No Presumption Against the Drafter Sample Clauses

No Presumption Against the Drafter. Without regard to which party initially drafted this Agreement, it shall not be construed against any party and shall be construed and enforced as a mutually prepared agreement.
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No Presumption Against the Drafter. Each of the Parties participated in the drafting of this Agreement and the interpretation of any ambiguity contained in this Agreement will not be affected by the claim that a particular party drafted any provision hereof.
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No Presumption Against the Drafter. Each of the Members participated in the drafting of this Agreement, or had the opportunity to request modifications to this Agreement upon becoming a Member in the case of subsequently admitted Members, and the interpretation of any ambiguity contained in this Agreement will not be affected by the claim that a particular party drafted any provision hereof.
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No Presumption Against the Drafter. Each Party having been represented in the negotiation of this Agreement, and having had ample opportunity to review the language thereof, there shall be no presumption against any Party on the ground that such Party was responsible for preparing this Agreement or any part hereof.
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No Presumption Against the Drafter. No legal or other presumptions against any Party drafting this Agreement concerning its construction, interpretation, or otherwise shall accrue to the benefit of any other Party, and each Party expressly waives the right to assert such a presumption in any proceedings or disputes connected with, arising out of, or involving this Agreement. IN TESTIMONY WHEREOF, the ECU has caused this instrument to be executed in such form as to be binding, and Xxxx has hereunto set his hand and adopted as his seal the typewritten word "SEAL" appearing beside his name, as of the day and year indicated below, and effective as the date signed by the last party to do so. Xxxx Xxxxxxxxxxx Xxxx (Date) East Carolina University by: Xxxxx Xxxxxxx (Date) Chancellor Approved as to form only: Xxxxx Xxxxxx Xxxxx (Date) University Attorney ATTACHMENT A East Carolina University’s former director of student media has agreed to drop efforts to get his job back. The university has stated Xxxx Xxxx’x separation from his role was because of a difference in philosophy, not for cause and has agreed to accept his resignation, according to ECU’s attorney and attorneys representing Xxxx. Xxxx’x departure on Jan. 4, 2012, came two months after the student-run newspaper, the East Carolinian, published photos of a streaker at an ECU football game that showed full frontal nudity. While the timing drew some criticism from First Amendment advocates, Xxxx has acknowledged that it resulted from a difference in his professional philosophy and the expectations of the university. While Xxxx said he disagrees with his termination, he believes this resolution is best for both parties. “This allows us all to get on with our lives, without having to drag this out indefinitely,” Xxxx said. “I truly enjoyed my time at ECU. The students were eager to learn, and were always very professional.” Xxxx noted that under his guidance, the East Carolinian newspaper, and the Rebel, a literary magazine, each received national awards from student media organizations. “While I am proud of the fact that these awards occurred during my tenure, it was the hard work of the students that garnered the well-deserved recognition,” Xxxx said. “While I regret that I will no longer be directing the student media, I am encouraged by the University’s statement that it will remain focused on providing students with a quality environment to learn journalism and exercise their First Amendment rights,” Xxxx said. “This separation reflected a ...
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No Presumption Against the Drafter. The fact that one of the Parties may have drafted or structured any provision of this Agreement shall not be considered in construing the particular provision either in favor of or against such Party.
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No Presumption Against the Drafter. Employee agrees that this Agreement has been negotiated and that no provision contained herein shall be interpreted against any party because that party drafted the provision.
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Related to No Presumption Against the Drafter

  • 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.

  • No Presumption Against Drafting Party Each of the parties to this Agreement acknowledges that it has been represented by independent counsel in connection with this Agreement and the transactions contemplated by this Agreement. Accordingly, any rule of Law or any legal decision that would require interpretation of any claimed ambiguities in this Agreement against the drafting party has no application and is expressly waived.

  • No Presumption Against Interest This Agreement has been negotiated, drafted, edited and reviewed by the respective parties, and therefore, no provision arising directly or indirectly herefrom shall be construed against any party as being drafted by said party.

  • No Presumption Against Any Party Neither this Agreement, any of the Loan Documents, any other document, agreement, or instrument entered into in connection herewith, nor any uncertainty or ambiguity herein or therein shall be construed or resolved using any presumption against any party hereto, whether under any rule of construction or otherwise. On the contrary, this Agreement, the Loan Documents, and the other documents, instruments, and agreements entered into in connection herewith have been reviewed by each of the parties and their counsel and shall be construed and interpreted according to the ordinary meanings of the words used so as to accomplish fairly the purposes and intentions of all parties hereto.

  • No Presumption If any claim is made by a party relating to any conflict, omission or ambiguity in this Agreement, no presumption or burden of proof or persuasion shall be implied by virtue of the fact that this Agreement was prepared by or at the request of a particular party or its counsel.

  • Arm’s Length Bargaining; No Presumption Against Drafter This Agreement has been negotiated at arm’s-length by parties of equal bargaining strength, each represented by counsel or having had but declined the opportunity to be represented by counsel and having participated in the drafting of this Agreement. This Agreement creates no fiduciary or other special relationship between the parties, and no such relationship otherwise exists. No presumption in favor of or against any party in the construction or interpretation of this Agreement or any provision hereof shall be made based upon which Person might have drafted this Agreement or such provision.

  • No Construction Against Drafter The Parties acknowledge that this Agreement and all the terms and conditions contained herein have been fully reviewed and negotiated by the Parties. Having acknowledged the foregoing, the Parties agree that any principle of construction or rule of law that provides that, in the event of any inconsistency or ambiguity, an agreement shall be construed against the drafter of the agreement shall have no application to the terms and conditions of this Agreement.

  • No Presumptions For purposes of this Agreement, the termination of any claim, action, suit or proceeding, by judgment, order, settlement (whether with or without court approval) or conviction, or upon a plea of nolo contendere, or its equivalent, shall not create a presumption that Indemnitee did not meet any particular standard of conduct or have any particular belief or that a court has determined that indemnification is not permitted by applicable law. In addition, neither the failure of the Reviewing Party to have made a determination as to whether Indemnitee has met any particular standard of conduct or had any particular belief, nor an actual determination by the Reviewing Party that Indemnitee has not met such standard of conduct or did not have such belief, prior to the commencement of legal proceedings by Indemnitee to secure a judicial determination that Indemnitee should be indemnified under applicable law shall be a defense to Indemnitee's claim or create a presumption that Indemnitee has not met any particular standard of conduct or did not have any particular belief.

  • Governing Law; No Construction Against Drafter This Agreement shall be deemed to be made in the State of Delaware, and the validity, interpretation, construction, and performance of this Agreement in all respects shall be governed by the laws of the State of Delaware without regard to its principles of conflicts of law. No provision of this Agreement or any related document will be construed against or interpreted to the disadvantage of any party hereto by any court or other governmental or judicial authority by reason of such party having or being deemed to have structured or drafted such provision.

  • NO INTERPRETATION AGAINST DRAFTER Each party recognizes that this Agreement is a legally binding contract and acknowledges that it, he or she has had the opportunity to consult with legal counsel of choice. In any construction of the terms of this Agreement, the same shall not be construed against either party on the basis of that party being the drafter of such terms.

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