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 178 contracts
Sources: Purchase and Sale Agreement (Fulgent Genetics, Inc.), Asset Purchase Agreement (Fulgent Genetics, Inc.), Stock Purchase Agreement (Atmus Filtration 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 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 80 contracts
Sources: Stock Purchase Agreement (James River Group Holdings, Ltd.), Exclusivity and Expense Reimbursement Agreement, Stock Purchase 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 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 73 contracts
Sources: Professional Services Agreement, Professional Services 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 64 contracts
Sources: Subscription Agreement (Kong Jianping), Subscription Agreement (Sun Qifeng), Subscription Agreement (Kong Jianping)
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 42 contracts
Sources: Securities Purchase Agreement (Firefly Neuroscience, Inc.), Stock and Membership Interest Purchase Agreement (1847 Holdings LLC), Stock and Membership Interest 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 33 contracts
Sources: Business Combination Agreement (Squirrel Enlivened International Co., LTD), Stock Purchase Agreement (Simulations Plus, Inc.), Stock Purchase Agreement (Akerna 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 either Party by virtue of the authorship of any of the provisions of this Agreement.
Appears in 30 contracts
Sources: Loan Agreement, Master Transportation Services Agreement, Master Terminal Services Agreement
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 29 contracts
Sources: Voting Agreement (Baker Francis E), Registration Rights Agreement (Moscow Telecommunications Corp), Registration Rights Agreement (Baker Francis E)
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
Sources: Asset Acquisition Agreement (Tactical Services Inc), Employment Agreement (BGS Acquisition Subsidiary, Inc.), Compensation Sharing Agreement (Digital Caddies, Inc.)
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 27 contracts
Sources: Merger Agreement (Allete Inc), Merger Agreement (Allete Inc), Merger Agreement (W R Grace & Co)
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
Sources: Merger Agreement (Zynerba Pharmeceuticals, Inc.), Merger Agreement (Zynerba Pharmeceuticals, Inc.), Merger Agreement (Acorda 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 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
Sources: Tax Sharing Agreement (Covisint Corp), Master Separation Agreement (Covisint Corp), Registration Rights Agreement (Covisint Corp)
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
Sources: Securities Exchange Agreement (Inspired Builders, Inc.), Merger Agreement (Mobilepro Corp), Merger Agreement (Ariel Way Inc)
Construction. The Parties have participated jointly in the negotiation and drafting of this Agreement. In the event an ambiguity or question of or 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 22 contracts
Sources: Employment & Human Resources (Powersecure International, Inc.), Employment Agreement (Metretek Technologies Inc), Employment Agreement (Metretek Technologies Inc)
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
Sources: Asset Purchase Agreement (Avado Brands Inc), Asset Purchase Agreement (Avado Brands Inc), Asset Purchase Agreement (Avado Brands Inc)
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 18 contracts
Sources: Tender and Support Agreement (Combustion Merger Sub, Inc.), Tender and Support Agreement (Combustion Merger Sub, Inc.), Tender and Support Agreement (Combustion Merger Sub, 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
Sources: Services and Secondment Agreement (Holly Energy Partners Lp), Operational Services Agreement (Phillips 66 Partners Lp), Contribution, Conveyance and Assumption Agreement (Phillips 66 Partners Lp)
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
Sources: Consulting Agreement (Leisure Acquisition Corp.), Consulting Agreement (Leisure Acquisition Corp.), Consulting Agreement (Leisure Acquisition 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 15 contracts
Sources: Professional Services, Stock Exchange Agreement, Professional Services
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
Sources: Stock Purchase Agreement (Telvent Git S A), Registration Rights Agreement (Mail Com Inc), Registration Rights Agreement (Clark Estates 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 15 contracts
Sources: Shareholder Agreement, Merger Agreement (ZAIS Financial Corp.), Asset Purchase Agreement (Silver Falcon Mining, Inc.)
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
Sources: Transition Services Agreement (Signature Office Reit Inc), Asset Purchase Agreement (American Realty Capital Properties, Inc.), Transition Services Agreement (Wells Core Office Income Reit 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. Any reference to any federal, state, local or foreign statute or law will be deemed also to refer to all rules and regulations promulgated thereunder, unless the context requires otherwise. The word “including” means including without limitation. Any reference to the singular in this Agreement also includes the plural and vice versa.
