Construction. The Parties have participated jointly in the negotiation and drafting of this Agreement. In the event an ambiguity or question of intent or interpretation arises, this Agreement shall be construed as if drafted jointly by the Parties and no presumption or burden of proof shall arise favoring or disfavoring any Party by virtue of the authorship of any of the provisions of this Agreement. Any reference to any federal, state, local, or foreign statute or law shall be deemed also to refer to all rules and regulations promulgated thereunder, unless the context requires otherwise. The word "including" shall mean including without limitation.
Appears in 172 contracts
Sources: Asset Purchase Agreement (Focus Impact BH3 NewCo, Inc.), Supply Agreement (Ecolocap Solutions Inc.), Stock Purchase Agreement (Trecora Resources)
Construction. The Parties have participated jointly in the negotiation and drafting of this Agreement. In the event an ambiguity or question of intent or interpretation arises, this Agreement shall be construed as if drafted jointly by the Parties and no presumption or burden of proof shall arise favoring or disfavoring any Party by virtue of the authorship of any of the provisions of this Agreement. Any reference to any federal, state, local, or foreign statute or law shall be deemed also to refer to all rules and regulations promulgated thereunder, unless the context requires otherwise. The word "“including" ” shall mean including without limitation.
Appears in 112 contracts
Sources: Asset Purchase Agreement (Sentinel Holdings Ltd.), Asset Purchase Agreement (Futuris Co), Asset Purchase Agreement (Futuris Co)
Construction. The Parties have participated jointly in the negotiation and drafting of this Agreement. In the event an ambiguity or question of intent or interpretation arises, this Agreement shall be construed as if drafted jointly by the Parties and no presumption or burden of proof shall arise favoring or disfavoring any Party by virtue of the authorship of any of the provisions of this Agreement. Any reference to any federal, state, local, or foreign statute or law shall be deemed also to refer to all rules and regulations promulgated thereunder, unless the context requires otherwiseotherwise requires. The word "including" shall mean including without limitation.
Appears in 102 contracts
Sources: Merger Agreement (flooidCX Corp.), Merger Agreement (Predictive Technology Group, Inc.), Merger Agreement (NB Manufacturing, Inc.)
Construction. The Parties parties have participated jointly in the negotiation and drafting of this Agreement. In the event an ambiguity or question of intent or interpretation arises, this Agreement shall be construed as if drafted jointly by the Parties parties and no presumption or burden of proof shall arise favoring or disfavoring any Party party by virtue of the authorship of any of the provisions of this Agreement. Any reference to any federal, state, local, or foreign statute or law shall be deemed also to refer to all rules and regulations promulgated thereunder, unless the context requires otherwise. The word "including" shall mean including without limitation.
Appears in 30 contracts
Sources: Asset Purchase Agreement (CurAegis Technologies, Inc.), Limited Liability Company Agreement (Ecolocap Solutions Inc.), Settlement Agreement (Sinofresh Healthcare Inc)
Construction. The Parties have participated jointly in the negotiation and drafting of this Agreement. In the event an ambiguity or question of intent or interpretation arises, this Agreement shall be construed as if drafted jointly by the Parties and no presumption or burden of proof shall arise favoring or disfavoring any Party by virtue of the authorship of any of the provisions of this Agreement. Any reference to any federal, state, local, or foreign statute or law shall be deemed also to refer to all rules and regulations promulgated thereunder, unless the context requires otherwiseotherwise requires. The word "“including" ” shall mean including without limitation.
Appears in 23 contracts
Sources: Merger Agreement (flooidCX Corp.), Merger Agreement (Q2 Holdings, Inc.), Merger Agreement (Q2 Holdings, Inc.)
Construction. The Parties have participated jointly in the negotiation and drafting of this Agreement. In the event an ambiguity or question of intent or interpretation arises, this Agreement shall be construed as if drafted jointly by the Parties and no presumption or burden of proof shall arise favoring or disfavoring any Party by virtue of the authorship of any of the provisions of this Agreement. Any reference to any federal, state, local, or foreign non-U.S. statute or law shall be deemed also to refer to all rules and regulations promulgated thereunder, unless the context requires otherwise. The word "“including" ” shall mean including without limitation.
Appears in 22 contracts
Sources: Interim Agreement, Asset Purchase Agreement (Silvergate Capital Corp), Equity Interest Purchase Agreement (Grove, Inc.)
Construction. The Parties parties have participated jointly in the negotiation and drafting of this Agreement. In the event an ambiguity or question of intent or interpretation arises, this Agreement shall be construed as if drafted jointly by the Parties parties and no presumption or burden of proof shall arise favoring or disfavoring any Party party by virtue of the authorship of any of the provisions of this Agreement. Any reference to any federal, state, local, or foreign statute or law shall be deemed also to refer to all rules and regulations promulgated thereunder, unless the context requires otherwise. The word "“including" ” shall mean including without limitation.
Appears in 18 contracts
Sources: Services Agreement, Asset Purchase Agreement, Asset Purchase Agreement (First Intercontinental Technology, Inc.)
Construction. The Parties have participated jointly in the negotiation and drafting of this Agreement. In the event an ambiguity or question of intent or interpretation arises, this Agreement shall be construed as if drafted jointly by the Parties and no presumption or burden of proof shall arise favoring or disfavoring any Party by virtue of the authorship of any of the provisions of this Agreement. Any reference to any federal, state, local, or foreign statute or law Law shall be deemed also to refer to all rules and regulations promulgated thereunder, unless the context requires otherwise. The word "“including" ” shall mean including without limitation.
Appears in 17 contracts
Sources: Asset Purchase Agreement (JOINT Corp), Unit Purchase Agreement (Orgenesis Inc.), Stock Purchase Agreement (Kingsway Financial Services Inc)
Construction. The Parties parties have participated jointly in the ------------ negotiation and drafting of this Agreement. In the event an ambiguity or question of intent or interpretation arises, this Agreement shall be construed as if drafted jointly by the Parties parties and no presumption or burden of proof shall arise favoring or disfavoring any Party party by virtue of the authorship of any of the provisions of this Agreement. Any reference to any federal, state, local, local or foreign statute or law shall be deemed also to refer to all rules and regulations promulgated thereunder, unless the context requires otherwise. The word "including" shall mean including means included, without limitation.
Appears in 16 contracts
Sources: Stock and Partnership Interest Purchase Agreement (Eastern Environmental Services Inc), Agreement and Plan of Reorganization (Eastern Environmental Services Inc), Agreement and Plan of Reorganization (Eastern Environmental Services Inc)
Construction. The Parties have participated jointly in the negotiation and drafting of this Agreement. In the event an ambiguity or question of intent or interpretation arises, this Agreement shall be construed as if drafted jointly by the Parties and no presumption or burden of proof shall arise favoring or disfavoring any Party by virtue of the authorship of any of the provisions of this Agreement. Any reference to any federal, state, local, or foreign statute or law shall be deemed also to refer to all rules and regulations promulgated thereunder, unless the context requires otherwise. The word "including" shall mean including without limitation.
Appears in 12 contracts
Sources: Stock Purchase Agreement (Equimed Inc), Contribution and Exchange Agreement (I Trax Com Inc), Asset Purchase Agreement (Nelson Thomas Inc)
Construction. The Parties have participated jointly in the negotiation and drafting of this Agreement. In the event an ambiguity or question of intent or interpretation arises, this Agreement shall be construed as if drafted jointly by the Parties and no presumption or burden of proof shall arise favoring or disfavoring any Party by virtue of the authorship of any of the provisions of this Agreement. Any reference to any federal, state, local, or foreign statute or law shall be deemed also to refer to all rules and regulations promulgated thereunder, unless the context requires otherwise. The word "" including" shall mean including without limitation.
Appears in 9 contracts
Sources: Stock Purchase Agreement (Ariel Way Inc), Stock Purchase Agreement (Evolution Resources, Inc.), Stock Purchase Agreement (Evolution Resources, Inc.)
Construction. The Parties have participated jointly in the negotiation and drafting of this Agreement. In the event an ambiguity or question of intent or interpretation arises, this Agreement shall be construed as if drafted jointly by the Parties and no presumption or burden of proof shall arise favoring or disfavoring any Party by virtue of the authorship of any of the provisions of this Agreement. Any reference to any federal, state, local, or foreign statute or law shall be deemed also to refer to all rules and regulations promulgated thereunder, unless the context requires otherwise. The word "“including" ” shall mean “including without limitation”.
Appears in 9 contracts
Sources: Securities Purchase Agreement (Uil Holdings Corp), Stock Purchase Agreement (Firstwave Technologies Inc), Securities Purchase Agreement (Uil Holdings Corp)
Construction. The Parties have participated jointly in the ------------ negotiation and drafting of this Agreement. In the event an ambiguity or question of intent or interpretation arises, this Agreement shall be construed as if drafted jointly by the Parties and no presumption or burden of proof shall arise favoring or disfavoring any Party by virtue of the authorship of any of the provisions of this Agreement. Any reference to any federal, state, local, or foreign statute or law shall be deemed also to refer to all rules and regulations promulgated thereunder, unless the context requires otherwise. The word "including" shall mean including without limitation.
