Common use of Standard of Interpretation Clause in Contracts

Standard of Interpretation. The parties agree that, unless the constitutional implications inherent in plea agreements require otherwise, this plea agreement should be interpreted according to general contract principles and the words employed are to be given their normal and ordinary meanings. The parties further agree that, in interpreting this agreement, any drafting errors or ambiguities are not to be automatically construed against either party, whether or not that party was involved in drafting or modifying this agreement. Xxxxxx X. Xxxxxx Acting United States Attorney By Dated:9-27-2017 /s/ Xxxxxxx Xxxxxx XXXXXXX XXXXXX Assistant United States Attorney Kansas Bar No. 20254 Dated:9-27-2017 /s/ Xxxxx Xxxxx XXXXX XXXXX Assistant United States Attorney Missouri Bar No. 57968 Dated:9-27-2017 /s/ Xxxx Xxxxx XXXX XXXXX Senior Counsel Environmental Crimes Section U.S. Department of Justice Michigan Bar No. P45376 The defendant, TYSON POULTRY, INC., through its authorized representative, has consulted with its attorneys and fully understands all of its rights with respect to the offenses charged in the information. Further, undersigned representative has read this plea agreement and carefully reviewed every part of it with its corporate attorneys and fully understands the corporation’s rights with respect to the provisions of the Sentencing Guidelines. The authorized representative understands this plea agreement, voluntarily agrees to it, and represents that TYSON POULTRY, INC.’s decision to enter this agreement was made in accordance with the terms of the corporation’s charter and bylaws. TYSON POULTRY, INC. Defendant Dated:9-27-2017 /s/ Xxxxxx X. Xxxxxx By: Xxxxxx X. Xxxxxx Vice President and Associated General Counsel Litigation and Regulatory Affairs for Tyson Foods, Inc. as Representative for Xxxxx Xxxxxxx, Inc. We are defendant XXXXX XXXXXXX, INC.’s attorneys. We have fully explained its rights with respect to the offenses charged in the information. Further, we have reviewed every part of the plea agreement with its corporate representatives. To our knowledge, XXXXX XXXXXXX, INC.’s decision to enter this plea agreement is an informed and voluntary one, and was undertaken in accordance with the terms of its corporate charter and bylaws. Dated:9-27-2017 /s/ Xxxxx X. Xxxxx Xxxxx X. Xxxxx Xxxxxx Xxxxx Xxxxxxxx, P.C. Attorney for Defendant Dated:9-27-2017 /s/ Xxxxxxx Xxxxxxx Xxxxxxx Xxxxxxx Xxxxxx Xxxxxx LLC Attorney for Defendant ATTACHMENT A to PLEA AGREEMENT The plea agreement provides that Tyson Poultry, Inc. will pay $250,000.00 as organizational community service to the National Fish & Wildlife Foundation to be used to maintain and restore waters of the Western District of Missouri. The parties agree the payment will be used for the following projects. I. The Nature Conservancy of Missouri ($200,000) The Nature Conservancy in Missouri (Conservancy) is engaged in a streambank stabilization project on an -1,800-foot reach of eroding streambank located on the Elk River, 1.1 miles NNE of Xxxx, XxXxxxxx County, Missouri. The project includes full development and implementation of an engineering grade streambank stabilization design for the project area with a focus on bioengineering solutions.

