Not Construed Against Drafter. This Agreement has been negotiated and prepared by the parties and their respective counsel, and should any provision of this Agreement require judicial interpretation, the court interpreting or construing the provision shall not apply the rule of construction that a document is to be construed more strictly against one party.
Not Construed Against Drafter. No provision of this Agreement shall be construed by any court or other judicial authority against any party hereto by reason of such party's being deemed to have drafted or structured such provisions.
Not Construed Against Drafter. The Parties acknowledge that they have read this Agreement, have had the opportunity to review it with an attorney of their respective choice, and have agreed to all of As terms. Under these circumstances, the Parties agree that the rule of construction that a contract be construed against the drafter shall not be applied in interpreting this Agreement, and that in the event of any ambiguity in any of the terms or conditions of this Agreement, including any exhibits hereto, and whether or not placed of record, such ambiguity shall not be construed for or against either Party on the basis that such Party did or did not author the same.
Not Construed Against Drafter. Tenant acknowledges and agrees that it has read each of the terms of this Lease and has had the opportunity to comment and negotiate such terms, and that, therefore, the Lease shall not be construed in favor or against either party based on the fact that it was drafted by Landlord. Tenant hereby waives any rights under Section 1654 of the California Civil Code.
Not Construed Against Drafter. The language of this Agreement shall not be interpreted in favor of or against any Party as the drafter of this Agreement.
Not Construed Against Drafter. 15.1 The Parties acknowledge that they have had an adequate opportunity to review each and every provision contained in this Agreement, including the opportunity to submit the same to legal counsel for review and comment. Based on said review and consultation, the Parties agree with each and every term contained in this Agreement. Based on the foregoing, the Parties agree that the rule of construction that a contract be construed against the drafter, if any, shall not be applied in the interpretation and construction of this Agreement.
Not Construed Against Drafter. Buyer and Seller acknowledge that they have read this Agreement, have had the opportunity to review it with an attorney of their respective choice, and have agreed to all its terms. Under these circumstances, Buyer and Seller agree that the rule of construction that a contract be construed against the drafter shall not be applied in interpreting this Agreement and that in the event of any ambiguity in any of the terms or conditions of this Agreement, including any Exhibits or Schedules hereto and whether or not placed of record, such ambiguity shall not be construed for or against any party hereto on the basis that such party did or did not author same.
Not Construed Against Drafter. Buyer and Seller acknowledge that they have read this Amendment, have had the opportunity to review it with an attorney of their respective choice, and have agreed to all its terms. Under these circumstances, Buyer and Seller agree that the rule of construction that a contract be construed against the drafter shall not be applied in interpreting this Amendment and that in the event of any ambiguity in any of the terms or conditions of this Amendment, including any Exhibits or Schedules hereto and whether or not placed of record, such ambiguity shall not be construed for or against any party hereto on the basis that such party did or did not author same. EXECUTED effective as of the Amendment Effective Date. SELLER: BUYER: W&T OFFSHORE, INC. BLACK ELK ENERGY OFFSHORE OPERATIONS, LLC By: /s/ Xxxxxx X. Xxxxxx By: /s/ Xxxx Xxxxxxx Xxxxxx X. Xxxxxx Vice President Xxxx Xxxxxxx President EXHIBIT X-0 XXXX XXXX XX. XXX0000000 See attached. Xxxx Xx. XXX0000000 PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: That we, Black Elk Energy Offshore Operations, LLC, a Texas limited liability company, whose mailing address is 00000 Xxxx Xxxxxxx, Xxxxx 000, Xxxxxxx, XX 00000 (hereinafter called the “Principal”), and Argonaut Insurance Company, with an address of X.X. Xxx 000000, Xxx Xxxxxxx, Xxxxx 00000 (hereinafter called the “Surety”), are held and firmly bound unto W&T Offshore, Inc., a Texas corporation, whose mailing address is Nine Xxxxxxxx Xxxxx, Xxxxx 000, Xxxxxxx, Xxxxx 00000 (hereinafter called the “Obligee”), in the sum of Eighteen Million Nine Hundred Thousand and No/100 Dollars ($18,900,000.00), lawful money of the United States of America, for the payment of which sum the Principal and the Surety bind themselves, their successors and assigns, jointly, severally, and in solido, firmly by these presents.
Not Construed Against Drafter. All the parties to this Agreement have had an opportunity to review this Agreement, consult an attorney before signing this Agreement, and have in fact consulted an attorney. As such, any rule of interpretation or construction requiring that the language of this Agreement or the Exhibits be construed against the drafter is inapplicable to this Agreement or the Exhibits.