Appears in 8 contracts
Sources: Purchase Agreement (Luiginos Inc), Asset Purchase Agreement (Blue Rhino Corp), Stock Purchase Agreement (Sealy Corp)
Construction. The Parties have participated jointly in the negotiation and drafting of this Agreement. In the event an ambiguity or question of intent or interpretation arises, this Agreement shall will be construed as if drafted jointly by the Parties and no presumption or burden of proof shall will arise favoring or disfavoring any Party by virtue of the authorship of any of the provisions of this Agreement. Any reference to any federal, state, local, or foreign statute or law shall will be deemed also to refer to all rules and regulations promulgated thereunder, unless the context requires otherwiseotherwise requires. The word "“including" shall ” will mean including without limitation. Time is of the essence of each provision of this Agreement.
Appears in 8 contracts
Sources: Merger Agreement (Vinco Ventures, Inc.), Merger Agreement (CDSS Wind Down Inc), Merger Agreement (CDSS Wind Down Inc)
Construction. The Parties have participated jointly in the negotiation and drafting of this Agreement. In the event an ambiguity or question of intent or interpretation arises, this Agreement shall be construed as if drafted jointly by the Parties and no presumption or burden of proof shall arise favoring or disfavoring any Party by virtue of the authorship of any of the provisions of this Agreement. Any reference to any federal, state, local, local or foreign statute or law shall be deemed also to refer to all rules and regulations promulgated thereunder, unless the context requires otherwise. The word "including" shall mean including without limitation.
Appears in 8 contracts
Sources: Purchase and Sale Agreement (Midcoast Energy Resources Inc), Purchase and Sale Agreement (Midcoast Energy Resources Inc), Stock Purchase Agreement (Von Hoffmann Holdings Inc)
Construction. The Parties parties have participated jointly in the negotiation and drafting of this Agreement. In the event an ambiguity or question of intent or interpretation arises, this Agreement shall be construed as if drafted jointly by the Parties parties and no presumption or burden of proof shall arise favoring or disfavoring any Party party by virtue of the authorship of any of the provisions of this Agreement. Any reference to any federal, state, local, or foreign statute or law Law shall be deemed also to refer to all rules and regulations promulgated thereunder, unless the context requires otherwise. The word "“including" ” shall mean including without limitation.
Appears in 8 contracts
Sources: Membership Interest Purchase Agreement (Boxlight Corp), Stock Purchase Agreement (International Packaging & Logistics Group Inc.), Stock Purchase Agreement (Boxlight Corp)
Construction. The Parties parties have participated jointly in the negotiation and drafting of this Agreement. In the event an ambiguity or question of intent or interpretation arises, this Agreement shall be construed as if drafted jointly by the Parties parties and no presumption or burden of proof shall arise favoring or disfavoring any Party party by virtue of the authorship of any of the provisions of this Agreement. Any reference to any federal, state, local, or foreign statute or law shall be deemed also to refer to all rules and regulations promulgated thereunder, unless the context requires otherwiseotherwise requires. The word "including" shall mean including without limitation.
Appears in 8 contracts
Sources: Merger Agreement (Ivoice, Inc /Nj), Agreement and Plan of Merger (Ivoice, Inc /Nj), Agreement and Plan of Merger (Ponte Nossa Acquisition Corp)
Construction. The Parties parties have participated jointly in the negotiation and drafting of this Agreement. In the event an ambiguity or question of intent or interpretation arises, this Agreement shall be construed as if drafted jointly by the Parties parties and no presumption or burden of proof shall arise favoring or disfavoring any Party party by virtue of the authorship of any of the provisions of this Agreement. Any reference to any federal, state, local, state or foreign local statute or law shall be deemed also to refer to all rules and regulations promulgated thereunder, unless the context requires otherwise. The word "“including" ” shall mean including without limitation.
Appears in 8 contracts
Sources: Employment Agreement (Dynaresource Inc), Employment Agreement (Dynaresource Inc), Employment Agreement (Hooper Holmes Inc)
Construction. The Parties have participated jointly in the negotiation and drafting of this Agreement. In the event an ambiguity or question of intent or interpretation arises, this Agreement shall be construed as if drafted jointly by the Parties and no presumption or burden of proof shall arise favoring or disfavoring any Party by virtue of the authorship of any of the provisions of this Agreement. Any reference to any federal, state, local, or foreign statute or law shall be deemed also to refer to all rules and regulations promulgated thereunder, unless the context requires otherwise. The word "including" shall mean including without limitation. The Parties intend that each representation, warranty, and covenant contained herein shall have independent significance.
Appears in 7 contracts
Sources: Merger Agreement (Dynamicweb Enterprises Inc), Stock Purchase Agreement (Tanox Inc), Purchase and Sale Agreement (U S Liquids Inc)
Construction. The Parties parties have participated jointly in the negotiation and drafting of this Agreement. In the event an ambiguity or question of intent or interpretation arises, this Agreement shall be construed as if drafted jointly by the Parties parties and no presumption or burden of proof shall arise favoring or disfavoring any Party party by virtue of the authorship of any of the provisions of this Agreement. Any reference to any federal, state, local, local or foreign statute or law shall be deemed also to refer to all rules and regulations promulgated thereunder, unless the context requires otherwise. The word "“including" ” shall mean including without limitation. Any reference to the singular in this Agreement shall also include the plural and vice versa.
Appears in 6 contracts
Sources: Membership Interest Purchase Agreement, Membership Interest Purchase Agreement (Brookside Technology Holdings, Corp.), Asset Purchase Agreement (Carbiz Inc)
Construction. The Parties have participated jointly in the negotiation and drafting of this Agreement. In the event an ambiguity or question of intent or interpretation arises, this Agreement shall be construed as if drafted jointly by the Parties and no presumption or burden of proof shall arise favoring or disfavoring any either Party by virtue of the authorship of any of the provisions of this Agreement. Any reference to any federal, state, local, local or foreign statute or law shall be deemed also to refer to all rules and regulations promulgated thereunder, unless the context requires otherwiseotherwise requires. The word "“including" ” shall mean including without limitation.
Appears in 5 contracts
Sources: Stock Purchase Agreement (Hythiam Inc), Purchase and Sale Agreement (Affirmative Insurance Holdings Inc), Stock Purchase Agreement (Hythiam Inc)
Construction. The Parties parties have participated jointly in the ------------ negotiation and drafting of this Agreement. In the event an ambiguity or question of intent or interpretation arises, this Agreement shall be construed as if drafted jointly by the Parties parties and no presumption or burden of proof shall arise favoring or disfavoring any Party party by virtue of the authorship of any of the provisions of this Agreement. Any reference to any federal, state, local, local or foreign statute or law shall be deemed also to refer to all rules and regulations promulgated thereunder, unless the context requires otherwise. The word "includingIncluding" shall mean including means included, without limitation.
Appears in 5 contracts
Sources: Asset Purchase Agreement (Eastern Environmental Services Inc), Agreement for the Sale and Purchase of Stock and Real Estate (Eastern Environmental Services Inc), Stock Purchase Agreement (Eastern Environmental Services Inc)
Construction. The Parties have participated jointly in the negotiation and drafting of this Agreement. In the event an ambiguity or question of intent or interpretation arises, this Agreement shall be construed as if drafted jointly by the Parties and no presumption or burden of proof shall arise favoring or disfavoring any Party by virtue of the authorship of any of the provisions of this Agreement. Any reference to any federal, state, local, or foreign statute or law Law shall be deemed also to refer to all rules and regulations promulgated thereunder, unless the context requires otherwise. The word "“including" ” shall mean including without limitation.
Appears in 5 contracts
Sources: Purchase and Sale Agreement, Asset Purchase Agreement (Blue Dolphin Energy Co), Asset Purchase Agreement (KMG Chemicals Inc)
Construction. The Parties parties hereto have participated jointly in the negotiation and drafting of this Agreement. In the event an ambiguity or question of intent or interpretation arises, this Agreement shall be construed as if drafted jointly by the Parties parties hereto and no presumption or burden of proof shall arise favoring or disfavoring any Party party hereto by virtue of the authorship of any of the provisions of this Agreement. Any reference to any federal, state, local, or foreign statute or law shall be deemed also to refer to all rules and regulations promulgated thereunder, unless the context requires otherwise. The word "“including" ” shall mean including without limitation.
Appears in 5 contracts
Sources: Stock Exchange Agreement (Idt Corp), Stock Exchange Agreement (Idt Corp), Stock Purchase Agreement (Idt Corp)
Construction. The Parties have participated jointly in the negotiation and drafting of this Agreement. In the event an ambiguity or question of intent or interpretation arises, this Agreement shall be construed as if drafted jointly by the Parties and no presumption or burden of proof shall arise favoring or disfavoring any Party by virtue of the authorship of any of the provisions of this Agreement. Any reference to any federal, state, local, or foreign statute or law shall be deemed also to refer to all rules and regulations promulgated thereunder, unless the context requires otherwise. The word "“including" ” shall mean including without limitation.
