and drafting of this Agreement. In the event of an ambiguity or if a question of intent or interpretation arises, this Agreement shall be construed as if drafted jointly by each of the parties Parties hereto and no presumptions or burdens of proof shall arise favoring any party by virtue of the authorship of any of the provisions of this Agreement.

Appears in 1 contract

Samples: Contribution and Stock Purchase Agreement (Anteris Technologies Global Corp.)

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No Presumption Against Drafter. Each of the parties hereto Parties has jointly participated in the negotiation and drafting of this Agreement. In the event an there arises any ambiguity or a question of or intent or interpretation ariseswith respect to this Agreement, this Agreement shall be construed as if drafted jointly by each all of the parties hereto Parties and no presumptions or burdens of proof shall arise favoring any party Party by virtue of the authorship of any of the provisions of this Agreement.

Appears in 1 contract

Samples: Stock Purchase Agreement (Jounce Therapeutics, Inc.)

No Presumption Against Drafter. Each of the The parties hereto has have jointly participated in the negotiation and drafting of this Agreement. In the event an of any ambiguity or in the event a question of intent or interpretation arises, this Agreement shall be construed as if drafted jointly by each of the parties hereto and no presumptions or burdens of proof shall arise favoring in favor of any party by virtue of the authorship of any provisions provision of this Agreement.

Appears in 1 contract

Samples: Supplement to Private Placement Memorandum

No Presumption Against Drafter. Each of the parties hereto Parties has jointly participated in the negotiation and drafting of this Agreement. In the event an of any ambiguity or if a question of intent or interpretation arises, this Agreement shall be construed as if drafted jointly by each of the parties hereto Parties and no presumptions or burdens of proof shall arise favoring any party Party by virtue of the authorship of any of the provisions of this Agreement.

Appears in 1 contract

Samples: Affiliation Agreement

No Presumption Against Drafter. Each of the parties hereto has jointly ------------------------------- participated in the negotiation and drafting of this Agreement. In the event of an ambiguity or a question of intent or interpretation arises, this Agreement shall be construed as if drafted jointly by each of the parties hereto and no presumptions or burdens of proof shall arise favoring any party by virtue of the authorship of any of the provisions of this Agreement.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Security Capital Group Inc/)

No Presumption Against Drafter. Each All of the parties hereto has have jointly participated in the negotiation and drafting of this Agreement. In the event an of any ambiguity or a question of intent or interpretation arises, this Agreement shall be construed as if drafted jointly by each of the all parties hereto and no presumptions presumption or burdens burden of proof shall arise favoring any party by virtue of the authorship of any provisions of this Agreement.

Appears in 1 contract

Samples: Asset Purchase and Transfer Agreement (Uici)

No Presumption Against Drafter. Each of the parties hereto Parties has jointly participated in the negotiation and drafting of this Agreement. In the event of an ambiguity or a question of intent or interpretation arises, this Agreement shall be construed as if drafted jointly by each of the parties hereto Parties and no presumptions or burdens of proof shall arise favoring any party Party by virtue of the authorship of any of the provisions of this Agreement. All Parties unequivocally agree that the drafter shall also not be held liable for any of the content contained in this agreement therein as the terms and conditions are duly agreed upon by both Parties.

Appears in 1 contract

Samples: Assignment and Assumption Agreement (Ark7 Properties LLC)

No Presumption Against Drafter. Each of the parties hereto has jointly participated in the negotiation and drafting of this Agreement. In the event of an ambiguity or a question of intent or interpretation arises, this Agreement shall be construed as if drafted jointly by each of the parties hereto and no presumptions or burdens of proof shall arise favoring any party by virtue of the authorship of any of the provisions of this Agreement.. ARTICLE 1.16

Appears in 1 contract

Samples: Merger Agreement (Inland Real Estate Corp)

No Presumption Against Drafter. Each of the parties hereto has jointly participated in the negotiation and drafting of this Agreement. In the event an of any ambiguity or a question of intent or interpretation arises, this Agreement shall be construed as if drafted jointly by each of the parties hereto and no presumptions or burdens of proof shall arise favoring any party by virtue of the authorship of any of the provisions of this Agreement.. * * * * *

Appears in 1 contract

Samples: Opportunity Agreement (Omega Worldwide Inc)

No Presumption Against Drafter. Each of the parties hereto has have ------------------------------ jointly participated in the negotiation and drafting of this Agreement. In the event of an ambiguity or a question of intent or interpretation arises, this Agreement shall be construed as if drafted jointly by each of the parties hereto and no presumptions or burdens of proof shall arise favoring any party by virtue of the authorship of any of the provisions of this Agreement.