Standard of Interpretation. The parties agree that, unless the constitutional implications inherent in plea agreements require otherwise, this plea agreement should be interpreted according to general contract principles and the words employed are to be given their normal and ordinary meanings. The parties further agree that, in interpreting this agreement, any drafting errors or ambiguities are not to be automatically construed against either party, whether or not that party was involved in drafting or modifying this agreement. Xxxxxx X. Xxxxxx Acting Xxxx Xxxxxxxx United States Attorney By Dated:9-27-2017 Dated: 9/2/10 /s/ Xxxxxxx Xxxxxx XXXXXXX XXXXXX Xxxxx X. Xxxxxxxx Xxxxx X. Xxxxxxxx Assistant United States Attorney Kansas Bar No. 20254 Dated:9-27-2017 /s/ Xxxxx Xxxxx XXXXX XXXXX Assistant United States Attorney Missouri Bar No. 57968 Dated:9-27-2017 /s/ Xxxx Xxxxx XXXX XXXXX Senior Counsel Environmental Crimes Section U.S. Department of Justice Michigan Bar No. P45376 The defendant, TYSON POULTRY, INC., through its authorized representative, has I have consulted with its my attorneys and fully understands understand all of its my rights with respect to the offenses charged in the informationindictment. Further, undersigned representative has I have consulted with my attorneys and fully understand my rights with respect to the provisions of the Sentencing Guidelines. I have read this plea agreement and carefully reviewed every part of it with its corporate attorneys and fully understands the corporation’s rights with respect to the provisions of the Sentencing Guidelinesmy attorneys. The authorized representative understands I understand this plea agreement, agreement and I voluntarily agrees agree to it, and represents that TYSON POULTRY, INC.’s decision to enter this agreement was made in accordance with the terms of the corporation’s charter and bylaws. TYSON POULTRY, INC. Dated: 9/2/10 /s/ Xxxxx Xxxxx Xxxxx Xxxxx Defendant Dated:9-27-2017 /s/ Xxxxxx X. Xxxxxx By: Xxxxxx X. Xxxxxx Vice President and Associated General Counsel Litigation and Regulatory Affairs for Tyson Foods, Inc. as Representative for Xxxxx Xxxxxxx, Inc. We are defendant XXXXX XXXXXXX, INC.’s attorneysXxxxx Xxxxx’x attorney. We have fully explained its to him his rights with respect to the offenses charged in the informationindictment. Further, we have reviewed with him the provisions of the Sentencing Guidelines which might apply in this case. We have carefully reviewed every part of the this plea agreement with its corporate representativeshim. To our knowledge, XXXXX XXXXXXX, INC.’s Xxxxx Xxxxx’x decision to enter into this plea agreement is an informed and voluntary one, and was undertaken in accordance with the terms of its corporate charter and bylaws. Dated:9-27-2017 Dated: 9/2/10 /s/ Xxxxx X. Xxxxx Xxxxx X. Xxxxx Xxxxxx Xxxxx Xxxxxxxx, P.C. Attorney for Defendant Dated:9-27-2017 /s/ Xxxxxxx Xxxxxxx Xxxxxxx Xxxxxxx Xxxxxx Xxxxxx LLC Attorney for Defendant ATTACHMENT A to PLEA AGREEMENT The plea agreement provides that Tyson Poultry, Inc. will pay $250,000.00 as organizational community service to the National Fish & Wildlife Foundation to be used to maintain and restore waters of the Western District of Missouri. The parties agree the payment will be used for the following projects. I. The Nature Conservancy of Missouri ($200,000) The Nature Conservancy in Missouri (Conservancy) is engaged in a streambank stabilization project on an -1,800-foot reach of eroding streambank located on the Elk River, 1.1 miles NNE of Xxxx, XxXxxxxx County, Missouri. The project includes full development and implementation of an engineering grade streambank stabilization design for the project area with a focus on bioengineering solutions.X.X. Xxxxxxx

Standard of Interpretation. The parties agree that, unless the constitutional implications inherent in plea agreements require otherwise, this plea agreement Plea Agreement should be interpreted according to general contract principles principles, and the words employed are to be given their normal and ordinary meanings. The parties further agree that, in interpreting this agreement, any drafting errors or ambiguities are not to be automatically construed against either party, whether or not that party was involved in drafting or modifying this agreement. Xxxxxx X. Xxxxxx Acting United States Attorney By Dated:9-27-2017 /s/ Xxxxxxx Xxxxxx XXXXXXX XXXXXX Dated: 7/20/16 /S/ Assistant United States Attorney Kansas Bar No. 20254 Dated:9-27-2017 /s/ Xxxxx Xxxxx XXXXX XXXXX Dated: 7/20/16 /S/ Assistant United States Attorney Missouri Bar NoDEFENDANT INITIALS: 19 Dated: 7/20/16 /S/ Trial Attorney, Counterterrorism Section, National Security Division, U.S. Dept. 57968 Dated:9-27-2017 /s/ Xxxx Xxxxx XXXX XXXXX Senior