Appears in 5 contracts
Sources: Management Services Agreement, Services Agreement (Ability Inc.), Services Agreement (Ability Inc.)
Construction. The Parties have participated jointly in the negotiation and drafting of this Agreement. In the event an ambiguity or question of intent or interpretation arises, this Agreement shall be construed as if drafted jointly by the Parties and no presumption or burden of proof shall arise favoring or disfavoring any Party by virtue of the authorship of any of the provisions of this Agreement. Any reference to any federal, state, local, or foreign statute or law shall be deemed also to refer to all rules and regulations promulgated thereunder, unless the context requires otherwise. The word "including" including shall mean including without limitation.
Appears in 5 contracts
Sources: Transition Services Agreement (Truett-Hurst, Inc.), Asset Purchase Agreement (Pure Capital Inc), Asset Purchase Agreement (Authentidate Holding Corp)
Construction. The Parties have participated jointly in the negotiation and drafting of this Agreement. In the event an ambiguity or question of intent or interpretation arises, this Agreement shall be construed as if drafted jointly by the Parties and no presumption or burden of proof shall arise favoring or disfavoring any Party by virtue of the authorship of any of the provisions of this Agreement. Any reference to any federal, state, local, or foreign statute or law shall be deemed also to refer to all rules and regulations promulgated thereunder, unless the context requires otherwise. The word "“ including" ” shall mean including without limitation.
Appears in 5 contracts
Sources: Asset Purchase Agreement (Tan Wei Han), Securities Purchase Agreement (Ifth Acquisition Corp), Acquisition Agreement (Nitches Inc)
Construction. The Parties have participated jointly in the negotiation and drafting of this Agreement. In the event an ambiguity or question of intent or interpretation arises, this Agreement shall be construed as if drafted jointly by the Parties and no presumption or burden of proof shall arise favoring or disfavoring any Party by virtue of the authorship of any of the provisions of this Agreement. Any reference to any federal, state, local, local or foreign statute or law shall be deemed also to refer to all rules and regulations promulgated thereunder, unless the context requires otherwise. The word "“including" ” shall mean including without limitation.
Appears in 5 contracts
Sources: Agreement for Sale of Utility System, Agreement for Sale of Utility System, Sale Agreement
Construction. The Parties parties have participated jointly in the negotiation and drafting of this Agreement. In the event an ambiguity or question of intent or interpretation arises, this Agreement shall be construed as if drafted jointly by the Parties parties and no presumption or burden of proof shall arise favoring or disfavoring any Party party by virtue of the authorship of any of the provisions of this Agreement. Any reference to any federal, state, local, or foreign statute or law Law shall be deemed also to refer to all rules and regulations promulgated thereunder, unless the context requires otherwise. The word "including" shall mean including without limitation.
Appears in 4 contracts
Sources: Asset Purchase Agreement (Digimarc Corp), Stock Purchase Agreement (Carmike Cinemas Inc), Stock Purchase Agreement (Carmike Cinemas Inc)
Construction. The Parties have participated jointly in the negotiation and drafting of this Agreement. In the event an ambiguity or question of intent or interpretation arises, this Agreement shall be construed as if drafted jointly by the Parties and no presumption or burden of proof shall arise favoring or disfavoring any Party by virtue of the authorship of any of the provisions of this Agreement. Any reference to any federal, state, local, local or foreign statute or law shall Law will be deemed also to refer to all rules and regulations promulgated thereunder, unless the context requires otherwise. The word "including" shall mean including without limitation. Any reference to the singular in this Agreement shall also include the plural and vice versa. This Agreement has been drafted, negotiated and executed in the English language. If this Agreement is translated into another language, the English language text shall govern and prevail for all purposes.
Appears in 4 contracts
Sources: Share Exchange Agreement (Newgioco Group, Inc.), Share Exchange Agreement (Newgioco Group, Inc.), Share Exchange Agreement (Empire Global Corp.)
Construction. The Parties parties hereto have participated jointly in the negotiation and drafting of this Agreement. In the event an ambiguity or question of intent or interpretation arises, this Agreement shall be construed as if drafted jointly by the Parties parties and no presumption or burden of proof shall arise favoring or disfavoring any Party party by virtue of the authorship of any of the provisions of this Agreement. Any reference to any federal, state, local, or foreign statute or law shall be deemed also to refer to all rules and regulations promulgated thereunder, unless the context requires otherwise. The word "“including" ” shall mean “including without limitation”.
Appears in 4 contracts
Sources: Secured Creditor Asset Purchase Agreement, Secured Creditor Asset Purchase Agreement (XZERES Corp.), Foreclosure Sale Agreement (MultiCell Technologies, Inc.)
Construction. The Parties parties have participated jointly in the negotiation and drafting of this Agreement. In the event an ambiguity or question of intent or interpretation arises, this Agreement shall be construed as if drafted jointly by the Parties parties and no presumption of burden or burden of proof shall arise favoring or disfavoring any Party party by virtue of the authorship of any of the provisions of this Agreement. Any reference to any federal, state, local, or foreign statute or law shall be deemed also to refer to all rules and regulations promulgated thereunder, unless the context requires required otherwise. The word "“including" ” shall mean including without limitation.
Appears in 4 contracts
Sources: Stockholders Agreement (Johnsondiversey Inc), Stockholders Agreement (Johnsondiversey Holdings Inc), Stockholders Agreement (Johnsondiversey Inc)
Construction. The Parties have participated jointly in the negotiation and drafting of this Agreement. In the event an ambiguity or question of intent or interpretation arises, this Agreement shall be construed as if drafted jointly by the Parties Parties, and no presumption or burden of proof shall arise favoring or disfavoring any either Party by virtue of the authorship of any of the provisions of this Agreement. Any reference to any federal, state, local, or foreign statute or law shall be deemed also to refer to all rules and regulations promulgated thereunder, unless the context requires otherwise. The word "including" shall mean including without limitation. The Parties intend that each representation, warranty, and covenant contained herein shall have independent significance.
Appears in 4 contracts
Sources: Switch Agreement (Equalnet Holding Corp), Merger Agreement (Equalnet Holding Corp), Switch Agreement (Willis Mark)
Construction. The Parties have participated jointly in the negotiation and drafting of this Agreement. In the event an ambiguity or question of intent or interpretation arises, this Agreement shall be construed as if drafted jointly by the Parties and no presumption or burden of proof shall arise favoring or disfavoring any Party by virtue of the authorship of any of the provisions of this Agreement. Any reference to any federal, state, local, or foreign statute or law shall be deemed also to refer to all rules and regulations promulgated thereunder, unless the context requires otherwiseotherwise requires. The word "including" including shall mean including without limitation.
Appears in 4 contracts
Sources: Merger Agreement (Victor Industries Inc), Merger Purchase Agreement (Glas-Aire Industries Group LTD), Asset Purchase Agreement (Glas-Aire Industries Group LTD)
Construction. The Parties have participated jointly in the negotiation and drafting of this Agreement. In the event an ambiguity or question of intent or interpretation arises, this Agreement shall be construed as if drafted jointly by the Parties and no rule of strict construction, presumption or burden of proof shall arise favoring or disfavoring any Party by virtue of the authorship of any of the provisions of this Agreement. Any reference to any federalAs used herein, state, local, or foreign statute or law the word “including” shall be deemed also to refer to all rules and regulations promulgated thereunder, unless the context requires otherwise. The word "including" shall mean “including without limitation” and the word “will” has the same meaning as the word “shall” and means an imperative.
Appears in 4 contracts
Sources: Asset Transfer and License Agreement, Asset Transfer and License Agreement (Avenue Therapeutics, Inc.), Asset Transfer and License Agreement (Avenue Therapeutics, Inc.)
Construction. The Parties have participated jointly in the negotiation and drafting of this Agreement. In the event an ambiguity or question of intent or interpretation arises, this Agreement shall will be construed as if drafted jointly by the Parties and no presumption or burden of proof shall will arise favoring or disfavoring any Party by virtue of the authorship of any of the provisions of this Agreement. Any reference to any federal, state, local, or foreign statute or law shall will be deemed also to refer to all rules and regulations promulgated thereunder, unless the context requires otherwiseotherwise requires. The word "“including" shall ” will mean including without limitation.
Appears in 4 contracts
Sources: Merger Agreement (Hythiam Inc), Merger Agreement (Hythiam Inc), Merger Agreement (Comprehensive Care Corp)
Construction. The Parties parties have participated jointly in the negotiation and drafting of this Agreement. In the event an any ambiguity or question of intent or interpretation arises, this Agreement shall be construed as if drafted jointly by the Parties parties, and no presumption or burden of proof shall arise favoring or disfavoring any Party either party by virtue of the authorship of any of the provisions of this Agreement. Any reference in this Agreement to any federal, state, local, or foreign statute or law shall be deemed also to refer to all rules and regulations promulgated thereunder, unless the context requires otherwise. The word "including" shall mean "including without limitation".