Appears in 14 contracts
Sources: Stock Purchase Agreement, Purchase and Sale Agreement (Northsight Capital, Inc.), Purchase and Sale Agreement (Northsight Capital, 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 13 contracts
Sources: Securityholders Agreement (Hornbeck Offshore Services Inc /La), Securityholders Agreement (Hornbeck Offshore Services Inc /La), Employment Agreement (Orchestra BioMed 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 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 13 contracts
Sources: Asset Purchase Agreement (Spire Missouri Inc), Securities Purchase Agreement (National Fuel Gas Co), Securities Purchase Agreement (Centerpoint Energy Resources Corp)
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
Sources: Membership Interest Purchase Agreement (Telos Corp), Employment Agreement (Neiman Marcus Group LTD LLC), Employment Agreement (Neiman Marcus Group LTD LLC)
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 11 contracts
Sources: Asset Purchase Agreement (Durect Corp), Membership Interest Purchase Agreement (RumbleON, Inc.), Merger Agreement (RumbleON, Inc.)
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 11 contracts
Sources: Economic Development Agreement, Maintenance Services Agreement, Diesel Fuel Delivery Services Agreement
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
Sources: Employment Agreement (Cathay General Bancorp), Employment Agreement (Cathay General Bancorp), Stockholders Agreement (Ally Financial Inc.)
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
Sources: Supplemental Agreement (Ho Chi Sing), Registration Rights Agreement (Ho Chi Sing), Registration Rights Agreement (Ho Chi Sing)
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 10 contracts
Sources: Merger Agreement (Vertical Health Solutions Inc), Merger Agreement (Robcor Properties Inc), Stock Purchase Agreement (Red Carpet Entertainment 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
Sources: Sensor Technology License Agreement (Vivakor, 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 10 contracts
Sources: Real Estate Agreement (AmeriCann, Inc.), Asset Purchase Agreement (On Track Innovations LTD), Asset Purchase Agreement (SuperCom 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 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
Sources: Stock Purchase Agreement (Enernoc Inc), Merger Agreement (Enernoc Inc), Stock Purchase Agreement (Enernoc 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 10 contracts
Sources: Contribution Agreement (Monopar Therapeutics), Contribution Agreement (Monopar Therapeutics), Contribution Agreement (Monopar Therapeutics)
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 9 contracts
Sources: Merger Agreement (Golden Ocean Group LTD), Merger Agreement (CMB.TECH Nv), Merger Agreement (Golden Ocean Group LTD)
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 9 contracts
Sources: Employment Agreement (Bion Environmental Technologies Inc), Debt Exchange Agreement, Placement Agency Agreement (Wireless Ronin 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 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
Sources: Amendment and Consent Agreement (Telecommunication Systems Inc /Fa/), Merger Agreement (Laureate Education, Inc.), Stock Purchase Agreement (H & F Investors Iii Inc)
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
Sources: Contribution Agreement (Mammoth Energy Services, Inc.), Contribution Agreement (Mammoth Energy Services, Inc.), Contribution Agreement (Mammoth Energy 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.
Appears in 9 contracts
Sources: Purchase Agreement (Lowell Farms Inc.), Asset Purchase Agreement (Lowell Farms Inc.), Intellectual Property Sale and Purchase Agreement (Luckwel Pharmaceuticals 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 8 contracts
Sources: Mutual Nondisclosure Agreement, Mutual Nondisclosure Agreement, Mutual Non Disclosure Agreement (Jay Merger Sub, 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 otherwise requires.
Appears in 8 contracts
Sources: Investor Rights Agreement (New Frontier Energy Inc), Agreement & Plan of Exchange (Apache Motor Corp), Merger Agreement (Tutornet Com 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 8 contracts
Sources: Merger Agreement (Fitlife Brands, Inc.), Merger Agreement (iSatori, Inc.), Merger Agreement (Hawaiian Electric Co 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
Sources: Share Purchase Agreement (Spectrum Global Solutions, Inc.), Share Purchase Agreement (Spectrum Global Solutions, Inc.), Merger Agreement (Motif Bio PLC)
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
Sources: Lock Up and Leak Out Agreement (VDA GROUP S.p.A.), Shareholders Agreement (Wu Bruno Zheng), Shareholder Agreement (Ideanomics, Inc.)
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 8 contracts
Sources: Stock Subscription Agreement, Stock Subscription Agreement (Andersen Group Inc), Stock Subscription Agreement (Andersen 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 Agreementagreement. 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 8 contracts
Sources: Manufacturing Agreement (Rf Monolithics Inc /De/), Manufacturing Agreement Extension (Infiniti Solutions LTD), Manufacturing Agreement (Rf Monolithics Inc /De/)
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
Sources: 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 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
Sources: Development and License Agreement (Metabasis Therapeutics Inc), License Agreement (Ribapharm Inc), Development and License Agreement (Ribapharm 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. 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 7 contracts
Sources: Employment Agreement, Employment Agreement (BGS Acquisition Subsidiary, Inc.), Employment Agreement (Phosphate Holdings, Inc.)
