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.
Appears in 165 contracts
Samples: Share Exchange Agreement (Equus Total Return, Inc.), Asset Purchase Agreement (FreightCar America, Inc.), Asset Purchase Agreement (Pioneer Power Solutions, 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.
Appears in 78 contracts
Samples: Exchange Rights Agreement (Directv), Banking Information Technology Services Agreement (Riggs National Corp), Exclusivity and Right of First Offer Agreement (Alpine Income Property Trust, 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 arisesarises with respect to this Agreement, this Agreement shall be construed as if drafted jointly by the Parties parties and in accordance with its fair meaning. There shall be 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.
Appears in 61 contracts
Samples: Services Agreement, Agreement, Professional Services Agreement
Construction. The Parties have Each of the parties has participated jointly in the drafting and negotiation and drafting of this Agreement. In the event If an ambiguity or question of intent or interpretation arises, this Agreement shall must be construed as if it is drafted jointly by all 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.
Appears in 59 contracts
Samples: Investor Rights Agreement (Weichai America Corp.), Subscription Agreement (Legend Biotech Corp), Shareholders Agreement (Alibaba Group Holding LTD)
Construction. The Parties parties have participated jointly in the negotiation and drafting of this Agreement. In , and, 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 parties, and no presumption or burden of proof shall will arise favoring or disfavoring any Party party by virtue of the authorship of any of the provisions of this Agreement.
Appears in 39 contracts
Samples: Securities Purchase Agreement (Smart for Life, Inc.), Agreement and Plan of Merger (Spartan Stores Inc), Stock Purchase Agreement (1847 Holdings LLC)
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.
Appears in 31 contracts
Samples: Stock Purchase Agreement (Conatus Pharmaceuticals Inc), Purchase and Sale Agreement (CION Investment Corp), Contribution Agreement (REV Renewables, 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.
Appears in 28 contracts
Samples: Agreement (Optimized Transportation Management, Inc.), Employment Agreement (BGS Acquisition Subsidiary, Inc.), Stock Purchase Agreement (Craftmade 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 either Party by virtue of the authorship of any of the provisions of this Agreement.
Appears in 27 contracts
Samples: Throughput and Deficiency Agreement (Phillips 66 Partners Lp), Transportation Services Agreement (Phillips 66 Partners Lp), Master Services Agreement
Construction. The Parties parties have participated jointly in the negotiation negotiations and drafting of this Agreement. In Agreement and in the event an of any ambiguity or question of intent or interpretation arisesinterpretation, 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.
Appears in 26 contracts
Samples: Asset Purchase Agreement (Avigen Inc \De), Purchase and Sale Agreement (Kindred Healthcare, Inc), Agreement and Plan of Merger (Investment Technology Group Inc)
Construction. The Parties parties have participated jointly in the negotiation and drafting of this Agreement. In the event that 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.
Appears in 25 contracts
Samples: Registration Rights Agreement (Renova Media Enterprises Ltd.), Registration Rights Agreement (Andersen Group Inc), Registration Rights Agreement (Grace Oliver R Jr)
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.
Appears in 25 contracts
Samples: Contribution Agreement (Covisint Corp), Contribution Agreement (Covisint Corp), Master Separation Agreement (Covisint Corp)
Construction. The Each of the Parties have has participated jointly in the drafting and negotiation and drafting of this Agreement. In the event If an ambiguity or question of intent or interpretation arises, this Agreement shall must be construed as if it is drafted jointly by all 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.
Appears in 24 contracts
Samples: Agreement and Plan of Merger (Great Plains Energy Inc), Purchase and Sale Agreement (Vistra Energy Corp), Agreement and Plan of Merger (Teco Energy Inc)
Construction. The Parties have participated jointly in the negotiation and drafting of this Agreement. In the event of an ambiguity or question of intent or interpretation arises, this Agreement shall will be construed as if drafted jointly by the Parties parties and no presumption or burden of proof shall will arise favoring or disfavoring any Party party by virtue of the authorship of any of the provisions of this Agreement.
Appears in 24 contracts
Samples: Agreement and Plan of Merger (Mobilepro Corp), Agreement and Plan of Merger (Mobilepro Corp), Agreement and Plan of Merger (Mobilepro Corp)
Construction. The Parties parties hereto have participated jointly in the negotiation and drafting of this Agreement. In the event an that any 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.