Appears in 3 contracts
Sources: Contribution and Registration Agreement (Reliant Energy Inc), Registration Agreement (Pride International Inc), Contribution and Registration Agreement (Centerpoint Energy Inc)
Construction. The Parties have participated jointly in the negotiation and drafting of this Agreement. In the event an ambiguity or question of intent or interpretation arises, this Agreement shall be construed as if drafted jointly by the Parties and no presumption or burden of proof shall arise favoring or disfavoring any Party by virtue of the authorship of any of the provisions of this Agreement. Any reference to any federal, state, local, local or foreign statute or law shall be deemed also to refer to all rules and regulations promulgated thereunderthere under, unless the context requires otherwise. The word "“including" ” shall mean including without limitation.
Appears in 3 contracts
Sources: Stock Purchase Agreement (Nexeon Medsystems Inc), Merger Agreement (Nexeon Medsystems Inc), Asset Purchase Agreement (Newtek Business Services Inc)
Construction. The Parties have participated jointly in the negotiation and drafting of this Agreement. In the event an ambiguity or question of intent or interpretation arises, this Agreement shall be construed as if drafted jointly by the Parties and no presumption or burden of proof shall arise favoring or disfavoring any Party by virtue of the authorship of any of the provisions of this Agreement. Any reference to any federal, state, local, or foreign non-U.S. statute or law shall be deemed also to refer to all rules and regulations promulgated thereunder, unless the context requires otherwise. The word "‘‘including" ’’ shall mean including without limitation.
Appears in 3 contracts
Sources: Reorganization and Asset Acquisition Agreement, Reorganization and Asset Acquisition Agreement (Green 4 Media, Inc.), Asset Purchase Agreement (Cambium Learning Group, Inc.)
Construction. The Parties have participated jointly in the negotiation and drafting of this Agreement. In the event an ambiguity or question of intent or interpretation arises, this Agreement shall be construed as if drafted jointly by the Parties and no presumption or burden of proof shall arise favoring or disfavoring any Party by virtue of the authorship of any of the provisions of this Agreement. Any reference to any federal, state, local, local or foreign statute or law shall will be deemed also to refer to all rules and regulations promulgated thereunder, unless the context requires otherwise. The word "“including" ” shall mean including without limitation. Any reference to the singular in this Agreement shall also include the plural and vice versa.
Appears in 3 contracts
Sources: Stock Purchase Agreement (Network 1 Financial Group, Inc.), Stock Purchase Agreement (National Investment Managers Inc.), Stock Purchase Agreement (National Investment Managers Inc.)
Construction. The Parties have participated jointly in the negotiation and drafting of this Agreement. In the event an ambiguity or question of intent or interpretation arises, this Agreement shall be construed as if drafted jointly by the Parties and no presumption or burden of proof shall arise favoring or disfavoring any Party by virtue of the authorship of any of the provisions of this Agreement. Any reference to any federal, state, local, local or foreign statute or law shall be deemed also to refer to all rules and regulations promulgated thereunderthereby, unless the context requires otherwise. The word "“including" ” shall mean including without limitation.
Appears in 3 contracts
Sources: Merger Agreement (Nexeon Medsystems Inc), Merger Agreement (Nexeon Medsystems Inc), Merger Agreement (Nexeon Medsystems Inc)
Construction. The Parties parties have participated jointly in the negotiation and drafting of this Agreement. In the event an ambiguity or question of intent or interpretation arises, this Agreement shall be construed as if drafted jointly by the Parties parties and no presumption or burden of proof shall arise favoring or disfavoring any Party party by virtue of the authorship of any of the provisions of this Agreement. Any reference to any federal, state, local, or foreign statute or law Law shall be deemed also to refer to all rules and regulations promulgated thereunder, unless the context requires otherwise. The word "“including" ” shall mean including without limitation.
Appears in 3 contracts
Sources: Stock Purchase Agreement (Bio-Matrix Scientific Group, Inc.), Stock Purchase Agreement (JB Clothing Corp), Stock Purchase Agreement (Tasco Holdings International, Inc.)
Construction. The Parties have participated jointly in the negotiation and drafting of this Agreement. In the event an ambiguity or question of intent or interpretation arises, this Agreement shall be construed as if drafted jointly by the Parties and no presumption or burden of proof shall arise favoring or disfavoring any Party party by virtue of the authorship of any of the provisions of this Agreement. Any reference to any federal, state, local, or foreign statute or law shall be deemed also to refer to all rules and regulations promulgated thereunder, unless the context requires otherwise. The word "“including" ” shall mean including without limitation.
Appears in 3 contracts
Sources: Stock Purchase Agreement (Metu Brands, Inc.), Stock Purchase Agreement (Engage Mobility, Inc), Merger Agreement (Equifax Inc)
Construction. The Parties have participated jointly in the negotiation and drafting of this Agreement. In the event an ambiguity or question of intent or interpretation arises, this Agreement shall be construed as if drafted jointly by the Parties and no presumption or burden of proof shall arise favoring or disfavoring any Party by virtue of the authorship of any of the provisions of this Agreement. Any reference to any federal, state, local, or foreign non-U.S. statute or law shall be deemed also to refer to all rules and regulations promulgated thereunder, unless the context requires otherwise. The word "“including" ” shall mean including without limitation. The Parties intend that each representation, warranty, and covenant contained herein shall have independent significance.
Appears in 3 contracts
Sources: Securities Purchase Agreement, Securities Purchase Agreement (Red White & Bloom Brands Inc.), Membership Interest Purchase and Exchange Agreement
Construction. The Parties parties have participated jointly in the negotiation and drafting of this Agreement. In the event an ambiguity or question of intent or interpretation arises, this Agreement shall be construed as if drafted jointly by the Parties parties and no presumption or burden of proof shall arise favoring or disfavoring any Party party by virtue of the authorship of any of the provisions of this Agreement. Any reference to any federal, state, local, state or foreign local statute or law shall be deemed also to refer to all rules and regulations promulgated thereunder, unless the context requires otherwise. The word "including" shall mean "including without limitation."
Appears in 3 contracts
Sources: Merger Agreement (Province Healthcare Co), Merger Agreement (Province Healthcare Co), Stock Purchase and Sale Agreement (Province Healthcare Co)
Construction. The Parties parties have participated jointly in the negotiation and drafting of this Agreement. In the event If an ambiguity or question of intent or interpretation arises, this Agreement shall be construed as if drafted jointly by the Parties parties, and no presumption or burden of proof shall arise favoring or disfavoring any Party party by virtue of the authorship of any of the provisions of this Agreement. Any reference to any federal, state, local, state or foreign local statute or law shall be deemed also to refer to all rules and regulations promulgated thereunder, unless the context requires otherwise. The word "including" shall mean "including without limitation."
Appears in 3 contracts
Sources: Purchase Agreement (Omega Healthcare Investors Inc), Purchase Agreement (Integrated Health Services Inc), Purchase Agreement (Alterra Healthcare Corp)
Construction. The Parties have participated jointly in the negotiation and drafting of this Agreement. In the event an ambiguity or question of intent or interpretation arises, this Agreement shall be construed as if drafted jointly by the Parties Parties, and no presumption or burden of proof shall arise favoring or disfavoring any Party by virtue of the authorship of any of the provisions of this Agreement. Any reference to any federal, state, local, or foreign statute or law shall be deemed also to refer to all rules and regulations promulgated thereunder, unless the context requires otherwiseotherwise requires. The word "including" shall mean including without limitation.
Appears in 3 contracts
Sources: Rescission Agreement (Netco Investments, Inc.), Rescission Agreement (Netco Investments, Inc.), Rescission Agreement (Gambino Apparel Group, Inc.)
Construction. The Parties have participated jointly in the negotiation and drafting of this Agreement. In the event If an ambiguity or question of intent or interpretation arises, this Agreement shall be construed as if drafted jointly by the Parties and no presumption or burden of proof shall arise favoring or disfavoring any Party by virtue because of the authorship of any of the provisions provision of this Agreement. Any reference to any federal, state, local, local or foreign statute or law Law shall be deemed also to refer to Law, as amended as of the date of the applicable reference, and all rules and regulations promulgated thereunder, unless the context requires otherwise. The word "“including" shall mean ” means “including without limitation.” The Parties intend that each representation, warranty and covenant contained herein shall have independent significance.
Appears in 3 contracts
Sources: Asset Purchase Agreement, Asset Purchase Agreement (Hercules Offshore, LLC), Asset Purchase Agreement (Hercules Offshore, Inc.)
