Construction. The language used in this Agreement will be deemed to be the language chosen by the parties to express their mutual intent, and no rule of strict construction will be applied against any party.
Appears in 297 contracts
Sources: Employment Agreement (Myr Group Inc.), Share Exchange Agreement (United Express Inc.), Employment Agreement (Myr Group Inc.)
Construction. The language used in this Agreement will be deemed to be the language chosen by the parties to express their mutual intent, and no rule rules of strict construction will be applied against any party.
Appears in 164 contracts
Sources: Master Netting Agreement (Interactive Strength, Inc.), Registration Rights Agreement (Portage Biotech Inc.), Cfo Outsourcing Agreement (Ludwig Enterprises, Inc.)
Construction. The language used in this Agreement will shall be deemed to be the language chosen by the parties to express their mutual intent, and no rule of strict construction will shall be applied against any party.
Appears in 113 contracts
Sources: Executive Employment Agreement (Instinct Bio Technical Co Inc.), Executive Employment Agreement (Instinct Bio Technical Co Inc.), Executive Employment Agreement (Instinct Bio Technical Co Inc.)
Construction. The language used in this Agreement will be deemed to be the language chosen by the parties to express their mutual intent, and no rule rules of strict construction will be applied against any party. No specific representation or warranty shall limit the generality or applicability of a more general representation or warranty.
Appears in 76 contracts
Sources: Exchange Agreement (RetinalGenix Technologies Inc.), Exchange Agreement (Galaxy Next Generation, Inc.), Exchange Agreement (Galaxy Next Generation, Inc.)
Construction. The language used in this Agreement will be deemed to be the language chosen by the parties Parties to express their mutual intent, and no rule rules of strict construction will be applied against any partyParty.
Appears in 68 contracts
Sources: Option Agreement, Call Option Agreement (Kingold Jewelry, Inc.), Call Option Agreement (China Electronics Holdings, Inc.)
Construction. The language used in this Agreement will be deemed to be is the language chosen by the parties to express their mutual intent, and no rule of strict construction will be applied against any either party.
Appears in 49 contracts
Sources: Services and Supply Agreement, Services and Supply Agreement, Supply Agreement
Construction. The language used in this Agreement will be deemed to be the language chosen by the parties to express their mutual intent, and no rule of strict construction will be applied against any party. The headings of sections of this Agreement are for convenience of reference only and shall not affect its meaning or construction.
Appears in 45 contracts
Sources: Executive Non Competition Agreement, Confidentiality, Non Competition and Non Solicitation Employment Agreement, Employment Agreement (Ashford Inc.)
Construction. The language used in this Agreement will shall be deemed to be the language chosen by the parties to express their mutual intent, and no rule of strict construction will shall be applied against any party. The headings of sections of this Agreement are for convenience of reference only and shall not affect its meaning or construction.
Appears in 34 contracts
Sources: Employment Agreement (Store Capital LLC), Employment Agreement (Store Capital LLC), Employment Agreement (Store Capital LLC)
Construction. The language used in this Agreement will be deemed to be the language chosen by the parties to express their mutual intent, intent and no rule rules of strict construction will be applied against any either party.
Appears in 25 contracts
Sources: Executive Employment Agreement (Indoor Harvest Corp), Executive Employment Agreement (Indoor Harvest Corp), Executive Employment Agreement (Indoor Harvest Corp)
Construction. The language used in this Agreement will be deemed to be is the language chosen by the parties to express their mutual intent, and no rule of strict construction will be applied against any party.
Appears in 24 contracts
Sources: Investors’ Rights Agreement (Neuronetics, Inc.), Unit Purchase Agreement (Live Current Media Inc.), Unit Purchase Agreement (Live Current Media Inc.)
Construction. The language used in this Agreement will be deemed to be the language chosen by the parties to express their mutual intent, intent and no rule rules of strict construction will be applied against any party.
Appears in 23 contracts
Sources: Registration Rights Agreement (Northern Dynasty Minerals LTD), Registration Rights Agreement (Jaguar Health, Inc.), Subscription Agreement (Northern Dynasty Minerals LTD)
Construction. The language used in this Agreement will shall be deemed to be the language chosen by the parties Parties to express their mutual intent, and no rule of strict construction will shall be applied against any partyParty.
Appears in 15 contracts
Sources: Asset Purchase Agreement (Tivic Health Systems, Inc.), Asset Purchase Agreement, Merger Agreement
Construction. The language used in this Agreement will be deemed to be is the language chosen by the parties to express their mutual intent, and no rule of strict construction will shall be applied against any party.
Appears in 15 contracts
Sources: Penelope Ors Measures Agreement, Penelope Ors Measures Agreement, Voting Agreement (Decisionlink Inc)
Construction. The language used in this Agreement will be deemed to be the language chosen by the parties to express their mutual intent, and no rule of strict construction will be applied against any party.. Unless the context otherwise requires: (a) "
Appears in 15 contracts
Sources: Securityholders' Agreement (Blum Capital Partners Lp), Stockholders Agreement (Crystal Decisions Inc), Securityholders' Agreement (Cb Richard Ellis Services Inc)
Construction. The language used in this Agreement will be is deemed to be the language chosen by the parties Parties to express their mutual intent, and no . No rule of strict construction will shall be applied against any partyeither Party.
Appears in 14 contracts
Sources: Carrier Service Agreement (CCC Globalcom Corp), Carrier Service Agreement (Eschelon Telecom Inc), Carrier Service Agreement (Eschelon Telecom Inc)
Construction. The language used in this Agreement will be deemed to be the language chosen by the parties Company and the Officer to express their mutual intent, and no rule of strict construction will shall be applied against any either party.
Appears in 13 contracts
Sources: Employment Agreement (Power 3 Medical Products Inc), Employment Agreement (Power 3 Medical Products Inc), Employment Agreement (Power 3 Medical Products Inc)
Construction. The language used in this Agreement will be deemed to be by the language chosen by the parties to express their mutual intent, intent and no rule rules of strict construction will be applied against any either party.
Appears in 13 contracts
Sources: Employee Proprietary Information and Invention Assignment Agreement (Foxx Development Holdings Inc.), Employment Agreement, Employment Agreement
Construction. The language used in this Agreement will be deemed to be the language chosen by the parties Parties to express their mutual intent, and no rule of strict construction will be applied against any partyParty.
Appears in 12 contracts
Sources: Share Transfer Agreement (Future FinTech Group Inc.), Stockholders Agreement (Colony Capital, Inc.), Stockholders Agreement (Colony Credit Real Estate, Inc.)
Construction. The language used in this Agreement Agreement, including the documents, instruments, agreements, exhibits, schedules, and annexes hereto will be deemed to be the language chosen by the parties to express their mutual intent, and no rule of strict construction will shall be applied implied against any party.
Appears in 11 contracts
Sources: Restricted Stock Purchase Agreement (Sibling Group Holdings, Inc.), Restricted Stock Purchase Agreement (Sibling Entertainment Group Holdings, Inc.), Restricted Stock Purchase Agreement (Sibling Entertainment Group Holdings, Inc.)
Construction. The language used in this Agreement will shall be deemed to be the language chosen by the parties to express their mutual intent, and no rule of strict construction will shall be applied against any party. The section headings in this Agreement are for convenience of reference only, and they form no part of this Agreement and shall not affect its construction.
Appears in 11 contracts
Sources: Employment Agreement (Resolute Energy Corp), Employment Agreement (Resolute Energy Corp), Employment Agreement (Resolute Energy Corp)
Construction. The language used in this Agreement will be deemed to be the language chosen by the parties hereto to express their mutual intent, and no rule of strict construction will be applied against any party.
Appears in 10 contracts
Sources: Independent Contractor Agreement (Massive Dynamics, Inc.), Services Agreement (Massive Dynamics, Inc.), Contribution Agreement (KBS Real Estate Investment Trust, Inc.)
Construction. The language used in this Agreement will shall be deemed to be the language chosen by the parties hereto to express their mutual intent, and no rule of strict construction will shall be applied against any party.
Appears in 9 contracts
Sources: Executive Employment Agreement (Office Depot Inc), Employment Agreement (Office Depot Inc), Merger Agreement (Alcoa Inc)
Construction. The language used in this Agreement will be deemed to be is the language chosen by the parties to express their mutual intent, and no rule of strict construction will shall be applied against any either party.
Appears in 9 contracts
Sources: Note Purchase Agreement, Stock Purchase Agreement (Federal Signal Corp /De/), Employment, Non Competition and Stock Repurchase Agreement (Impac Group Inc /De/)
Construction. The language used in this Agreement will be deemed to be the language chosen by the parties Parties to express their mutual intent, and no rule of strict construction will be applied against any partypart.
Appears in 9 contracts
Sources: Master Supply Agreement, Master Supply Agreement, Master Supply Agreement
Construction. The language used in this Agreement will be deemed to be the language chosen by the parties to express their joint and mutual intent, and no rule of strict construction will be applied against any party.
Appears in 8 contracts
Sources: Series C Preferred Stock Purchase Agreement (Roka BioScience, Inc.), Series E Preferred Stock Purchase Agreement (Roka BioScience, Inc.), Series D Preferred Stock Purchase Agreement (Roka BioScience, Inc.)
Construction. The language used in this Agreement will be deemed to be the language chosen by the parties to express their mutual intent, and no rule rules of strict construction will be applied against any either party.
Appears in 8 contracts
Sources: Ceo Offer Letter (Spruce Power Holding Corp), Transition and Separation Agreement (XL Fleet Corp.), Master Service Agreement
Construction. The language used in this Agreement will be deemed to be the language chosen by the parties to express their mutual intent, and no rule rules of strict construction will be applied against any party. For clarification purposes, the Recitals are part of this Agreement and are hereby incorporated by reference.
Appears in 8 contracts
Sources: Securities Purchase Agreement (Lakeland Bancorp Inc), Securities Purchase Agreement (First Busey Corp /Nv/), Exchange Agreement (Nacel Energy Corp)
Construction. The language used in this Agreement will shall be deemed to be the language chosen by the parties hereto to express their mutual intent, intent and no rule of strict construction will shall be applied against any partyparty hereto. This Agreement shall be deemed jointly drafted by each of the parties. Each party has availed, or had the opportunity to avail, the advice and assistance of independent legal counsel.
Appears in 8 contracts
Sources: Business Combination Agreement (Goal Acquisitions Corp.), Business Combination Agreement (Goal Acquisitions Corp.), Business Combination Agreement (Goal Acquisitions Corp.)
Construction. The language used in this Agreement will be deemed to be the language chosen by Employee and the parties Company to express their mutual intent, and no rule rules of strict construction will be applied against any partyeither Party.
Appears in 6 contracts
Sources: Employment Agreement (Xtant Medical Holdings, Inc.), Employment Agreement (Xtant Medical Holdings, Inc.), Employment Agreement (Xtant Medical Holdings, Inc.)
Construction. The language used in this Agreement will shall be deemed to be the language chosen by the parties to express their mutual intent, and no rule of strict construction will be applied against any party.
Appears in 5 contracts
Sources: Stockholders Agreement (Molycorp, Inc.), Registration Rights Agreement (Molycorp, Inc.), Stockholders Agreement (Molycorp, Inc.)
Construction. The language used in this Agreement will be deemed to be the language chosen by Employee and the parties Company to express their mutual intent, and no rule rules of strict construction will be applied against any either party.
Appears in 5 contracts
Sources: Employment Agreement (Xtant Medical Holdings, Inc.), Employment Agreement (Bacterin International Holdings, Inc.), Employment Agreement (Bacterin International Holdings, Inc.)
Construction. The language used in this Agreement will be deemed to be the language chosen by the parties hereto to express their mutual intent, and no rule of strict construction will be applied against any partyparty hereto.
Appears in 5 contracts
Sources: Receivables Purchase and Sale Agreement (Partners First Receivables Funding Corp), Contribution Agreement (Partners First Receivables Funding Corp), Receivables Purchase and Sale Agreement (Partners First Receivables Funding Corp)
Construction. (a) The language used in this Agreement will shall be deemed to be the language chosen by the parties Parties to express their mutual intent, and no rule of strict construction will shall be applied against any partyParty.
Appears in 5 contracts
Sources: Merger Agreement (Edison Schools Inc), Asset Purchase Agreement (Pegasystems Inc), Merger Agreement (Silverstream Software Inc)
Construction. The language used in this Agreement will shall be deemed to be the language chosen by the parties to express their mutual intent, and no rule of strict construction will shall be applied against any party. The Recitals to this Agreement are incorporated herein and shall be deemed part of the operative provisions.
Appears in 5 contracts
Sources: Executive Employment Agreement (Applied Dna Sciences Inc), Executive Employment Agreement (Applied Dna Sciences Inc), Executive Employment Agreement (Bitmine Immersion Technologies, Inc.)
Construction. The language used in this Agreement will be deemed to be the language chosen by the parties Employee and the Company to express their mutual intent, and no rule rules of strict construction will be applied against any either party.
Appears in 4 contracts
Sources: Employment Agreement (Bacterin International Holdings, Inc.), Employment Agreement (Bacterin International Holdings, Inc.), Employment Agreement (Bacterin International Holdings, Inc.)
Construction. The language used in this Agreement will shall be deemed to be the language chosen approved by the all parties to this Agreement to express their mutual intent, and no rule of strict construction will shall be applied against any party.
Appears in 4 contracts
Sources: Real Estate Purchase Agreement (Farmland Partners Inc.), Real Estate Purchase Agreement (Farmland Partners Inc.), Real Estate Purchase Agreement (Farmland Partners Inc.)
Construction. The language used in this Agreement will shall be deemed to be the language chosen by the parties Parties to express their mutual intent, intent and no rule of strict construction will shall be applied against any partyParty.
Appears in 4 contracts
Sources: Shareholder Tender and Support Agreement (Live Oak Acquisition Corp II), Assignment Agreement (George Foreman Enterprises Inc), Assignment Agreement (George Foreman Enterprises Inc)
Construction. The language used in this Agreement will be deemed to be the language chosen by the parties to express their mutual intent, and no rule of strict construction will be applied against any party.. In addition, unless the context otherwise requires:
Appears in 4 contracts
Sources: Unit Grant Agreement (loanDepot, Inc.), Stockholders’ Agreement (Orchard Supply Hardware Stores Corp), Stockholders’ Agreement (Orchard Supply Hardware Stores Corp)
Construction. The language used in this Agreement will shall be deemed to be the language chosen by the parties to express their mutual intent, and no rule of strict construction will shall be applied against any partyParty.
Appears in 4 contracts
Sources: Business Transfer Agreement (Hanryu Holdings, Inc.), Business Transfer Agreement, Business Transfer Agreement (Molecular Imaging Corp)
Construction. The language used in this Agreement will be deemed to be is the language chosen by the parties Parties to express their mutual intent, and no rule of strict construction will to the effect that any ambiguity is to be resolved against the drafting Party shall be applied against any partyParty.
Appears in 4 contracts
Sources: Arrangement Agreement (Nevoro Inc.), Arrangement Agreement (Bema Gold Corp /Can/), Arrangement Agreement (Colombia Goldfields LTD)
Construction. The language used in this Agreement will be deemed to be the language has been chosen by the parties to express their mutual intent, and no rule of strict construction will or interpretation requiring this Agreement to be applied construed or interpreted against any partyparty shall apply.
Appears in 4 contracts
Sources: Limited Partnership Agreement (Apollo IG Core Replacement, L.P.), Amended and Restated Agreement of Limited Partnership (Apollo IG Core Replacement, L.P.), Limited Partnership Agreement (Apollo IG Core Replacement, L.P.)
Construction. The language used in this Agreement will be deemed to be the language chosen by the parties to express their mutual intent, intent and no rule of strict construction will be applied against any party.
Appears in 4 contracts
Sources: Merger Agreement (Intellisense Solutions Inc.), Share Exchange Agreement (Technology Publishing, Inc.), Share Purchase Agreement (Vitran Corp Inc)
Construction. The language used in this Agreement will be deemed to be the language chosen by the parties to express their mutual intent, and no rule of strict construction will be applied against any party.. Unless the context otherwise requires: (a) “
Appears in 3 contracts
Sources: Stockholders Agreement (Vivint Solar, Inc.), Stockholders' Agreement (MedQuist Holdings Inc.), Stockholders' Agreement (MedQuist Holdings Inc.)
Construction. The language used in this Agreement will be deemed to be the language chosen by the parties to express their mutual intent, and no rule rules of strict construction will be applied against any party.. [Signature page follows]
Appears in 3 contracts
Sources: Pledge and Security Agreement (Emagin Corp), Pledge and Security Agreement (Emagin Corp), Pledge and Security Agreement (Emagin Corp)
Construction. The language used in this Agreement will be deemed to be the language chosen by the parties to express their mutual intent, and no rule of strict construction will be applied against any party.of
Appears in 3 contracts
Sources: Asset Purchase Agreement (Safety Components International Inc), Asset Purchase Agreement (JPS Automotive Products Corp), Securityholders' Agreement (Blum Capital Partners Lp)
Construction. The language used in this Agreement will be deemed to be the language chosen by the parties to express their mutual intent, and no rule of strict construction will be applied against any party.. Austin 814324v.2
Appears in 3 contracts
Sources: Employment Agreement (Orion Marine Group Inc), Employment Agreement (Orion Marine Group Inc), Employment Agreement (Orion Marine Group Inc)
Construction. The language used in this Agreement will shall be deemed to be the language chosen by the parties to express their mutual intent, and and, to the fullest extent permitted by law, the parties intend that no rule of strict construction will be applied against any party.