Appears in 19 contracts
Samples: Asset Purchase Agreement (American Healthchoice Inc /Ny/), Asset Purchase Agreement (Avado Brands Inc), Asset Purchase Agreement (Apple South 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 will be construed as if drafted jointly by the Parties parties and no presumption or burden of proof shall will arise favoring or disfavoring any Party party by virtue of the authorship of any of the provisions of this Agreement.
Appears in 17 contracts
Samples: Asset Purchase Agreement (WebXU, Inc.), Stock Purchase Agreement (Rentech Inc /Co/), Asset Purchase Agreement (WebXU, 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 a Party by virtue of the authorship of any of the provisions of this Agreement.
Appears in 17 contracts
Samples: Operational Services Agreement (Phillips 66 Partners Lp), Operational Services Agreement, Operational Services Agreement (Phillips 66 Partners Lp)
Construction. The Parties parties have participated jointly in the drafting of this Agreement, and each party was represented by counsel 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.
Appears in 15 contracts
Samples: Asset Purchase and Sale Agreement (American Realty Capital Trust, Inc.), Transition Services Agreement (Wells Core Office Income Reit Inc), Transition Services Agreement (Signature Office Reit 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.
Appears in 15 contracts
Samples: Stock Purchase Agreement (Telvent Git S A), Registration Rights Agreement (Mail Com Inc), Registration Rights Agreement (Easylink Services Corp)
Construction. The Parties have participated jointly in the negotiation and drafting of this Agreement. In the event that 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.
Appears in 14 contracts
Samples: Stock Exchange Agreement (Grace Oliver R Jr), Stock Exchange Agreement (Andersen Group Inc), Stock Exchange Agreement (Andersen Group Inc)
Construction. (a) The Parties parties have participated jointly in the negotiation and drafting of this Agreement. In , and, in the event of an ambiguity or a question of intent or a need for 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.
Appears in 14 contracts
Samples: Stock Purchase Agreement (Automotive Finance Corp), Asset Purchase Agreement (Haynes International Inc), Asset Purchase Agreement (Caseys General Stores 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.
Appears in 14 contracts
Samples: Stock Pledge Agreement (Transax International LTD), Agreement and Plan of Merger (ZAIS Financial Corp.), Asset Purchase Agreement (Silver Falcon Mining, Inc.)
Construction. The Parties parties hereto have participated jointly in the negotiation and drafting of this Agreement. In Agreement and, in the event an ambiguity or question of intent or interpretation arises, this Agreement shall be construed as if jointly 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 provision of this Agreement.
Appears in 13 contracts
Samples: Membership Interest Purchase Agreement (Telos Corp), Stock Purchase Agreement (Viasystems Inc), Employment Agreement (Neiman Marcus Group LTD 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.
Appears in 11 contracts
Samples: Governance Agreement (Gmac LLC), Stockholders Agreement (Ally Financial Inc.), Voting Agreement (Ally Financial 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 by virtue of the authorship of any of the provisions of this Agreement.
Appears in 11 contracts
Samples: Employment Agreement (Health Sciences Acquisitions Corp 2), Employment Agreement (Orchestra BioMed Holdings, Inc.), Employment Agreement (Health Sciences Acquisitions Corp 2)
Construction. The Each of the Parties have has participated jointly in the drafting and negotiation and drafting of this Agreement. In the event If an ambiguity or question of intent or interpretation arises, this Agreement shall must be construed as if it is drafted jointly by all 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.
Appears in 11 contracts
Samples: Supplemental Agreement (Mo Tianquan), Registration Rights Agreement (Mo Tianquan), Registration Rights Agreement (Ho Chi Sing)
Construction. (a) The Parties parties have participated jointly in the negotiation and drafting of this Agreement. In Agreement and the Related Agreements, and, in the event of an ambiguity or a question of intent or a need for interpretation arises, this Agreement and the Related Agreements 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 AgreementAgreement or any of the Related Agreements.
Appears in 10 contracts
Samples: Contribution Agreement (Greenlane Holdings, Inc.), Contribution Agreement (Greenlane Holdings, Inc.), Asset Purchase Agreement (Irwin Financial 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 otherwise.
Appears in 10 contracts
Samples: Contribution Agreement (Monopar Therapeutics), Contribution Agreement (Monopar Therapeutics), Contribution Agreement (Monopar Therapeutics)
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 of burden of proof shall arise favoring or disfavoring any Party party by virtue of the authorship of any of the provisions of this Agreement.