Construction. The Parties have participated jointly in the negotiation and drafting of this Agreement. In the event an ambiguity or question of intent or interpretation arises, this Agreement shall will be construed as if drafted jointly by the Parties and no presumption or burden of proof shall will arise favoring or disfavoring any Party by virtue of the authorship of any of the provisions of this Agreement. Any reference to any federal, state, local, or foreign statute or law shall will be deemed also to refer to all rules and regulations promulgated thereunder, unless the context requires otherwiseotherwise requires. The word "including" shall will mean including without limitation. Time is of the essence of each provision of this Agreement.
Appears in 3 contracts
Sources: Merger Agreement (Alpine 4 Technologies Ltd.), Merger Agreement (Alpine 4 Technologies Ltd.), Merger Agreement (Exclusive Apparel, Inc.)
Construction. The Parties have participated jointly in the negotiation ------------ and drafting of this Agreement. In the event an ambiguity or question of intent or interpretation arises, this Agreement shall be construed as if drafted jointly by the Parties and no presumption or burden of proof shall arise favoring or disfavoring any Party by virtue of the authorship of any of the provisions of this Agreement. Any reference to any federal, state, local, or foreign statute or law shall be deemed also to refer to all rules and regulations promulgated thereunder, unless the context requires otherwise. The word "including" shall mean including without limitation.
Appears in 3 contracts
Sources: Merger Agreement (Radio One Inc), Merger Agreement (Radio One Inc), Stock Purchase Agreement (Master Graphics Inc)
Construction. The Parties parties hereto have participated jointly in the negotiation and drafting of this Agreement. In the event an ambiguity or question of intent or interpretation arises, this Agreement shall be construed as if drafted jointly by the Parties parties and no presumption or burden of proof shall arise favoring or disfavoring any Party party by virtue of the authorship of any of the provisions of this Agreement. Any reference to any federal, state, local, or foreign statute or law shall be deemed also to refer to all rules and regulations promulgated thereunder, unless the context requires otherwise. The word "including" shall mean "including without limitation".
Appears in 3 contracts
Sources: Purchase and Sale Agreement (Nestor Inc), Purchase and Sale Agreement (Iq Biometrix Inc), Purchase Agreement (Iq Biometrix Inc)
Construction. The Parties parties have participated jointly in the negotiation and drafting of this Agreement. In the event an ambiguity or question of intent or interpretation arises, this Agreement shall be construed as if drafted jointly by the Parties parties and no presumption or burden of proof shall arise favoring or disfavoring any Party party by virtue of the authorship of any of the provisions of this Agreement. Any reference to any federal, state, local, or foreign statute or law shall be deemed also to refer to all rules and regulations promulgated thereunder, unless the context requires otherwiseotherwise requires. The word "“including" ” as used in this Agreement shall mean including without limitation.
Appears in 3 contracts
Sources: Consulting Agreement (GlobalTel IP, Inc.), Consulting Agreement (GlobalTel IP, Inc.), Consulting Agreement (GlobalTel IP, Inc.)
Construction. (a) The Parties have participated jointly in the negotiation and drafting of this Agreement. In the event an ambiguity or question of intent or interpretation arises, this Agreement shall be construed as if drafted jointly by the Parties and no presumption or burden of proof shall arise favoring or disfavoring any Party by virtue of the authorship of any of the provisions of this Agreement. Any reference to any federal, state, local, or foreign statute or law shall be deemed also to refer to all rules and regulations promulgated thereunder, unless the context requires otherwise. The word "including" shall mean including without limitation.
Appears in 3 contracts
Sources: Asset Purchase and Sale Agreement (Elscint LTD), Transaction Agreement (Elbit Medical Imaging LTD), Framework Transaction Agreement (Elbit Medical Imaging LTD)
Construction. The Parties parties have participated jointly in the ------------ negotiation and drafting of this Agreement. In the event an ambiguity or question of intent or interpretation arises, this Agreement shall be construed as if drafted jointly by the Parties parties and no presumption or burden of proof shall arise favoring or disfavoring any Party party by virtue of the authorship of any of the provisions of this Agreement. Any reference to any federal, state, local, or foreign statute or law shall be deemed also to refer to all rules and regulations promulgated thereunder, unless the context requires otherwise. The word "including" shall mean including without limitation.
Appears in 3 contracts
Sources: Merger Agreement (Imall Inc), Stock Purchase Agreement (Sheffield Steel Corp), Purchase Agreement (Ein Acquisition Corp)
Construction. The Parties have participated jointly in the negotiation and drafting of this Agreement. In the event an ambiguity or question of intent or interpretation arises, this Agreement shall be construed as if drafted jointly by the Parties and no presumption or burden of proof shall arise favoring or disfavoring any Party by virtue of the authorship of any of the provisions of this Agreement. Any reference to any federal, state, local, or foreign statute or law shall be deemed also to refer to all rules and regulations promulgated thereunder, unless the context requires otherwise. The word "“including" shall mean ” means “including without limitation.”
Appears in 3 contracts
Sources: Contribution and Exchange Agreement (LNR Capital CORP), Equity Acquisition Agreement (LNR Capital CORP), Purchase Agreement (LNR Capital CORP)
Construction. The Parties parties have participated jointly in the negotiation and drafting of this Agreement. In the event an ambiguity or question of intent or interpretation arises, this Agreement shall be construed as if drafted jointly by the Parties parties and no presumption or burden of proof shall arise favoring or disfavoring any Party party by virtue of the authorship of any of the provisions of this Agreement. Any reference to any federal, state, local, local or foreign statute or law shall be deemed also to refer to all rules and regulations promulgated thereunder, unless the context requires otherwise. The word "including" shall mean including means included, without limitation.
Appears in 3 contracts
Sources: Asset Purchase Agreement (Mace Security International Inc), Asset Purchase Agreement (Mace Security International Inc), Asset Purchase Agreement (Mace Security International Inc)
Construction. The Parties parties have participated jointly in the negotiation and drafting of this Agreement. In the event an ambiguity or question of intent or interpretation arises, this Agreement shall be construed as if drafted jointly by the Parties parties and no presumption or burden of proof shall arise favoring or disfavoring any Party party by virtue of the authorship of any of the provisions of this Agreement. Any reference to any federal, state, local, local or foreign statute or law shall be deemed also to refer to all rules and regulations promulgated thereunder, unless the context requires otherwise. The word "including" shall mean including without limitation.
Appears in 3 contracts
Sources: Employment Agreement (Party City Corp), Purchase Agreement (GNC Corp), Purchase Agreement (Nbty Inc)
Construction. The Parties parties have participated jointly in the negotiation and drafting of this Agreement. In the event an ambiguity or question of intent or interpretation arises, this Agreement shall be construed as if drafted jointly by the Parties parties and no presumption or burden of proof shall arise favoring or disfavoring any Party party by virtue of the authorship of any of the provisions of this Agreement. Any reference to any federal, state, local, or foreign statute or law shall be deemed also to refer to all rules and regulations promulgated thereunder, unless the context requires otherwise. The word "includingINCLUDING" shall mean including without limitation.
Appears in 3 contracts
Sources: Employment Agreement (Marsh & McLennan Companies, Inc.), Securities Purchase Agreement (Remec Inc), License Agreement (Remec Inc)
Construction. The Parties have participated jointly in the negotiation and drafting of this Agreement. In the event an ambiguity or question of intent or interpretation arises, this Agreement shall be construed as if drafted jointly by the Parties and no presumption or burden of proof shall arise favoring or disfavoring any Party by virtue of the authorship of any of the provisions of this Agreement. Any reference to any federal, state, local, or foreign statute or law shall be deemed also to refer to all rules and regulations promulgated thereunder, unless the context requires otherwiseotherwise requires. The word term "including" shall mean "including without limitation."
Appears in 3 contracts
Sources: Merger Agreement (Myecheck, Inc.), Merger Agreement (Myecheck, Inc.), Merger Agreement (Myecheck, Inc.)
Construction. The Parties have participated jointly in the negotiation and drafting of this Agreement. In the event an ambiguity or question of intent or interpretation arises, this Agreement shall be construed as if drafted jointly by the Parties and no presumption or burden of proof shall arise favoring or disfavoring any Party by virtue of the authorship of any of the provisions of this Agreement. Any reference to any federal, state, local, or foreign non-U.S. statute or law shall be deemed also to refer to all rules and regulations promulgated thereunder, unless the context requires otherwise. The word "including" shall mean including without limitation.
Appears in 3 contracts
Sources: Equity Interest Purchase Agreement (Upexi, Inc.), Stock Purchase Agreement (General Employment Enterprises Inc), Stock Purchase Agreement (General Employment Enterprises Inc)
Construction. The Parties hereto have participated jointly in the negotiation and drafting of this Agreement. In the event an ambiguity or question of intent or interpretation arises, this Agreement shall be construed as if drafted jointly by the Parties and no presumption or burden of proof shall arise favoring or disfavoring any Party by virtue of the authorship of any of the provisions of this Agreement. Any reference to any federal, state, local, or foreign statute or law shall be deemed also to refer to all rules and regulations promulgated thereunder, unless the context requires otherwise. The word "“including" ” shall mean “including without limitation.”