Counsel Environmental Crimes Section U.S. Department of Justice Michigan Bar No. P45376 The defendantOn behalf of IARA, TYSON POULTRYand with the authority of the Board of Directors of IARA, INC., through its authorized representative, has I have consulted with its attorneys attorneys, civil and criminal, and assert that it fully understands all of its rights with respect to the offenses charged in the informationIndictment. Further, undersigned representative IARA has consulted with its attorneys and fully understand its rights with respect to the provisions of the Sentencing Guidelines. I have read this plea agreement and carefully reviewed every part of it with its corporate attorneys and fully understands the corporation’s rights with respect to the provisions of the Sentencing Guidelinesmy attorneys. The authorized representative understands I understand this plea agreementagreement and I voluntarily agree to it on behalf of XXXX. Dated: 7/20/16 /S/ Defendant I am the attorney for the defendant, voluntarily agrees to it, and represents that TYSON POULTRY, INC.’s decision to enter this agreement was made in accordance with the terms of the corporation’s charter and bylawsIARA. TYSON POULTRY, INC. Defendant Dated:9-27-2017 /s/ Xxxxxx X. Xxxxxx By: Xxxxxx X. Xxxxxx Vice President and Associated General Counsel Litigation and Regulatory Affairs for Tyson Foods, Inc. as Representative for Xxxxx Xxxxxxx, Inc. We are defendant XXXXX XXXXXXX, INC.’s attorneys. We I have fully explained to the organization and its representatives its rights with respect to the offenses charged in the informationSecond Superseding Indictment. Further, we I have reviewed with IARA and its representatives the provisions of the Sentencing Guidelines which might apply in this case. I have carefully reviewed every part of the plea agreement this Plea Agreement with IARA and its corporate representatives. To our my knowledge, XXXXX XXXXXXXIARA’s decision, INC.’s decision made through its representatives, to enter into this plea agreement Plea Agreement is an informed and voluntary one, and was undertaken in accordance with the terms of its corporate charter and bylaws. Dated:9-27-2017 /s/ Xxxxx X. Xxxxx Xxxxx X. Xxxxx Xxxxxx Xxxxx Xxxxxxxx, P.C. Dated: 7/20/16 /S/ Attorney for Defendant Dated:9-27-2017 /s/ Xxxxxxx Xxxxxxx Xxxxxxx Xxxxxxx Xxxxxx Xxxxxx LLC Attorney for Defendant ATTACHMENT A to PLEA AGREEMENT DEFENDANT INITIALS: 20 The plea agreement provides that Tyson Poultryundersigned, Inc. will pay $250,000.00 as organizational community service to being the National Fish & Wildlife Foundation to be used to maintain and restore waters representative Member of the Western District Board of Missouri. The parties agree Directors of the payment will be used for Islamic American Relief Agency, a non-profit corporation (the “Corporation”), does hereby consent to and adopt the following projects. I. The Nature Conservancy of Missouri ($200,000) The Nature Conservancy in Missouri (Conservancy) is engaged in a streambank stabilization project on an -1,800-foot reach of eroding streambank located on the Elk River, 1.1 miles NNE of Xxxx, XxXxxxxx County, Missouri. The project includes full development preambles and implementation of an engineering grade streambank stabilization design for the project area with a focus on bioengineering solutions.resolutions:

Standard of Interpretation. The parties agree that, unless the constitutional implications inherent in plea agreements require otherwise, this plea agreement Plea Agreement should be interpreted according to general contract principles and the words employed are to be given their normal and ordinary meanings. The parties further agree that, in interpreting this agreement, any drafting errors or ambiguities are not to be automatically construed against either party, whether or not that party was involved in drafting or modifying this agreementPlea Agreement. Xxxxxx X. Xxxxxx Acting 10 Case 4:13-cr-00135-JTM Document 2 Filed 05/28/13 Page 10 of 60 18. Corporate Authorization. The authorized corporate officer who signs this Plea Agreement represents that he/she is authorized to enter into this Plea Agreement on behalf of the defendant, that all corporate requirements have been observed to permit the authorized representative, who must be a high level corporate officer, to enter a plea on behalf of the defendant to the one count Information in this matter, and that he/she will appear, along with corporate counsel, to enter the guilty plea and for the imposition of the sentence. Xxxxx Xxxxxxxxx United States Attorney By Dated:9-27-2017 /s/ Dated: May 28, 2013 By: s/ Xxxxxxx Xxxxxx XXXXXXX XXXXXX Assistant Xxxxxx Xxxxxxx Xxxxxx Xxxxxx Deputy United States Attorney Kansas Bar No. 20254 Dated:9-27-2017 /s/ Xxxxx