Appears in 10 contracts
Samples: Agreement and Plan of Merger (Enernoc Inc), Stock Purchase Agreement (Enernoc Inc), Employment Agreement (Enthrust Financial Services Inc)
Construction. The Parties agree and acknowledge that they have jointly participated jointly in the negotiation and drafting of this Agreement. In the event of an ambiguity or question of intent or interpretation arises, this Agreement shall be construed as if drafted jointly by the Parties and no presumption presumptions or burden burdens 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.
Appears in 10 contracts
Samples: Membership Interest Purchase Agreement (RumbleON, Inc.), Asset Purchase Agreement (Kakarala Kartik), Agreement and Plan of Merger (FriendFinder Networks 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 the 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.
Appears in 10 contracts
Samples: License Agreement (Myriad Genetics Inc), Intellectual Property License Agreement (Vivakor, Inc.), Intellectual Property License Agreement (Vivakor, Inc.)
Construction. The Parties have participated jointly in the negotiation negotiations and drafting of this Agreement. In Agreement and in the event an of any ambiguity or question of intent or interpretation arisesinterpretation, 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.
Appears in 9 contracts
Samples: Share Purchase Agreement (Tekelec), Asset Purchase Agreement (On Track Innovations LTD), Termination and Release Agreement (Apex Bioventures Acquisition Corp)
Construction. The Parties have participated jointly in This Agreement has been freely and fairly negotiated among the negotiation and drafting of this AgreementParties. In the event If 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 because of the authorship of any of the provisions provision of this Agreement.
Appears in 9 contracts
Samples: Contribution Agreement (Mammoth Energy Partners LP), Contribution Agreement (Mammoth Energy Services, Inc.), Contribution Agreement (Gulfport Energy Corp)
Construction. The Parties agree and acknowledge that they have jointly participated jointly in the negotiation and drafting of this Agreement. In the event of an ambiguity or question of intent or interpretation arises, this Agreement shall be construed as if drafted jointly by the Parties and no presumption presumptions or burden burdens of proof shall arise favoring or disfavoring any Party by virtue of the authorship of any of the provisions of this Agreement.
Appears in 9 contracts
Samples: Purchase Agreement (Lowell Farms Inc.), Purchase Agreement, Asset Purchase Agreement
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 will be construed as if drafted jointly by the Parties parties and no presumption or burden of proof shall will arise favoring or disfavoring any Party by virtue party because of the authorship of any of the provisions provision of this Agreement.
Appears in 9 contracts
Samples: Agreement and Plan of Merger (Vertical Health Solutions Inc), Stock Purchase Agreement (Red Carpet Entertainment Inc), Agreement and Plan of Merger (Robcor Properties 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 provision of this Agreement.
Appears in 9 contracts
Samples: Agreement and Plan of Merger (Laureate Education, Inc.), Amendment and Consent Agreement (Telecommunication Systems Inc /Fa/), Agreement and Plan of Merger (Precise Software Solutions LTD)
Construction. The Parties have participated jointly in This Agreement has been freely and fairly negotiated among the negotiation and drafting of this Agreementparties. In the event If an ambiguity or question of intent or interpretation arises, this Agreement shall will be construed as if drafted jointly by the Parties parties and no presumption or burden of proof shall will arise favoring or disfavoring any Party by virtue party because of the authorship of any of the provisions provision of this Agreement.
Appears in 8 contracts
Samples: Warrant Agreement (Townsquare Media, LLC), Warrant Agreement (Townsquare Media, Inc.), Voting Agreement (American Medical Alert Corp)
Construction. The Parties have Each Party has participated jointly in the drafting and negotiation and drafting of this Agreement. In the event If an ambiguity or question of intent or interpretation arises, this Agreement shall must be construed as if it is drafted jointly by all 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.
Appears in 8 contracts
Samples: Agreement and Plan of Merger (Advisory Board Co), Agreement and Plan of Merger (Esterline Technologies Corp), Agreement and Plan of Merger (RPX Corp)
Construction. The Parties parties have participated jointly jointly, with counsel of their own choosing, in the negotiation and drafting of this Agreement. In the event If an ambiguity or question of intent or interpretation arises, this Agreement shall will be construed as if drafted jointly by the Parties parties and no presumption or burden of proof shall will arise favoring or disfavoring any Party by virtue party because of the authorship of any of the provisions provision of this Agreement.
Appears in 8 contracts
Samples: Executive Employment Agreement (Histogen Inc.), Executive Employment Agreement (Histogen Inc.), Executive Employment Agreement (Histogen Inc.)