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 7 contracts
Sources: Registration Rights Agreement (PACS Group, Inc.), Registration Rights Agreement (PACS Group, Inc.), Investors’ Rights Agreement (Inari Medical, Inc.)
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 7 contracts
Sources: Asset Purchase Agreement, Asset Purchase Agreement, Share Purchase Agreement (Quanterix 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 7 contracts
Sources: Stock Purchase Agreement (Token Communities Ltd.), Limited Liability Company Interest Purchase Agreement, Stock Purchase Agreement (808 Renewable Energy Corp)
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
Sources: 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
Sources: 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 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 7 contracts
Sources: Executive Employment Agreement (Wisa Technologies, Inc.), Executive Employment Agreement (Wisa Technologies, Inc.), Executive Employment Agreement (Wisa Technologies, Inc.)
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 7 contracts
Sources: Transition Services Agreement (Spansion Inc.), Am Product Foundry Agreement (Spansion Inc.), Product Distribution Agreement (Spansion 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 7 contracts
Sources: Term Loan Credit Agreement (Brand House Collective, Inc.), Term Loan Credit Agreement (Brand House Collective, Inc.), Term Loan Credit Agreement (Brand House Collective, Inc.)
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
Sources: Merger Agreement (Questar Corp), Merger Agreement (Dominion Resources Inc /Va/), Merger Agreement (Duke Energy CORP)
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
Sources: Collaboration Agreement (Pdi Inc), Collaboration Agreement (Pdi Inc), Credit Agreement (SWK Holdings Corp)
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 6 contracts
Sources: License Agreement, Patent License Agreement, Wafer Purchase and Sale Agreement (SunEdison Semiconductor Pte. Ltd.)
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.
Appears in 6 contracts
Sources: Voting Agreement and Irrevocable Proxy (Capsource Financial Inc), Voting Agreement and Irrevocable Proxy (Capsource Financial Inc), Voting Agreement and Irrevocable Proxy (Capsource Financial 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 6 contracts
Sources: Redemption Agreement (Intersections Inc), Membership Interest Purchase Agreement (Compass Group Diversified Holdings LLC), Merger Agreement (Cpac Inc)
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
Sources: Stock Purchase Agreement (Centennial Sepcialty Foods Corp), Agreement and Plan of Reorganization (Micro General Corp), Stock Purchase Agreement (American National Financial 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
Sources: Voting Agreement (Columbus Nova Investments VIII LTD), Voting Agreement (Columbus Nova Investments VIII LTD), Voting Agreement (Columbus Nova Investments VIII 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 provision of this Agreement.
Appears in 6 contracts
Sources: Stock Purchase Agreement (Ameron International Corp), Asset Purchase Agreement (Integral Systems Inc /Md/), Asset Purchase Agreement (Forward Air 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 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 a party by virtue of the authorship of any of the provisions of this Agreement.
Appears in 6 contracts
Sources: Merger Agreement (United States Exploration Inc), Agreement and Plan of Merger (First Commonwealth Financial Corp /Pa/), Merger Agreement (Laurel Capital Group 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, 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
Sources: Merger Agreement (Willbros Group, Inc.\NEW\), Merger Agreement (Primoris Services Corp), Merger Agreement (Gold Party Payday Inc)
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
Sources: Stock Purchase Agreement (1847 Holdings LLC), Merger Agreement (Teekay Tankers Ltd.), Stock Purchase Agreement (Baltic Trading 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 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 6 contracts
Sources: Merger Agreement (NTR PLC), Purchase Agreement (Celanese CORP), Asset Purchase Agreement (Nutrition Medical Inc)
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
Sources: Securities Purchase Agreement (Warburg Pincus Private Equity X, L.P.), Securities Purchase Agreement (Spectrum Pharmaceuticals Inc), Securities Purchase Agreement (Flynn James E)
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 5 contracts
Sources: Purchase, Sale & Co Investment Agreement (CB-Blueknight, LLC), Purchase, Sale & Co Investment Agreement (Blueknight Energy Holding, Inc.), Asset Purchase Agreement (TrueBlue, 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
Sources: Exchange Agreement (CompoSecure, Inc.), Exchange Agreement (Healthcare Royalty, Inc.), Merger Agreement (Roman DBDR Tech 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,
Appears in 5 contracts
Sources: Stock Purchase Agreement (Little Wing Partners L P), Stock Purchase Agreement (Little Wing Partners L P), Stock Purchase Agreement (Little Wing Partners L P)
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
Sources: Unit Purchase Agreement (PetIQ, Inc.), Unit Purchase Agreement (Echo Global Logistics, Inc.), Assignment of Rights and Title Agreement (Tranquility 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
Sources: Voting and Support Agreement (Desktop Metal, Inc.), Voting and Support Agreement (Desktop Metal, Inc.), Voting and Support Agreement (ExOne Co)
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 5 contracts
Sources: Securities Purchase Agreement (CFN Enterprises Inc.), Merger Agreement (1847 Holdings LLC), Securities Purchase Agreement (1847 Holdings LLC)
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
Sources: Stock Purchase Agreement (Liberty Latin America Ltd.), Securities Purchase Agreement (Verizon Communications Inc), Securities Purchase Agreement (Frontier Communications Corp)
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 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
Sources: Voting and Transaction Support Agreement (Algonquin Power & Utilities Corp.), Voting and Transaction Support Agreement (Atlantica Sustainable Infrastructure PLC), Transaction Agreement (Atlantica Sustainable Infrastructure PLC)
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
Sources: 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 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
Sources: Investment Agreement (RLJ Entertainment, Inc.), Stock Purchase Agreement (Madison Square Garden Co), 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 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
Sources: Interlocal Cooperation Agreement, Interlocal Cooperation Agreement, Interlocal Cooperation 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 provision of this Agreement.