Appears in 3 contracts
Sources: Limited Liability Company Operating Agreement, Limited Liability Company Operating Agreement, Limited Liability Company Operating Agreement
Construction. The language used in this Agreement will be ------------ deemed to be the language chosen by the parties to express their mutual intent, and no rule of strict construction will be applied against any party.
Appears in 3 contracts
Sources: Stock Purchase Agreement (Morrison Knudsen Corp//), Merger Agreement (Impac Group Inc /De/), Stock Purchase Agreement (Ameritruck Distribution Corp)
Construction. The language used in this Agreement will shall be deemed to be the language chosen by the parties to express their mutual mutual-intent, and no rule of strict construction will shall be applied against against-any partyParty.
Appears in 3 contracts
Sources: Business Transfer Agreement (Global Interactive Technologies, Inc.), Business Transfer Agreement (Hanryu Holdings, Inc.), Business Transfer Agreement (Hanryu Holdings, Inc.)
Construction. The language used in this Agreement will be deemed to be the language has been chosen by the parties to express their mutual intent, and no rule of strict construction will shall be applied against any party. In construing this Agreement, no consideration shall be given to the fact or presumption that either party had a greater or lesser hand in drafting the Agreement.
Appears in 2 contracts
Sources: Employment Agreement (La Petite Academy Inc), Employment Agreement (La Petite Academy Inc)
Construction. The language used in this Agreement will be deemed to be the language chosen by all of the parties hereto to express their mutual intent, and no rule of strict construction will shall be applied specified against any party.
Appears in 2 contracts
Sources: Exchange Agreement (Indenet Inc), Stock Purchase Agreement (Olympic Cascade Financial Corp)
Construction. The language used in this Agreement will be deemed to be the language chosen by the parties to express their mutual intent, and no rule of strict construction will be applied against any either party.
Appears in 2 contracts
Sources: Asset Purchase Agreement (Triquint Semiconductor Inc), Escrow Agreement (First Chesapeake Financial Corp)
Construction. The language used in this Agreement will be deemed to be the language chosen by the parties Parties hereto to express their mutual intent, and no rule of strict construction will be applied against any partyParty.
Appears in 2 contracts
Sources: Asset Purchase Agreement (Ibis Technology Corp), Simox and Hydrogen License Agreement (Ibis Technology Corp)
Construction. The language used in this Agreement will be deemed to be the language chosen by the parties to express their mutual intent, and no rule rules of strict construction will be applied against any party.. [Signature Page Follows]
Appears in 2 contracts
Sources: Note Purchase Agreement, Registration Rights Agreement (Echostar Communications Corp)
Construction. The language used in this Agreement will be deemed to be the is language chosen by the parties Parties to express their mutual intent, and no rule of strict construction will shall be applied against any partyParty hereto. The Parties hereby acknowledge and agree that they have been represented by counsel in the negotiation and drafting of this Agreement and, accordingly, this Agreement shall be deemed to have been prepared jointly by the Parties, and shall not be construed against any Party as the drafter.
Appears in 2 contracts
Sources: Settlement Agreement (Pentastar Communications Inc), Settlement Agreement (Pentastar Communications Inc)
Construction. The language used in this Agreement will be deemed ------------ to be the language chosen by each of the parties hereto to express their mutual intent, and no rule of strict construction will construction, including the rule that ambiguities are to be resolved against the drafting party, shall be applied against any either party.
Appears in 2 contracts
Sources: Employment Agreement (Depomed Inc), Employment Agreement (Depomed Inc)
Construction. The language used in this Agreement will be deemed ------------- to be the language chosen by the parties to express their mutual intent, and no rule rules of strict construction will be applied against any party.
Appears in 2 contracts
Sources: Special Warrants Purchase Agreement (Apollo Gold Corp), Unit Purchase Agreement (Apollo Gold Corp)
Construction. The language used in this Agreement will be deemed to be the language chosen by the parties to express their mutual intent, and no rule rules of strict construction will be applied against any party. This Agreement shall be deemed to be jointly drafted by the Company and the Purchaser and shall not be construed against any Person as the drafter hereof.
Appears in 2 contracts
Sources: Sino Foreign Cooperative Joint Venture Contract, Sino Foreign Cooperative Joint Venture Contract (Aura Systems Inc)
Construction. The language used in this Agreement will be deemed to be the language chosen by the parties Parties to express their mutual intent, and no rule of strict construction will shall be applied against any partyParty.