Construction. The Parties have participated jointly in the negotiation and drafting of this Agreement. In the event of 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 provision of this Agreement.
Appears in 8 contracts
Samples: Share Purchase Agreement (You on Demand Holdings, Inc.), Share Purchase Agreement (Spectrum Global Solutions, Inc.), Equity Interest Purchase Agreement (SMTP, 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.
Appears in 8 contracts
Samples: Purchase and Sale Agreement (Consolidated Edison Inc), Agreement and Plan of Merger (Hillman Companies Inc), Purchase and Sale Agreement (Crestwood Equity Partners LP)
Construction. The Parties have participated jointly in the negotiation and drafting of this Agreement. In the event an ambiguity or If a 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 a party because of the authorship of any of the provisions provision of this Agreement.
Appears in 7 contracts
Samples: License Agreement (Ribapharm Inc), Development and License Agreement (Metabasis Therapeutics Inc), License Agreement (Ribapharm Inc)
Construction. The Parties have participated jointly in the negotiation and drafting preparation 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.
Appears in 7 contracts
Samples: Collaboration Agreement (Pdi Inc), Collaboration Agreement (Pdi Inc), Stock Purchase Agreement (Pdi Inc)
Construction. The Parties parties have participated jointly in the negotiation and drafting of this Voting Agreement. In , and, in the event an ambiguity or question of intent or interpretation arises, this Voting Agreement shall will be construed as if drafted jointly by the Parties parties, and no presumption or burden of proof shall will arise favoring or disfavoring any Party party by virtue of the authorship of any of the provisions of this Voting Agreement.
Appears in 7 contracts
Samples: Voting Agreement (Jefferies Group Inc /De/), Voting Agreement (Jefferies Group Inc /De/), Voting Agreement (Jefferies Group Inc /De/)
Construction. The Parties Each of the parties hereto have participated jointly in the negotiation and drafting of this Agreement. In Agreement and, in the event an ambiguity or question of intent or interpretation arises, this Agreement shall be construed as if jointly 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 provision of this Agreement.
Appears in 7 contracts
Samples: Agreement and Plan of Merger, Agreement and Plan of Merger (Dominion Resources Inc /Va/), Agreement and Plan of Merger
Construction. The Parties have participated jointly in the negotiation and drafting of this Agreement. In the event that 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.; and
Appears in 7 contracts
Samples: Stock Subscription Agreement (Andersen Group Inc), Stock Subscription Agreement (Andersen Group Inc), Stock Subscription Agreement (Andersen Group Inc)
Construction. The Parties have Each of the parties has participated jointly in the drafting and negotiation and drafting of this Agreement. In the event If an ambiguity or question of intent or interpretation arises, this Agreement shall must be construed as if it is drafted jointly by all 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.
Appears in 7 contracts
Samples: Agreement and Plan of Merger (Fitlife Brands, Inc.), Agreement and Plan of Merger (Hawaiian Electric Co Inc), Agreement and Plan of Merger (GenOn Energy, Inc.)
Construction. The Parties parties have participated jointly mutually 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 mutually 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.
Appears in 7 contracts
Samples: License and Commercialization Agreement (Alr Technologies Inc), License and Commercialization Agreement (Alr Technologies Inc), License Agreement (Ephone Telecom 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.the
Appears in 7 contracts
Samples: Securities Purchase Agreement (Rackable Systems, Inc.), Securities Purchase Agreement (Rackable Systems, Inc.), Securities Purchase Agreement (Rackable Systems, 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.. The following rules of construction shall apply to this Agreement:
Appears in 7 contracts
Samples: Asset Purchase Agreement (Argo Digital Solutions Inc), Asset Purchase Agreement (Eclips Media Technologies, Inc.), Asset Purchase Agreement (Zvue Corp)
Construction. The Parties have each 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.
Appears in 6 contracts
Samples: Limited Liability Company (Danaher Corp /De/), Stock Purchase Agreement, Limited Liability Company (808 Renewable Energy Corp)
Construction. The Parties to this Agreement have participated jointly in the negotiation and drafting of this AgreementAgreement and have had competent counsel of their own choosing. 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.
Appears in 6 contracts
Samples: Stock Purchase Agreement (Centennial Sepcialty Foods Corp), Agreement and Plan of Reorganization (Fidelity National Financial Inc /De/), Stock Purchase Agreement (Fidelity National Financial Inc /De/)
Construction. The Parties have participated jointly in the negotiation and drafting of this Agreement. In , and, 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 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.
