Sophistication of the Parties. Each party hereto hereby acknowledges and agrees that it has consulted legal counsel in connection with the negotiation of this Agreement and that it has bargaining power equal to that of the other parties hereto in connection with the negotiation and execution of this Agreement. Accordingly, the parties hereto agree the rule of contract construction to the effect that an agreement shall be construed against the draftsman shall have no application in the construction or interpretation of this Agreement.
Sophistication of the Parties. Buyer and Seller are sophisticated in the buying and selling of income producing property similar to the Properties and each has engaged its own sophisticated real estate counsel and advisors. Buyer and Seller each has knowledge and experience in financial and business matters to enable them each to evaluate the merits and risks of the Transactions contemplated hereby. Neither Buyer nor Seller is in a disparate bargaining position with respect to the other. The provisions of this Agreement shall be construed as to their fair meaning, and not for or against any party based upon any attribution to such party as the source of the language in question.
Sophistication of the Parties. Each party to this Agreement represents that it is a sophisticated commercial party capable of understanding all of the terms of this Agreement, that it has had an opportunity to review this Agreement with its counsel, and that it enters this Agreement with full knowledge of the terms of the Agreement.
Sophistication of the Parties. Each party to this Agreement hereby acknowledges and agrees that it has consulted legal counsel in connection with the negotiation and preparation of this Agreement, that it is sophisticated and experienced in real estate transaction matters, and has bargaining power equal to that of the other parties hereto in connection with the negotiation and execution of this Agreement.
Sophistication of the Parties. Buyer and Seller are sophisticated in the buying and selling of commercial and industrial property similar to the Property and each has engaged its own sophisticated real estate counsel and advisors (including such environmental advisors as each party determines appropriate). Xxxxx and Xxxxxx each has knowledge and experience in financial and business matters to enable them each to evaluate the merits and risks of the transactions contemplated. Neither Buyer nor Seller is in a disparate bargaining position with respect to the other. The Purchase Agreement shall be construed as to their fair meaning, and not for or against any party based upon any attribution to such party as the source of the language in question. THIS SELLER’S COUNTER OFFER TO THE PURCHASE AGREEMENT IS EXECUTED ON THE DATE HEREINAFTER SET FORTH. Buyer: Seller:
