Construction of this Agreement. The headings used in this Agreement are for convenience only and shall be disregarded in interpreting the substantive provisions of this Agreement. Time is of the essence of each term of the Loan Documents, including this Agreement. As used herein, the term "including" means "including, but not limited to," and the term "include(s)" means "include(s), without limitation." This Agreement has been drafted by all the parties hereto collectively. Therefore, each party to this Agreement agrees that any statute or rule of construction providing that ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of this Agreement.
Appears in 6 contracts
Samples: Second Modification Agreement (KBS Real Estate Investment Trust III, Inc.), Additional Advance and Modification Agreement (KBS Real Estate Investment Trust III, Inc.), Second Modification and Additional Advance Agreement (KBS Real Estate Investment Trust III, Inc.)
Construction of this Agreement. The headings used in this Agreement are for convenience only and shall be disregarded in interpreting the substantive provisions of this Agreement. Time is of the essence of each term of the Loan Documents, including this Agreement. As used herein, the term "“including" ” means "“including, but not limited to," ” and the term "“include(s)" ” means "“include(s), without limitation." ” This Agreement has been drafted by all the parties hereto collectively. Therefore, each party to this Agreement agrees that any statute or rule of construction providing that ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of this Agreement.
Appears in 2 contracts
Samples: And Additional Advance Agreement (KBS Real Estate Investment Trust III, Inc.), Second Modification Agreement (KBS Real Estate Investment Trust III, Inc.)