Appears in 6 contracts
Samples: Agreement and Plan of Merger (Teekay Tankers Ltd.), Stock Purchase Agreement (1847 Holdings LLC), Agreement and Plan of Merger (Knightsbridge Shipping 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.
Appears in 6 contracts
Samples: Agreement and Plan of Merger (Cpac Inc), Asset Purchase Agreement (Proelite, Inc.), Membership Interest Purchase Agreement (Compass Group Diversified Holdings LLC)
Construction. The Parties have participated jointly in the negotiation and drafting of this Agreement. In , and, 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 Parties, and no presumption or burden of proof shall will arise favoring or disfavoring any Party party by virtue of the authorship of any of the provisions of this Agreement.
Appears in 6 contracts
Samples: Agreement and Plan of Merger (Carolina Financial Corp), Agreement and Plan of Merger (Carolina Financial Corp), Agreement and Plan of Merger (United Bankshares Inc/Wv)
Construction. The Parties parties have participated jointly in the negotiation negotiating and drafting of this Agreement. In the event that an ambiguity or a 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 provision of this Agreement.
Appears in 6 contracts
Samples: Agreement and Plan of Merger (Willbros Group, Inc.\NEW\), Merger Agreement (Gold Party Payday Inc), Agreement and Plan of Merger (Primoris Services Corp)
Construction. (a) 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 provision of this Agreement. The titles and subtitles used in this Agreement are used for convenience only and are not to be considered in construing or interpreting this Agreement.
Appears in 6 contracts
Samples: Asset Purchase Agreement, Asset Purchase Agreement, Agreement (Artesian Resources Corp)
Construction. The Parties parties have participated jointly in the negotiation and drafting of this AgreementAgreement and have had an adequate opportunity to review each and every provision of the Agreement and submit the same to counsel or other consultants for review and comment. In the event an ambiguity or question of intent or interpretation arisesarises with respect to this Agreement, this Agreement shall be construed as if drafted jointly by the Parties parties and in accordance with its fair meaning. There shall be 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.
Appears in 6 contracts
Samples: Professional Services Agreement, Professional Services Agreement, Professional Services Agreement
Construction. The Parties have participated jointly in the negotiation and drafting of this Agreement. In the event that 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.
Appears in 6 contracts
Samples: Am Product Distribution Agreement (Spansion Inc.), Assembly and Test Services Agreement (Spansion Inc.), Intellectual Property License Agreement (Spansion 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 provision of this Agreement.
Appears in 6 contracts
Samples: Asset Purchase Agreement (Forward Air Corp), Asset Purchase Agreement (Human Genome Sciences Inc), Asset Purchase Agreement (Integral Systems Inc /Md/)
Construction. The Parties parties hereto have jointly participated jointly in the negotiation and drafting of this Agreement. In the event of an ambiguity or in the event a question of intent or interpretation arises, this Agreement shall be construed as if drafted jointly by the Parties parties hereto, and no presumption presumptions or burden burdens of proof shall arise favoring or disfavoring any Party party hereto by virtue of the authorship of any of the provisions of this Agreement.
Appears in 6 contracts
Samples: Securities Purchase Agreement (Flynn James E), Stock Purchase Agreement (Prentice Capital Management, LP), Securities Purchase Agreement (Spectrum Pharmaceuticals Inc)
Construction. The Parties parties have participated jointly in the ------------ negotiation and drafting of this Agreement. In the event that 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.
Appears in 6 contracts
Samples: Voting Agreement (Columbus Nova Investments VIII LTD), Voting Agreement (Columbus Nova Investments VIII LTD), Registration Rights Agreement (Columbus Nova Investments VIII LTD)
Construction. The Parties (a) It is hereby understood that the parties have participated jointly in the negotiation negotiated and drafting of drafted this Agreement. In the event of an ambiguity or question of intent or interpretation arisesarise, this Agreement shall will be construed as if it were jointly drafted jointly by the Parties and no all parties. No presumption or burden of proof shall will arise favoring or disfavoring any Party hereto by virtue of the authorship of any of the provisions of this Agreement.
Appears in 5 contracts
Samples: Chenango Brokers, LLC Brokerage Agreement, Brokerage Agreement, Brokerage 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,
Appears in 5 contracts
Samples: Registration Rights Agreement (Little Wing Partners L P), Registration Rights Agreement (Little Wing Partners L P), Registration Rights Agreement (Little Wing Partners L P)
Construction. (a) The Parties have participated jointly in the negotiation and drafting of this Agreement. In , and, in the event of an ambiguity or a question of intent or a need for 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.