Appears in 2 contracts
Sources: Asset Purchase and License Agreement (Amtrust Financial Services, Inc.), Asset Purchase and License Agreement (National General Holdings Corp.)
Construction. The Parties parties hereto have participated jointly in the negotiation and drafting of this Agreement. In the event an ambiguity or question of intent or interpretation arises, this Agreement shall be construed as if drafted jointly by the Parties parties and no presumption or burden of proof shall arise favoring or disfavoring any Party party by virtue of the authorship of any of the provisions of this Agreement. Any reference to any federal, state, local, or foreign statute or law shall be deemed also to refer to all rules and regulations promulgated thereunder, unless the context requires otherwise. The word "“including" ” shall mean “including without limitation.”
Appears in 2 contracts
Sources: Secured Party Asset Purchase Agreement (RiceBran Technologies), Asset Purchase Agreement (Aerpio Pharmaceuticals, Inc.)
Construction. The Parties have participated jointly in the ------------ negotiation and drafting of this Agreement. In the event an ambiguity or question of intent or interpretation arises, this Agreement shall be construed as if drafted jointly by the Parties and no presumption or burden of proof shall arise favoring or disfavoring any Party by virtue of the authorship of any of the provisions of this Agreement. Any reference to any federal, state, local, or foreign statute or law shall be deemed also to refer to all rules and regulations promulgated thereunder, unless the context requires otherwiseotherwise requires. The word "including" shall mean including without limitation.
Appears in 2 contracts
Sources: Merger Agreement (Fonix Corp), Merger Agreement (SFBC International Inc)
Construction. The Parties parties to this Agreement have participated jointly ------------ in the negotiation and drafting of this Agreement. In the event an ambiguity or question of intent or interpretation arises, this Agreement shall be construed as if drafted jointly by the Parties parties hereto and no presumption or burden of proof shall arise favoring or disfavoring any Party party by virtue of the authorship of any of the provisions of this Agreement. Any reference to any federal, state, local, state or foreign local statute or law shall be deemed to also to refer to all the rules and regulations promulgated thereunder, unless the context requires otherwise. The word "including" shall mean including without limitation.
Appears in 2 contracts
Sources: Agreement Regarding Flights Iv and V (M2direct Inc), Agreement Regarding Data Related Matters (M2direct Inc)
Construction. The Parties parties have participated jointly in the negotiation and drafting of this Agreement. In the event an ambiguity or question of intent or interpretation arises, this Agreement shall be construed as if drafted jointly by the Parties parties and no presumption or burden of proof shall arise favoring or disfavoring any Party party by virtue of the authorship of any of the provisions of this Agreement. Any reference to any federal, state, local, local or foreign statute or law shall be deemed also to refer to all rules and regulations promulgated thereunder, unless the context requires otherwiseotherwise requires. The word "“including" ” shall mean including including, without limitation.
Appears in 2 contracts
Sources: Share Purchase Agreement, Share Purchase Agreement (Installed Building Products, Inc.)
Construction. The Parties have participated jointly in the negotiation and drafting of this Agreement. In the event an ambiguity or question of intent or interpretation arises, this Agreement shall be construed as if drafted jointly by the Parties and no presumption or burden of proof shall arise favoring or disfavoring any Party by virtue of the authorship of any of the provisions of this Agreement. Any reference to any federal, state, provincial, local, or foreign statute or law shall be deemed also to refer to all rules and regulations promulgated thereunder, unless the context requires otherwise. The word "including" shall mean including without limitation.
Appears in 2 contracts
Sources: Intellectual Property Purchase and Services Agreement (Predictive Technology Group, Inc.), Purchase Agreement (Tootsie Roll Industries Inc)
Construction. The Parties have participated jointly in the negotiation and drafting of this Agreement. In the event an ambiguity or question of intent or interpretation arises, this Agreement shall be construed as if drafted jointly collectively by the Parties and no presumption or burden of proof shall arise favoring or disfavoring any Party by virtue of the authorship of any of the provisions of this Agreement. Any reference to any federal, state, local, or foreign statute or law Law shall be deemed also to refer to all rules and regulations promulgated thereunder, unless the context requires otherwise. The word "“including" ” shall mean “including without limitation” and the word “or” shall mean “and/or.”
Appears in 2 contracts
Sources: Membership Interest Purchase Agreement (Pasithea Therapeutics Corp.), Membership Interest Purchase Agreement (Pasithea Therapeutics Corp.)
Construction. The Parties have participated jointly in the negotiation and drafting of this Agreement. In the event an ambiguity or question of intent or interpretation arises, this Agreement shall be construed as if drafted jointly by the Parties and no presumption or burden of proof shall arise favoring or disfavoring any Party by virtue of the authorship of any of the provisions of this Agreement. Any reference to any federal, state, local, or foreign statute or law Law shall be deemed also to refer to all rules and regulations promulgated thereunder, unless the context requires otherwise. The word "including" shall mean including without limitation.
Appears in 2 contracts
Sources: LLC Membership Interest Purchase Agreement (Teppco Partners Lp), Stock Purchase Agreement (Poster Financial Group Inc)
Construction. The Parties parties have participated jointly in the negotiation and drafting of this Agreement. In the event an ambiguity or question of intent or interpretation arises, this Agreement shall be construed as if drafted jointly by the Parties parties and no presumption or burden of proof shall arise favoring or disfavoring any Party party by virtue of the authorship of any of the provisions of this Agreement. Any reference to any federal, state, local, state or foreign local statute or law shall be deemed also to refer to all rules and regulations promulgated thereunder, unless the context requires otherwise. The word "including" shall mean including without limitation.
Appears in 2 contracts
Sources: Employment Agreement (Hooper Holmes Inc), Employment Agreement (Hooper Holmes Inc)
Construction. The Parties parties hereto have participated jointly in the negotiation and drafting of this Agreement. In the event an ambiguity or question of intent or of interpretation arises, this Agreement shall be construed as if drafted jointly by the Parties parties hereto and no presumption or burden of proof shall arise favoring or disfavoring any Party party by virtue of the authorship of any of the provisions of this Agreement. Any reference to any federal, state, local, local or foreign statute or law shall be deemed also to refer to all rules and regulations promulgated thereunder, unless the context requires otherwise. The word "“including" ” shall mean including without limitation.
Appears in 2 contracts
Sources: Employment Agreement (Smile Brands Group Inc.), Employment Agreement (Smile Brands Group Inc.)
Construction. The Parties have participated jointly in the negotiation and drafting of this Agreement. In the event an ambiguity or question of intent or interpretation arises, this Agreement shall be construed as if drafted jointly by the Parties and no presumption or burden of proof shall arise favoring or disfavoring any Party by virtue of the authorship of any of the provisions of this Agreement. Any reference to any federal, state, local, or foreign statute or law shall be deemed also to refer to all rules and regulations promulgated thereunder, unless the context requires otherwiseotherwise requires. The word "includingINCLUDING" shall mean including without limitation.
Appears in 2 contracts
Sources: Merger Agreement (Tab Products Co), Merger Agreement (Todd Ao Corp)
Construction. The Parties parties have participated jointly in the ------------ negotiation and drafting of this Agreement. In the event an any ambiguity or question of intent or interpretation arises, this Agreement shall be construed as if drafted jointly by the Parties parties, and no presumption or burden of proof shall arise favoring or disfavoring any Party either party by virtue of the authorship of any of the provisions of this Agreement. Any reference in this Agreement to any federal, state, local, or foreign statute or law shall be deemed also to refer to all rules and regulations promulgated thereunder, unless the context requires otherwise. The word "including" shall mean "including without limitation".
Appears in 2 contracts
Sources: Note Purchase Agreement (Silverado Foods Inc), Royalty Termination Agreement (Silverado Foods Inc)
Construction. The Parties have participated jointly in the negotiation and drafting of this Agreement. In the event an ambiguity or question of intent or interpretation arises, this Agreement shall be construed as if drafted jointly by the Parties and no presumption or burden of proof shall arise favoring or disfavoring any Party by virtue of the authorship of any of the provisions of this Agreement. Any reference to any federal, state, local, or foreign statute or law shall be deemed also to refer to all rules and regulations promulgated thereunder, unless the context requires otherwise. The word "including" shall mean "including without limitation".
Appears in 2 contracts
Sources: Stock and Asset Purchase Agreement (Alpharma Inc), Stock Purchase Agreement (Uil Holdings Corp)
Construction. The Parties have participated jointly in the negotiation and drafting of this Agreement. In the event an ambiguity or question of intent or interpretation arises, this Agreement shall be construed as if drafted jointly by the Parties and no presumption or burden of proof shall arise favoring or disfavoring any Party by virtue of the authorship of any of the provisions of this Agreement. Any reference to any federal, state, provincial, local, municipal or foreign statute or law shall be deemed also to refer to all rules and regulations promulgated thereunder, unless the context requires otherwise. The word "including" shall mean including without limitation.