Xxxxx XXXXX XXXXX Criminal Division Chief Xxxxxxx X. Xxxxxx Assistant United States Attorney Missouri Bar No. 57968 Dated:9-27-2017 /s/ Xxxx Xxxxx XXXX XXXXX General Environment and Natural Resources Division Dated: May 28, 2013 By: s/ Xxxxxxxx X. Xxxxxxxxx Xxxxxxxx X. Xxxxxxxxx Senior Counsel Trial Attorney Environmental Crimes Section U.S. Department P.O. Box 7611 Washington, D.C. 20044 11 Case 4:13-cr-00135-JTM Document 2 Filed 05/28/13 Page 11 of Justice Michigan Bar No. P45376 The defendant60 I am authorized to execute this Plea Agreement on behalf of defendant Wal-Mart Stores, TYSON POULTRY, INC., through its authorized representative, has consulted with its attorneys and fully understands all of its rights with respect to the offenses charged in the information. Further, undersigned representative has Inc. I have read this plea agreement and carefully reviewed every part of it with its the attorney who represents said corporate attorneys and defendant. After consultation with the attorney who represents defendant Wal-Mart Stores, Inc., I am authorized to represent, on behalf of Wal-Mart Stores, Inc, that it fully understands all the corporation’s rights of said corporation with respect to the offense charged in the Information; fully understand the rights of said corporation with respect to the provisions of the Sentencing Guidelines. The authorized representative ; fully understands all the provisions of this plea agreementPlea Agreement; and, knowingly and voluntarily agrees to itthis Plea agreement. Dated: May 28, and represents that TYSON POULTRY2013 s/ Xxxxxxx Xxxxxxx For Wal-Mart Stores, INC.’s decision to enter this agreement was made in accordance with the terms of the corporation’s charter and bylaws. TYSON POULTRYInc., INC. Defendant Dated:9-27-2017 /s/ Xxxxxx X. Xxxxxx By: Xxxxxx X. Xxxxxx Vice President Xxxxxxx Xxxxxxx Title: VP-Compliance, Safety and Associated General Counsel Litigation and Regulatory Affairs for Tyson FoodsAsset Protection I am defendant Wal-Mart Stores, Inc. as Representative for Xxxxx Xxxxxxx, Inc. We are defendant XXXXX XXXXXXX, INC.’s attorneysInc.'s attorney. We I have fully explained to Wal-Mart Stores, Inc., its rights with respect to the offenses offense charged in the informationInformation. Further, we I have reviewed with it the provisions of the Sentencing Guidelines which might apply in this case. I have carefully reviewed every part of the plea agreement this Plea Agreement with its corporate representatives. Wal-Mart Stores, Inc. To our my knowledge, XXXXX XXXXXXXWal-Mart Stores, INC.’s Inc.'s decision to enter into this plea agreement Plea Agreement is an informed and voluntary one. Dated: May 28, and was undertaken in accordance with the terms of its corporate charter and bylaws. Dated:9-27-2017 /s/ 2013 sl Xxxxx X. Xxxxx Xxxxxxxxxxx Xxxxx X. Xxxxxxxxxxx Xxxxxxxxx Xxxxxx Xxxxxxxx Xxxx & Xxxxxxxxxxx 0000 Xxxxx Xxxx., Xxxxx 0000 Xxxxxx Xxxxx XxxxxxxxXxxx, P.C. Xxxxxxxx 00000 Attorney for Defendant Dated:912 Case 4:13-27cr-00135-2017 /s/ Xxxxxxx Xxxxxxx Xxxxxxx Xxxxxxx Xxxxxx Xxxxxx LLC Attorney for Defendant ATTACHMENT A to PLEA AGREEMENT The plea agreement provides that Tyson PoultryJTM Document 2 Filed 05/28/13 Page 12 of 60 IN THE XXXXXX OF ) ) ) ) ) ) ) ) ) ) ) ) ) Wal-Mart Stores, Inc. will pay $250,000.00 000 XX 0xx Xxxxxx, Xxxxxxxxxxx, XX 00000-8611 RESPONDENT MAY 2 8 2013 EPA Docket Nos. RCRA-HQ-2013-4001 FIFRA-HQ-2013-5056 Board Proceeding Under Section 3008(a) of the Resource Conservation and Recovery Act, 42 U.S.C. § 6928(a); Section 14(a) of the Federal Insecticide, Funaicide and Rodenticide Act, as organizational community service amended, 7 U.S.C. § 136/(a) CONFIDENTIAL BUSINESS INFORMATION REDACTED -A complete copy of the document ha1 been filed with tile Environmental Appeall Board Hearing Clerk CONSENT AGREEMENT AND FINAL QRDER Complainant, United States Environmental Protection Agency ("EPA"), and Respondent, WalMart Stores, Inc. ("Walmart") have agree-0 to settle this action and consent to the National Fish & Wildlife Foundation to be used to maintain entry of this Consent Agreement and restore waters Final Order ("CAFO'') before taking testimony and without any adjudication of the Western District of Missouri. The parties agree the payment will be used for the following projects. I. The Nature Conservancy of Missouri ($200,000) The Nature Conservancy in Missouri (Conservancy) is engaged in a streambank stabilization project on an -1,800-foot reach of eroding streambank located on the Elk River, 1.1 miles NNE of Xxxx, XxXxxxxx County, Missouri. The project includes full development and implementation of an engineering grade streambank stabilization design for the project area with a focus on bioengineering solutionsany issues oflaw or fact herein.