Appears in 5 contracts
Samples: Electric Vehicle Sharing Concession Agreement, Asset Purchase Agreement, Asset Purchase Agreement
Construction. The Parties parties have participated jointly in the negotiation and drafting of this Agreement. In Agreement and in the event an of any ambiguity or question of intent or interpretation arisesinterpretation, 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.
Appears in 5 contracts
Samples: Asset Purchase Agreement (Digirad Corp), Asset Purchase Agreement (Ballard Power Systems Inc.), Share Purchase Agreement (Quanterix Corp)
Construction. The Parties parties have participated jointly in the negotiation negotiating and drafting of this Agreement. In the event that an ambiguity or a question of intent or interpretation arises, this Agreement shall be construed as if jointly 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 provision of this Agreement.
Appears in 5 contracts
Samples: Stock Purchase Agreement (At&t Inc.), Stock Purchase Agreement (Liberty Latin America Ltd.), Securities Purchase Agreement (Verizon Communications 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.
Appears in 5 contracts
Samples: Agreement and Plan of Merger (Docucon Inc), Debt Exchange Agreement (Libbey Inc), Agreement and Plan of Merger (Analytical Surveys Inc)
Construction. The Parties have participated jointly in the negotiation negotiating and drafting of this Agreement. In the event that an ambiguity or a question of intent or interpretation arises, this Agreement shall will be construed as if drafted jointly by the Parties 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 provision of this Agreement.
Appears in 5 contracts
Samples: Merger Support Agreement (Scopia Capital Management Lp), Merger Support Agreement (Starboard Value LP), Voting and Support Agreement (ExOne Co)
Construction. (a) The Parties parties acknowledge that they have participated jointly in the negotiation and drafting of the terms 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.
Appears in 5 contracts
Samples: Stock Purchase Agreement (Champion Enterprises Inc), Stock Purchase Agreement (DJSP Enterprises, Inc.), Asset Purchase Agreement (Stoneridge Inc)
Construction. The Parties parties have participated jointly in the negotiation negotiating and drafting of this Agreement. In the event If an ambiguity or a 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 provision of this Agreement.
Appears in 5 contracts
Samples: Exchange Agreement (Healthcare Royalty, Inc.), Exchange Agreement (CompoSecure, Inc.), Exchange Agreement (Hostess 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.of
Appears in 5 contracts
Samples: Agreement and Plan of Merger (NTR PLC), Agreement and Plan of Merger (Skyline Chili Inc), Stock Purchase Agreement (Bowater 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 of the authorship of any of the provisions of this Agreement.
Appears in 5 contracts
Samples: Unit Purchase Agreement (Echo Global Logistics, Inc.), Unit Purchase Agreement (PetIQ, Inc.), Assignment of Rights and Title Agreement (Tranquility Inc)
Construction. The Parties have participated jointly in the negotiation and drafting of this Agreement. In the event an If 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 party by virtue of the authorship of any of the provisions of this Agreement.
Appears in 4 contracts
Samples: Interlocal Cooperation Agreement, Interlocal Cooperation Agreement, Interlocal Cooperation Agreement
Construction. The Parties have participated jointly in the negotiation and drafting of this the Agreement. In the event an ambiguity or question of intent or interpretation arises, this the 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 the Agreement.
Appears in 4 contracts
Samples: Agreement (Allied Esports Entertainment, Inc.), Program Production and Televising Agreement (WPT Enterprises Inc), Agreement (Allied Esports Entertainment, Inc.)
Construction. The Parties parties hereto have jointly participated jointly in the negotiation negotiations 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 hereto and no rule of construction, presumption or burden of proof shall arise favoring one party or disfavoring any Party another concerning the interpretation of ambiguous provisions or otherwise by virtue of the one party’s presumed authorship of this Agreement or any of the provisions of this Agreementprovision hereof.