Appears in 2 contracts
Sources: Asset Purchase Agreement (Petroleum Place Inc), Asset Purchase Agreement (Petroleum Place Inc)
Construction. The Parties have participated jointly in the negotiation and drafting of this Agreement. In the event an ambiguity or question of intent or interpretation arises, this Agreement shall be construed as if drafted jointly by the Parties and no presumption or burden of proof shall arise favoring or disfavoring any Party by virtue of the authorship of any of the provisions of this Agreement. Any reference to any federal, state, local, or foreign statute or law shall be deemed also to refer to all rules and regulations promulgated thereunder, unless the context requires otherwise. The word "“including" ” shall mean including without limitation.
Appears in 2 contracts
Sources: Transition License Agreement (Instinet Group Inc), Transition License Agreement (Instinet Group Inc)
Construction. The Parties have participated jointly in the negotiation and drafting of this Agreement. In the event an ambiguity or question of intent or interpretation arises, this Agreement shall be construed as if drafted jointly by the Parties and no presumption or burden of proof shall arise favoring or disfavoring any Party by virtue of the authorship of any of the provisions of this Agreement. Any reference to any federal, state, local, or foreign local statute or law shall be deemed also to refer to all rules and regulations promulgated thereunder, unless the context requires otherwise. The word "“including" ” shall mean including without limitation.
Appears in 2 contracts
Sources: Asset Purchase Agreement (NeoVolta Inc.), Membership Interest Purchase Agreement (Powerverde, Inc.)
Construction. The Parties have participated jointly in the negotiation and drafting of this Agreement. In the event an ambiguity or question of intent or interpretation arises, this Agreement shall be construed as if drafted jointly by the Parties Parties, and no presumption or burden of proof shall arise favoring or disfavoring any Party by virtue of the authorship of any of the provisions of this Agreement. Any reference to any federal, state, local, or foreign statute or law shall be deemed also to refer to all rules and regulations promulgated thereunder, unless the context requires otherwise. The word "“including" ” shall mean including “including, without limitation”.
Appears in 2 contracts
Sources: Merger Agreement (Extendicare Inc /Can/), Merger Agreement (Extendicare Health Services Inc)
Construction. The Parties have participated jointly in the negotiation and drafting of this Agreement. In the event an ambiguity or question of intent or interpretation arises, this Agreement shall be construed as if drafted jointly by the Parties and no presumption or burden of proof shall arise favoring or disfavoring any Party by virtue of the authorship of any of the provisions of this Agreement. Any reference to any federal, state, local, or foreign statute or law shall be deemed also to refer to all rules and regulations promulgated thereunder, unless the context requires otherwise. The word "“including" ” shall mean including including, without limitation.
Appears in 2 contracts
Sources: Loan, Convertible Preferred Stock and Convertible Senior Secured Note Purchase Agreement (Vespoint LLC), Loan, Convertible Preferred Stock and Convertible Senior Secured Note Purchase Agreement (Midwest Holding Inc.)
Construction. The Parties have participated jointly in the negotiation and drafting of this Agreement. In the event an ambiguity or question of intent or interpretation arises, this Agreement shall be construed as if drafted jointly by the Parties and no presumption or burden of proof shall arise favoring or disfavoring any either Party by virtue of the authorship of any of the provisions of this Agreement. Any reference to any federal, state, local, or foreign statute or law Law shall be deemed also to refer to all rules and regulations promulgated thereunder, unless the context requires otherwise. The word "“including" ” shall mean including without limitation.
Appears in 2 contracts
Sources: Stock Purchase Agreement (YTB International, Inc.), Stock Purchase Agreement (YTB International, Inc.)
Construction. The Parties have participated jointly in the negotiation and drafting of this Agreement. In the event an ambiguity or question of intent or interpretation arises, this Agreement shall be construed as if drafted jointly by the Parties and no presumption or burden of proof shall arise favoring or disfavoring any Party by virtue of the authorship of any of the provisions of this Agreement. Any reference to any federal, state, provincial local, or foreign statute or law shall be deemed also to refer to all rules and regulations promulgated thereunder, unless the context requires otherwise. The word "“including" ” shall mean including without limitation.
Appears in 2 contracts
Sources: Share Purchase Agreement (BPO Management Services), Share Purchase Agreement (BPO Management Services)
Construction. The Parties have participated jointly in the negotiation and drafting of this Agreement. In the event an ambiguity or question of intent or interpretation arises, this Agreement shall be construed as if drafted jointly by the Parties and no presumption or burden of proof shall arise favoring or disfavoring any Party by virtue of the authorship of any of the provisions of this Agreement. Any reference to any federal, state, local, or foreign statute or law shall be deemed also to refer to all rules and regulations promulgated thereunder, unless the context requires otherwise. The word "“including" ” shall mean including including, without limitation.
Appears in 2 contracts
Sources: Transition Services Agreement (Advancis Pharmaceutical Corp), Transition Services Agreement (Viropharma Inc)
Construction. The Parties have participated jointly in the negotiation and drafting of this Agreement. In the event an ambiguity or question of intent or interpretation arises, this Agreement shall be construed as if drafted jointly by the Parties and no presumption or burden of proof shall arise favoring or disfavoring any Party by virtue of the authorship of any of the provisions of this Agreement. Any reference to any federal, state, local, or foreign statute or law shall be deemed also to refer to all rules and regulations promulgated thereunder, unless the context requires otherwise. The word "“including" ” shall mean including without limitation. The Parties intend that each representation, warranty, and covenant contained herein shall have independent significance.
Appears in 2 contracts
Sources: Purchase Agreement (Elkcorp), Stock Purchase Agreement (Metalico Inc)
Construction. The Parties have participated jointly in the negotiation and drafting of this Agreement. In the event an ambiguity or question of intent or interpretation arises, this Agreement shall be construed as if drafted jointly by the Parties and no presumption or burden of proof shall arise favoring or disfavoring any either Party by virtue of the authorship of any of the provisions of this Agreement. Any reference to any federal, state, local, or foreign statute or law shall be deemed also to refer to all rules and regulations promulgated thereunder, unless the context requires otherwise. The word "including" shall mean including without limitation.
Appears in 2 contracts
Sources: Asset Purchase Agreement (Accuray Inc), Asset Purchase Agreement (American Science & Engineering Inc)
Construction. The Parties have participated jointly in the negotiation and drafting of this Agreement. In the event an ambiguity or question of intent or interpretation arises, this Agreement shall be construed as if drafted jointly by the Parties and no presumption or burden of proof shall arise favoring or disfavoring any Party by virtue of the authorship of any of the provisions of this Agreement. Any reference to any federal, state, local, or foreign statute or law Law shall be deemed also to refer to all rules and regulations promulgated thereunder, unless the context requires otherwise. The word "“including" ” shall mean “including without limitation”.
Appears in 2 contracts
Sources: Membership Interest Purchase Agreement (MSA Safety Inc), Stock Purchase Agreement (Westell Technologies Inc)
Construction. The Parties have participated jointly in the negotiation and drafting of this Agreement. In the event an ambiguity or question of intent or interpretation arises, this Agreement shall be construed as if drafted jointly by the Parties and no presumption or burden of proof shall arise favoring or disfavoring any Party by virtue of the authorship of any of the provisions of this Agreement. Any reference to any federal, state, local, or foreign statute or law shall be deemed also to refer to all rules and regulations promulgated thereunder, unless the context requires otherwise. The word "“including" ” shall mean including without limitation. Section references, unless otherwise notes, shall refer to sections of this Agreement.
Appears in 2 contracts
Sources: Note Issuance and Purchase Agreement (Alternus Energy Inc.), Stock Purchase Agreement (Ducommun Inc /De/)
Construction. The Parties parties hereto have participated jointly in the negotiation and drafting of this Agreement. In the event an ambiguity or question of intent or interpretation arises, this Agreement shall be construed as if drafted jointly by the Parties parties hereto, and no presumption or burden of proof shall arise favoring or disfavoring any Party party by virtue of the authorship of any of the provisions of this Agreement. Any reference to any federal, state, local, or foreign statute or law shall be deemed also to refer to all rules and regulations promulgated thereunder, unless the context requires otherwise. The word "“including" ” shall mean including without limitation. The parties hereto intend that each representation, warranty, and covenant contained herein shall have independent significance.
Appears in 2 contracts
Sources: Investors’ Rights Agreement (Rent the Runway, Inc.), Investor Rights Agreement (Bluestem Brands, Inc.)
Construction. The Parties have participated jointly in the negotiation and drafting of this Agreement. In the event an ambiguity or question of intent or interpretation arises, this Agreement shall be construed as if drafted jointly by the Parties and no presumption or burden of proof shall arise favoring or disfavoring any Party by virtue of the authorship of any of the provisions of this Agreement. Any reference to any federal, state, local, state or foreign local statute or law shall be deemed also to refer to all rules and regulations promulgated thereunder, unless the context requires otherwise. The word "including" shall mean including without limitation.