Standard of Interpretation. The parties agree that, unless the constitutional implications inherent in plea agreements require otherwise, this plea agreement should be interpreted according to general contract principles and the words employed are to be given their normal and ordinary meanings. The parties further agree that, in interpreting this agreement, any drafting errors or ambiguities are not to be automatically construed against either party, whether or not that party was involved in drafting or modifying this agreement. Xxxxxx Xxxxx X. Xxxxxx Xxxxxxxxx Acting United States Attorney By Dated:9-27-2017 10/17/2012 /s/ Xxxxx Xxxxxxx Xxxxxx XXXXXXX XXXXXX Dated: Xxxxx Xxxxxxx Assistant United States Attorney Kansas Bar No. 20254 Dated:9-27-2017 /s/ Xxxxx Xxxxx XXXXX XXXXX Assistant United States Attorney Missouri Bar No. 57968 Dated:9-27-2017 /s/ Xxxx Xxxxx XXXX XXXXX Senior Counsel Environmental Crimes Section U.S. Department of Justice Michigan Bar No. P45376 The defendant, TYSON POULTRY, INC., through its authorized representative, has I have consulted with its my attorneys and fully understands understand all of its my rights with respect to the offenses charged in the informationindictment. Further, undersigned representative has I have consulted with my attorneys and fully understand my rights with respect to the provisions of the Sentencing Guidelines and any statutory minimums. I have read this plea agreement and carefully reviewed every part of it with its corporate attorneys and fully understands the corporation’s rights with respect to the provisions of the Sentencing Guidelinesmy attorneys. The authorized representative understands I understand this plea agreement, agreement and I voluntarily agrees agree to it. 10/17/2012 /s/ Xxxxx Xxxxxxx Xxxxxx Dated: XXXXX XXXXXXX XXXXXX, and represents that TYSON POULTRYa/k/a Xxxxx Xxxxxxx Xxxxxx-Xxxxxx, INC.’s decision to enter this agreement was made in accordance with the terms of the corporation’s charter and bylaws. TYSON POULTRY, INC. Defendant Dated:9-27-2017 /s/ Xxxxxx X. Xxxxxx By: Xxxxxx X. Xxxxxx Vice President and Associated General Counsel Litigation and Regulatory Affairs for Tyson Foods, Inc. as Representative for Xxxxx Xxxxxxx, Inc. We are I am defendant XXXXX XXXXXXX, INC.’s attorneysXXXXXXX XXXXXX a/k/a Xxxxx Xxxxxxx Xxxxxx-Xxxxxx= attorney. We I have fully explained its his rights to him with respect to the offenses charged in the informationindictment. Further, we I have reviewed with him the provisions of the advisory United States Sentencing Guidelines and any statutory minimum sentences which might apply in his case. I have carefully reviewed every part of the this plea agreement with its corporate representativesthe defendant. To our knowledgemy knowledge and belief, XXXXX XXXXXXX, INC.’s XXXXXXX XXXXXX a/k/a Xxxxx Xxxxxxx Xxxxxx-Xxxxxx= decision to enter into this plea agreement is an informed and voluntary one, and was undertaken in accordance with the terms of its corporate charter and bylaws. Dated:9-27-2017 10/17/2012 /s/ Xxxxx Xxxxxx X. Xxxxx Xxxxx X. Xxxxx Xxxxxx Xxxxx Xxxxxxxx, P.C. Attorney for Defendant Dated:9-27-2017 /s/ Xxxxxxx Xxxxxxx Xxxxxxx Xxxxxxx Xxxxxx Xxxxxx LLC Attorney for Defendant ATTACHMENT A to PLEA AGREEMENT The plea agreement provides that Tyson Poultry, Inc. will pay $250,000.00 as organizational community service to the National Fish & Wildlife Foundation to be used to maintain and restore waters of the Western District of Missouri. The parties agree the payment will be used for the following projects. I. The Nature Conservancy of Missouri ($200,000) The Nature Conservancy in Missouri (Conservancy) is engaged in a streambank stabilization project on an -1,800-foot reach of eroding streambank located on the Elk River, 1.1 miles NNE of Xxxx, XxXxxxxx County, Missouri. The project includes full development and implementation of an engineering grade streambank stabilization design for the project area with a focus on bioengineering solutions.Dated: