Arm’s length bargaining Sample Clauses
The arm’s length bargaining clause establishes that the parties to an agreement are negotiating independently and without any special relationship that could influence the terms of the contract. In practice, this means that each party acts in its own best interest, and the terms are set as if the parties were unrelated, ensuring fairness and objectivity. This clause is crucial for preventing conflicts of interest and for ensuring that the agreement reflects market-standard terms, thereby protecting both parties from claims of undue influence or collusion.
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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.
Arm’s length bargaining. This Agreement has been negotiated at arms-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.
Arm’s length bargaining. The Management Fee paid by the Company ---------------------- to the Manager has been determined by the parties through good faith and arm's- length bargaining. Neither the Management Fee or any amount paid hereunder is intended to be, nor shall it be construed to be, an inducement or payment for referral of, or for recommending referral of, patients by the Company to the Manager (or to any Manager affiliate) or by the Manager (or by any Manager affiliate) to the Company; nor does the Management Fee include any discount, rebate, kickback, or other reduction in charges.
Arm’s length bargaining. The Management Fee paid by the Company to the Manager has been determined by the parties through good faith and arm's-length bargaining. No amount paid hereunder is intended to be, nor shall it be construed to be, an inducement or payment for referral of, or for recommending referral of, patients by the Company to the Manager (or to any Manager affiliate) or by the Manager (or by any Manager affiliate) to the Company. In addition, the Management Fee does not include any discount, rebate, kickback, or other reduction in charges, and the Management Fee is not intended to be, nor shall it be construed to be, an inducement or payment for referral, or recommendation of referral, of patients by the Company to the Manager (or to any Manager affiliate) or by the Manager (or by any Manager affiliate) to the Company.