Appears in 4 contracts
Sources: Interlocal Agreement, Stock Purchase Agreement (American Precision Industries Inc), Stock Purchase Agreement (Inter Scan Holding 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 by virtue of the authorship of any of the provisions of this Agreement.
Appears in 4 contracts
Sources: Proxy Contest Settlement Agreement (New Frontier Media Inc), Proxy Contest Settlement Agreement (LONGKLOOF LTD), Purchase Agreement (Asv Inc /Mn/)
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
Sources: Program Production and Televising Agreement (Allied Esports Entertainment, Inc.), Agreement (Allied Esports Entertainment, 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
Sources: License Agreement (Laredo Oil, Inc.), Management Services Agreement (Laredo Oil, Inc.), Stockholders 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 be construed as if drafted jointly by the Parties and no presumption or burden of proof shall arise favoring or disfavoring any Party either of the Patties by virtue of the authorship of at any of the provisions of this Agreement.
Appears in 4 contracts
Sources: Nondisclosure and Standstill Agreement, Nondisclosure and Standstill Agreement, Nondisclosure and Standstill Agreement
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 hereto by virtue of the authorship of any of the provisions provision of this Agreement.
Appears in 4 contracts
Sources: Merger Agreement, Merger Agreement (Avista Corp), Merger 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.
Appears in 4 contracts
Sources: Trademark License Agreement (TRW Automotive Inc), Trademark License Agreement (TRW Automotive Inc), Intellectual Property License Agreement (TRW Automotive Inc)
Construction. The Parties have Each of the parties hereto 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 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
Sources: Registration Rights Agreement (Biotricity Inc.), Registration Rights Agreement (Biotricity Inc.), Registration Rights Agreement (Athenex, 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
Sources: Asset Purchase Agreement (Nephros Inc), Merger Agreement (Allstate Corp), Interest Purchase Agreement (Global Eagle Entertainment 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
Sources: License Agreement (Nexell Therapeutics Inc), Registration Rights Agreement (Cardiodynamics International Corp), Registration Rights Agreement (Cardiodynamics International Corp)
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
Sources: Merger Agreement (3 D Systems Corp), Merger Agreement (3 D Systems Corp), Merger Agreement (DTM Corp /Tx/)
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 4 contracts
Sources: Stock Purchase Agreement, Stock Purchase Agreement (Standex International Corp/De/), Stock Purchase Agreement (Standex International Corp/De/)
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
Sources: Purchase Agreement (Chicago Bridge & Iron Co N V), Exclusive License Agreement (United Therapeutics Corp), Exclusive License Agreement (Virexx Medical 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. The Parties intend that each representation, warranty and covenant contained herein will have independent significance.
Appears in 4 contracts
Sources: Merger Agreement (Wright Medical Group Inc), Asset Purchase Agreement (Digital Generation Systems Inc), Asset Purchase Agreement (Iparty Corp)
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
Sources: Shareholders' Agreement (Scailex CORP Ltd.), Stock Exchange Agreement (Smart Video Technologies Inc), Exclusive 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
Sources: Stock Purchase Agreement (Tarsier Ltd.), Purchase Agreement (Artec Global Media, Inc.), Asset Purchase Agreement (CVSL Inc.)
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 party by virtue of the authorship of any of the provisions of this Agreement.
Appears in 3 contracts
Sources: Share Purchase Agreement (Xpeng Inc.), Investment Agreement (Alibaba Group Holding LTD), Investment Agreement (Alibaba Group Holding LTD)
Construction. Official Version. 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 3 contracts
Sources: Share Purchase Agreement (Cowley Technologies Corp), Share Exchange Agreement (Cowley Technologies Corp), Share Purchase Agreement (Dahua Inc)