Appears in 4 contracts
Samples: Stockholders Agreement (Laredo Oil, Inc.), License Agreement (Laredo Oil, Inc.), Management Services Agreement (Laredo Oil, 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 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 because of the authorship of any of the provisions provision of this Agreement.. The word "
Appears in 4 contracts
Samples: Agreement and Plan of Merger (3 D Systems Corp), Agreement and Plan of Merger (3 D Systems Corp), Agreement and Plan of Merger (Proactive Finance Group LLC)
Construction. The Parties parties have participated jointly in the negotiation and drafting of this Agreement. In the event that 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.. 50
Appears in 4 contracts
Samples: Convertible Preferred Stock Subscription Agreement (Moscow Cablecom Corp), Convertible Preferred Stock Subscription Agreement (Moscow Cablecom Corp), Convertible Preferred Stock Subscription Agreement (Moscow Telecommunications 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.
Appears in 4 contracts
Samples: Registration Rights Agreement (Cardiodynamics International Corp), Registration Rights Agreement (Cardiodynamics International Corp), Registration Rights Agreement (Cardiodynamics International 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 both 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.
Appears in 4 contracts
Samples: Executive Employment Agreement (Wisa Technologies, Inc.), Executive Employment Agreement (Wisa Technologies, Inc.), Executive Employment Agreement (Summit Semiconductor Inc.)
Construction. The Parties parties have participated jointly in the negotiation negotiating and drafting of this Agreement. In the event that an ambiguity or a question of intent or interpretation arises, the parties agree that 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 provision of this Agreement.
Appears in 4 contracts
Samples: Investment Agreement (RLJ Entertainment, Inc.), Stock Purchase Agreement (GE Capital US Holdings, Inc.), Stock Purchase Agreement (GE Capital US Holdings, 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 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 because of the authorship of any of the provisions provision of this Agreement.
Appears in 4 contracts
Samples: Global Transaction Agreement (Blueknight Energy Partners, L.P.), Global Transaction Agreement (Blueknight Energy Partners, L.P.), Investment Agreement (CB-Blueknight, LLC)
Construction. The Parties parties hereto have participated jointly in the negotiation and drafting of this Agreement. In , and, 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 parties, and no presumption or burden of proof shall will arise favoring or disfavoring any Party party by virtue of the authorship of any of the provisions of this Agreement.
Appears in 4 contracts
Samples: Securities Purchase Agreement (1847 Holdings LLC), Agreement and Plan of Merger (1847 Holdings LLC), Employment Agreement (1847 Goedeker 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 either Party by virtue of the authorship of at any of the provisions of this Agreement.
Appears in 4 contracts
Samples: Mutual Nondisclosure Agreement (Jda Software Group Inc), Mutual Nondisclosure Agreement (Jay Merger Sub, Inc.), Mutual Nondisclosure Agreement (Raytheon Co/)
Construction. The Parties parties have jointly participated jointly in the negotiation and drafting of this Agreement. In the event of 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 presumptions or burden burdens of proof shall arise favoring or disfavoring any Party party by virtue of the authorship of any of the provisions of this Agreement.
Appears in 4 contracts
Samples: Purchase Agreement (Franklin Covey Co), Purchase Agreement (Franklin Covey Co), Agreement of Sale (Merit Medical Systems 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.
Appears in 4 contracts
Samples: Trademark License Agreement (TRW Automotive Inc), Trademark License Agreement (TRW Automotive Inc), Intellectual Property License Agreement (TRW Automotive Inc)
Construction. The 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 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.
Appears in 4 contracts
Samples: License and Enforcement Agreement (Arrowhead Research Corp), Patent License Agreement (Arrowhead Research Corp), Wafer Purchase and Sale Agreement (SunEdison Semiconductor Pte. 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 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. The Parties intend that each representation, warranty and covenant contained herein will have independent significance.
Appears in 4 contracts
Samples: Asset Purchase Agreement (Iparty Corp), Asset Purchase Agreement (Digital Generation Systems Inc), Agreement and Plan of Merger (Wright Medical Group 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 by virtue of the authorship of any of the provisions of this Agreement.
Appears in 4 contracts
Samples: Asset Purchase Agreement (Nephros Inc), Interest Purchase Agreement (Global Eagle Entertainment Inc.), Agreement and Plan of Merger (Allstate 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 by virtue of the authorship of any of the provisions of this Agreement.
Appears in 4 contracts
Samples: Proxy Contest Settlement Agreement (LONGKLOOF LTD), Proxy Contest Settlement Agreement (New Frontier Media Inc), Purchase Agreement (Asv Inc /Mn/)
Construction. The Parties parties have participated jointly in the negotiation and drafting of this Agreement. In the event of 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.
Appears in 4 contracts
Samples: Purchase Agreement (Chicago Bridge & Iron Co N V), Exclusive License Agreement (Virexx Medical Corp), Exclusive License Agreement (United Therapeutics Corp)
Construction. The Parties have participated jointly in the negotiation negotiating and drafting of this Agreement. In the event an ambiguity If any ambiguity, question of intent, or question of intent or interpretation arisesarises with respect to this Agreement, then this Agreement shall will be construed as if drafted jointly by the Parties 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. As used in this Agreement, the word “including” means “including, without limitation.”
Appears in 4 contracts
Samples: Registration Rights Agreement (PACS Group, Inc.), Investors’ Rights Agreement (Inari Medical, Inc.), Investors’ Rights Agreement (Inari Medical, Inc.)
Construction. The Parties have participated jointly in the negotiation and drafting of this Agreement. In the event of 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.
Appears in 4 contracts
Samples: Shareholders’ Agreement (Scailex CORP Ltd.), Agreement (Smart Video Technologies Inc), Development and Commercialization Agreement (Molichem Medicines 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 arise favoring or disfavoring any Party by virtue of the authorship of any of the provisions of this Agreement.
Appears in 4 contracts
Samples: Stock Purchase Agreement (Tarsier Ltd.), Asset Purchase Agreement (CVSL Inc.), Purchase Agreement (Artec Global Media, 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 of 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.. The word “
Appears in 3 contracts
Samples: Stock Purchase Agreement (Standex International Corp/De/), Stock Purchase Agreement (Standex International Corp/De/), Stock Purchase Agreement (Standex International Corp/De/)
Construction. The Parties hereto have jointly 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 will be construed as if drafted jointly by the Parties hereto and no presumption or burden of proof shall will arise favoring or disfavoring any Party by virtue hereto because of the authorship of any of the provisions provision of this Agreement.
Appears in 3 contracts
Samples: Management Services Agreement (Black Ridge Oil & Gas, Inc.), Consulting Services Agreement (Black Ridge Oil & Gas, Inc.), Employment Agreement (Black Ridge Oil & Gas, Inc.)
Construction. The Parties parties have participated jointly in the negotiation and drafting of this AgreementAGREEMENT. In the event that an ambiguity or question of intent or interpretation arises, this Agreement 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 AgreementAGREEMENT.
Appears in 3 contracts
Samples: License, Manufacturing and Supply Agreement (Eyetech Pharmaceuticals Inc), License, Manufacturing and Supply Agreement (Osi Pharmaceuticals Inc), License, Manufacturing and Supply Agreement (Eyetech Pharmaceuticals Inc)
Construction. The Parties have participated jointly in the negotiation and drafting of this Agreement. In the event of 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.. Nothing in this Agreement shall operate to:
Appears in 3 contracts
Samples: Exclusive License Agreement (Supernus Pharmaceuticals Inc), Exclusive License Agreement (Supernus Pharmaceuticals Inc), Supernus Pharmaceuticals, Inc.
Construction. The Parties have participated jointly in the negotiation and drafting of this Agreement. In the event an that 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 by virtue of the authorship of any of the provisions of this Agreement.
Appears in 3 contracts
Samples: Agreement and Plan of Merger (Eon Communications Corp), Agreement and Plan of Merger (Eon Communications Corp), Agreement and Plan of Merger and Reorganization (Graphon Corp/De)
Construction. The Parties have Each party hereto has participated jointly in the negotiation negotiating and drafting of this Agreement. In the event an , so if any ambiguity or question of intent or interpretation arises, this Agreement shall will be construed as if the parties had drafted jointly by the Parties and no presumption it jointly, as opposed to being construed against a party because it was responsible for drafting one or burden of proof shall arise favoring or disfavoring any Party by virtue of the authorship of any of the provisions more terms of this Agreement.
Appears in 3 contracts
Samples: Separation Agreement and Release and Waiver of Claims (Santander Consumer USA Holdings Inc.), Severance and Release of Claims Agreement (Exact Sciences Corp), Restrictive Covenant Agreement (Santander Consumer USA Holdings Inc.)
Construction. The Parties have participated jointly in the negotiation and drafting of this AgreementAgreement and the Transaction Documents. In the event an ambiguity or question of intent or interpretation arises, this Agreement and the Transaction Documents 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 AgreementAgreement or any Transaction Document.
Appears in 3 contracts
Samples: Stock Purchase Agreement (LIN Media LLC), Asset Purchase Agreement (Helix Technologies, Inc.), Stock Purchase Agreement (Lin Television Corp)