Appears in 2 contracts
Sources: Asset Purchase Agreement (Green Tree Lease Finance 1998-1 LLC), Asset Purchase Agreement (Conseco Inc)
Construction. The Parties have participated jointly in the negotiation and drafting of this Agreement. In the event an ambiguity or question of intent or interpretation arises, this Agreement shall be construed as if drafted jointly by the Parties and no presumption or burden of proof shall arise favoring or disfavoring any Party by virtue of the authorship of any of the provisions of this Agreement. Any reference to any federal, state, local, local or foreign statute or law shall be deemed also to refer to all rules and regulations promulgated thereunder, unless the context requires otherwise. The word "“including" ” shall mean including without limitation, and references to Schedules and Exhibits shall mean Schedules and Exhibits to this Agreement.
Appears in 2 contracts
Sources: Acquisition Agreement, Acquisition Agreement (Dole Food Co Inc)
Construction. The Parties parties have participated jointly in ------------ the negotiation and drafting of this Agreement. In the event an ambiguity or question of intent or interpretation arises, this Agreement shall be construed as if drafted jointly by the Parties parties and no presumption or burden of proof shall arise favoring or disfavoring any Party party by virtue of the authorship of any of the provisions of this Agreement. Any reference to any federal, state, local, local or foreign statute or law shall be deemed also to refer to all rules and regulations promulgated thereunder, unless the context requires otherwise. The word "includingIncluding" shall mean including means included, without limitation.
Appears in 2 contracts
Sources: Stock Purchase Agreement (Eastern Environmental Services Inc), Sale and Purchase Agreement (Eastern Environmental Services Inc)
Construction. The Parties parties have participated jointly in the negotiation and drafting of this Agreement. In the event an ambiguity or question of intent or interpretation arises, this Agreement shall be construed as if drafted jointly by the Parties parties and no presumption or burden of proof shall arise favoring or disfavoring any Party party by virtue of the authorship of any of the provisions of this Agreement. Any reference to any federal, state, local, local or foreign statute or law shall be deemed also to refer to all rules and regulations promulgated thereunder, unless the context requires otherwise. The word "“including" ” shall mean including without limitation. Any reference to the singular in this Agreement shall also include the plural and vice versa. The word “knowledge” or words “known to Seller” shall mean the actual knowledge of ▇▇▇▇▇▇ ▇▇▇▇▇▇▇.
Appears in 2 contracts
Sources: Asset Purchase Agreement (Muscato Group, Inc.), Asset Purchase Agreement (Muscato Group, Inc.)
Construction. The Parties have participated jointly in the negotiation and drafting of this Agreement. In the event an ambiguity or question of intent or interpretation arises, this Agreement shall be construed as if drafted jointly by the Parties and no presumption or burden of proof shall arise favoring or disfavoring any Party by virtue of the authorship of any of the provisions of this Agreement. Any reference to any federal, state, local, or foreign statute or law shall be deemed also to refer to all rules and regulations promulgated thereunder, thereunder unless the context requires otherwise. The word "including" shall mean including without limitation.
Appears in 2 contracts
Sources: Purchase Agreement (Seneca Foods Corp /Ny/), Purchase Agreement (Chiquita Brands International Inc)
Construction. The Parties parties have participated jointly in the negotiation and drafting of this Agreement. In the event an ambiguity or question of intent or interpretation arises, this Agreement shall be construed as if drafted jointly by the Parties parties and no presumption or burden of proof shall arise favoring or disfavoring any Party party by virtue of the authorship of any of the provisions of this Agreement. Any reference to any federal, state, local, local or foreign statute or law shall be deemed also to refer to all rules and regulations promulgated thereunder, unless the context requires otherwise. The word "“including" ” shall mean including without limitation.
Appears in 2 contracts
Sources: Donation Agreement, Donation Agreement
Construction. The Parties have participated jointly in the negotiation and drafting of this Agreement. In the event an ambiguity or question of intent or interpretation arises, this Agreement shall will be construed as if drafted jointly by the Parties and no presumption or burden of proof shall will arise favoring or disfavoring any Party by virtue of the authorship of any of the provisions of this Agreement. Any reference to any federal, state, local, or foreign statute or law shall Law will be deemed also to refer to all rules and regulations promulgated thereunder, unless the context requires otherwise. The word "“including" shall ” will mean including without limitation.
Appears in 2 contracts
Sources: Merger Agreement (Globus Medical Inc), Merger Agreement
Construction. The Parties have participated jointly in the negotiation and drafting of this Agreement. In the event an ambiguity or question of intent or interpretation arises, this Agreement shall be construed as if drafted jointly by the Parties and no presumption or burden of proof shall arise favoring or disfavoring any Party by virtue of the authorship of any of the provisions of this Agreement. Any reference to any federal, state, local, or foreign non-U.S. statute or law shall be deemed also to refer to all rules and regulations promulgated thereunder, unless the context requires otherwise. The word "including" including shall mean including without limitation.
Appears in 2 contracts
Sources: Asset Purchase Agreement (LOCAL Corp), Purchase Agreement (Emeritus Corp\wa\)
Construction. The Parties have participated jointly in the negotiation and drafting of this Agreement. In the event an ambiguity or question of intent or interpretation arises, this Agreement shall be construed as if drafted jointly by the Parties and no presumption or burden of proof shall arise favoring or disfavoring any Party by virtue of the authorship of any of the provisions of this Agreement. Any reference to any federal, state, local, or foreign statute or law shall be deemed also to refer to all rules and regulations promulgated thereunder, unless the context requires otherwise. The word "including" shall mean including without limitation.. THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK
Appears in 2 contracts
Sources: Net Smelter Return Royalty Agreement (Aurelio Resource Corp), Net Smelter Return Royalty Agreement (Aurelio Resource Corp)
Construction. The Parties have participated jointly in the negotiation and drafting of this Agreement. In the event an ambiguity or question of intent or interpretation arises, this Agreement shall be construed as if drafted jointly by the Parties and no presumption or burden of proof shall arise favoring or disfavoring any Party by virtue of the authorship of any of the provisions of this Agreement. Any reference to any federal, state, local, or foreign statute or law shall be deemed also to refer to all rules and regulations promulgated thereunderthere under, unless the context requires otherwiseotherwise requires. The word "including" shall mean including without limitation.
Appears in 2 contracts
Sources: Agreement and Plan of Reorganization (Simplagene Usa Inc), Agreement and Plan of Reorganization (Dental Patient Care America Inc)
Construction. The Parties have participated jointly in the negotiation and drafting of this Agreement. In the event an ambiguity or question of intent or interpretation arises, this Agreement shall be construed as if drafted jointly by the Parties Parties, and no presumption or burden of proof shall arise favoring or disfavoring any either Party by virtue of the authorship of any of the provisions of this Agreement. Any reference to any federal, state, local, or foreign statute or law shall be deemed also to refer to all rules and regulations promulgated thereunder, unless the context requires otherwise. The word "including" shall mean including without limitation.
Appears in 1 contract
Construction. The Parties have participated jointly in the negotiation and drafting of this Agreement. In the event an ambiguity or question of intent or interpretation arises, this Agreement shall be construed as if drafted jointly by the Parties and no presumption or burden of proof shall arise favoring or disfavoring any Party by virtue of the authorship of any of the provisions of this Agreement. Any reference to any federal, state, local, or foreign statute or law shall be deemed also to refer to all rules and regulations promulgated thereunder, unless the context requires otherwise. The word "“including" ” shall mean including without limitation.. BROKERAGE AGREEMENT 6 , 2006
Appears in 1 contract
Construction. The Parties parties have participated jointly in the negotiation and drafting of this Agreement. In the event an ambiguity or question of intent or interpretation arises, this Agreement shall be construed as if drafted jointly by the Parties parties, and no presumption or burden of proof shall arise favoring or disfavoring any Party either party by virtue of the authorship of any of the provisions of this Agreement. Any reference to any federal, state, local, or foreign statute or law shall be deemed also to refer to all rules and regulations promulgated thereunder, unless the context requires otherwise. The word "including" shall mean including without limitation.
Appears in 1 contract
Sources: Stock Purchase Agreement (Dqe Inc)
Construction. The Parties have participated jointly in the negotiation and drafting of this Agreement. In the event an ambiguity or question of intent or interpretation arises, this Agreement shall be construed as if drafted jointly by the Parties and no presumption or burden of of, proof shall arise favoring or disfavoring any Party by virtue of the authorship of any of the provisions of this Agreement. Any reference to any federal, state, local, or foreign statute or law shall be deemed also to refer to all rules and regulations promulgated thereunder, unless the context requires otherwise. The word "including" shall mean including without limitation.
Appears in 1 contract