Appears in 1 contract

Samples: Protection of Business Agreement (Security Capital Pacific Trust)

No Presumption Against Drafter. Each of the parties hereto has jointly participated in the negotiation and drafting of this Letter Agreement. In the event of an ambiguity or a question of intent or interpretation arises, this Letter Agreement shall be construed as if drafted jointly by each of the parties hereto hereto, and no presumptions or burdens of proof shall arise favoring any party by virtue of the authorship of any of the provisions of this Letter Agreement.

Appears in 1 contract

Samples: Merger Agreement (Inland Western Retail Real Estate Trust Inc)

No Presumption Against Drafter. Each of the parties hereto has jointly participated in the negotiation and drafting of this Agreement. In the event of an ambiguity or a question of intent or interpretation arises, this Agreement shall be construed as if drafted jointly by each of the parties hereto and no presumptions or burdens of proof shall arise favoring any party by virtue of the authorship of any of the provisions of this Agreement.. * * * * * 4741664.1 90199 1440C 98504582 11

Appears in 1 contract

Samples: Purchase and Sale Agreement (Security Capital Group Inc/)

No Presumption Against Drafter. Each of the parties hereto Parties has jointly participated in the negotiation and drafting of this Agreement. In the event an of any ambiguity or if a question of intent or interpretation arises, this Agreement shall be construed as if drafted jointly by each of the parties hereto Parties and no presumptions or burdens of proof shall arise favoring any party Party by virtue of the authorship of any of the provisions of this Agreement.. below:

Appears in 1 contract

Samples: Exchange Agreement

No Presumption Against Drafter. Each of the parties hereto has jointly participated in the negotiation and drafting of this Agreement. In the event of an ambiguity or a question of intent or interpretation arises, this Agreement shall be construed as if drafted jointly by each of the parties hereto and no presumptions or burdens of proof shall arise favoring any party by virtue of the authorship of any of the provisions of this Agreement.

Appears in 1 contract

Samples: Purchase and Settlement Agreement (Mattersight Corp)

No Presumption Against Drafter. Each of the parties hereto has jointly participated in the negotiation and drafting of this Agreement. In the event an there arises any ambiguity or a question of or intent or interpretation ariseswith respect to this Agreement, this Agreement shall be construed as if drafted jointly by each all of the parties hereto and no presumptions or burdens of proof shall arise favoring any party by virtue of the authorship of any of the provisions of this Agreement.. US 171913486v7

Appears in 1 contract

Samples: Stock Purchase Agreement (Precision Biosciences Inc)

No Presumption Against Drafter. Each of the parties hereto has jointly participated in the negotiation and drafting of this Agreement. In the event an there arises any ambiguity or a question of intent or interpretation ariseswith respect to this Agreement, this Agreement shall be construed as if drafted jointly by each all of the parties hereto and no presumptions or burdens of proof shall arise favoring any party by virtue of the authorship of any of the provisions of this Agreement.

Appears in 1 contract

Samples: Asset Purchase Agreement (Wpi Group Inc)

No Presumption Against Drafter. Each of the parties hereto has jointly participated in the negotiation and drafting of this Agreement. In the event of an ambiguity or a question of intent or interpretation arises, this Agreement shall be construed as if drafted jointly by each of the parties hereto and no presumptions or burdens of proof shall arise favoring any party by virtue of the authorship of any of the provisions of this Agreement.

Appears in 1 contract

Samples: Asset Purchase Agreement (Smurfit Stone Container Corp)

No Presumption Against Drafter. Each of the parties hereto has jointly ------------------------------- participated in the negotiation and drafting of this Agreement. In the event of an ambiguity or a question of intent or interpretation arises, this Agreement shall be construed as if drafted jointly by each of the parties hereto and no presumptions or burdens of proof shall arise favoring any party by virtue of the authorship of any of the provisions of this Agreement.. * * * * *

Appears in 1 contract

Samples: Termination Agreement (Carramerica Realty Corp)

No Presumption Against Drafter. Each of the parties hereto Parties has jointly participated in the negotiation and drafting of this Agreement. In the event an ambiguity or a question of intent or interpretation arises, this Agreement shall be construed as if drafted jointly by each of the parties hereto Parties and no presumptions or burdens of proof shall arise favoring any party Party by virtue of the authorship of any provisions of this Agreement.

Appears in 1 contract

Samples: Separation Agreement (Arlington Hospitality Inc)

No Presumption Against Drafter. Each of the parties hereto has jointly participated in the negotiation and drafting of this Agreement. In the event of an ambiguity or a question of intent or interpretation arises, this Agreement shall be construed as if drafted jointly by each of the parties hereto hereto, and no presumptions or burdens of proof shall arise favoring any party by virtue of the authorship of any of the provisions of this Agreement.

Appears in 1 contract

Samples: Merger Agreement (Inland Western Retail Real Estate Trust Inc)

No Presumption Against Drafter. Each of the parties hereto has jointly participated in the negotiation and drafting of this Agreement. In the event an ambiguity or a question of intent or interpretation arises, this Agreement shall be construed as if drafted jointly by each of the parties hereto and no presumptions or burdens of proof shall arise favoring any party by virtue of the authorship of any provisions of this Agreement.. 5.11

Appears in 1 contract

Samples: Consulting Agreement (Inland Retail Real Estate Trust Inc)

No Presumption Against Drafter. Each of the parties hereto has The Parties have jointly participated in the negotiation and drafting of this Agreement. In the event of an ambiguity or a question of intent or interpretation arises, this Agreement shall be construed as if drafted jointly by each of the parties Parties hereto and no presumptions or burdens of proof shall arise favoring any party by virtue of the authorship of any of the provisions of this Agreement.

Appears in 1 contract

Samples: Confidential Separation Agreement and General Release (OPAL Fuels Inc.)

No Presumption Against Drafter. Each of the parties hereto has ------------------------------ jointly participated in the negotiation and drafting of this Agreement. In the event an of any ambiguity or a question of intent or interpretation arises, this Agreement shall be construed as if drafted jointly by each of the parties hereto and no presumptions or burdens of proof shall arise favoring any party by virtue of the authorship of any of the provisions of this Agreement.

Appears in 1 contract

Samples: Shareholders' Agreement (Archstone Smith Trust)

No Presumption Against Drafter. Each of the parties hereto Parties has jointly participated in the negotiation and drafting of this Agreement. In the event an of any ambiguity or a question of intent or interpretation arises, this Agreement shall be construed as if drafted jointly by each of the parties hereto Parties and no presumptions or burdens of proof shall arise favoring any party Party by virtue of the authorship of any of the provisions of this Agreement. [The remainder of this page intentionally left blank.]

Appears in 1 contract

Samples: Merger Agreement (Provident American Corp)

No Presumption Against Drafter. Each of the parties The Parties hereto has have participated jointly participated in the negotiation and drafting of this Agreement. In Agreement and, in the event an ambiguity or a question of intent or interpretation arises, this Agreement shall be construed as if jointly drafted jointly by each of the parties Parties hereto and no presumptions presumption or burdens burden of proof shall arise favoring or disfavoring any party by virtue of the authorship of any provisions provision of this Agreement.

Appears in 1 contract

Samples: Stock Purchase Agreement (Nexxus Lighting, Inc.)

No Presumption Against Drafter. Each of the parties hereto has jointly participated in the negotiation and drafting of this Agreement. In the event an there arises any ambiguity or a question of intent or interpretation ariseswith respect to this Agreement, this Agreement shall be construed as if drafted jointly by each all of the parties hereto and no presumptions or burdens of proof shall arise favoring any party by virtue of the authorship of any of the provisions of this Agreement.

Appears in 1 contract

Samples: Purchase Agreement (IPC Systems Holdings Corp.)

No Presumption Against Drafter. Each of the parties hereto has jointly participated in the negotiation and drafting of this AgreementAgreement and has been represented by counsel of its choice. In the event an of any ambiguity or a question of intent or interpretation arises, this Escrow Agreement shall be construed as if drafted jointly by each of the parties hereto and no presumptions or burdens of proof shall arise favoring any party by virtue of the authorship of any of the provisions of this Escrow Agreement.

Appears in 1 contract

Samples: Membership Interest Purchase Agreement (Sportsmans Guide Inc)

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