Appears in 2 contracts
Sources: Asset Purchase Agreement (Spectrum Organic Products Inc), Asset Purchase Agreement (Spectrum Organic Products Inc)
Construction. The language used in this Agreement will be deemed ------------ to be the language chosen by the parties to express their mutual intent, and no rule of strict construction will be applied against any party.
Appears in 2 contracts
Sources: Asset Purchase Agreement (Mangosoft Inc), Stock Purchase Agreement (Burrard Technologies Inc)
Construction. The language used in this Agreement will be deemed to be the language chosen by the parties to express their mutual intent, and no rule of strict construction will be applied against any party.. Unless the context otherwise requires: (a) ”or” is disjunctive but not exclusive,
Appears in 2 contracts
Sources: Standby Purchase Agreement, Standby Purchase Agreement (Roadrunner Transportation Systems, Inc.)
Construction. The language used in this Agreement will shall be deemed to be the language chosen by the parties to express their mutual intent, and no rule of strict construction will shall be applied against any either party.
Appears in 2 contracts
Sources: Executive Employment Agreement (Rad Technologies Inc.), Executive Employment Agreement (Rad Technologies Inc.)
Construction. The language used in this Agreement will shall be deemed to be the language chosen by the parties hereto to express their mutual intent, intent and no rule of strict construction will shall be applied against any party.
Appears in 2 contracts
Sources: Merger Agreement (Degeorge Financial Corp), Merger Agreement (Degeorge Peter R)
Construction. The language used in this Agreement will shall be deemed to be the language chosen by the parties Parties to express their mutual intent, and no rule of strict construction will shall be applied against any partyPerson.
Appears in 2 contracts
Sources: Stock Purchase Agreement (GBS Enterprises Inc), Stock Purchase Agreement (GBS Enterprises Inc)
Construction. The language used in this Agreement will be deemed to be the language chosen by the parties to express their mutual intent, and no rule of strict construction will shall be applied against any party.
Appears in 2 contracts
Sources: Food Truck Services Agreement, Employment Agreement (Kaye Group Inc)
Construction. The language used in this Agreement will be deemed to be is the language chosen by the parties to express their mutual intent, and no rule rules of strict construction will be applied against any party.
Appears in 2 contracts
Sources: Note Purchase Agreement (Emisphere Technologies Inc), Subscription Agreement (Emisphere Technologies Inc)
Construction. The language used in this Agreement will shall be deemed to be the language chosen by the parties Parties hereto to express their collective mutual intent, and no rule of strict construction will shall be applied against any partyParty.
Appears in 2 contracts
Sources: Share Purchase Agreement (Archipelago Learning, Inc.), Registration Rights Agreement (Archipelago Learning, Inc.)
Construction. The language used in this Agreement will be deemed ------------ to be the language chosen by the parties to express their mutual intent, intent and no rule of strict construction will be applied against any either party.
Appears in 2 contracts
Sources: Stock Purchase Agreement (Ameritruck Distribution Corp), Stock Purchase Agreement (Ameritruck Distribution Corp)
Construction. 17.1 The language Language used in this Agreement will shall be deemed to be the language chosen by the both parties hereto to express their mutual intent, and no rule of strict construction will be applied against either party shall apply to any partyterm, provision, or condition of this Agreement.
Appears in 2 contracts
Sources: Technology License Agreement, Technology License Agreement
Construction. The language used in this Agreement will be deemed to be the language chosen by the parties Parties to express their mutual intent, and no rule of strict construction will be applied against any partyPerson.
Appears in 2 contracts
Sources: Asset Purchase Agreement (Complete Solaria, Inc.), Asset Purchase Agreement (Sunpower Corp)
Construction. The language used in this Agreement will shall be deemed to be the language chosen by the parties Parties to express their mutual intent, and no rule of strict construction will shall be applied against any party.Person. The word “
Appears in 2 contracts
Sources: Asset Purchase Agreement (Bio Key International Inc), Asset Purchase Agreement (Bio Key International Inc)
Construction. The language used in this Agreement will shall be deemed to be the language chosen by the parties hereto to express their mutual intent, and no rule of strict construction will shall be applied against any partyparty hereto.
Appears in 2 contracts
Sources: Stock Purchase Agreement, Exploration Agreement and Option to Lease (La Teko Resources LTD)
Construction. The Parties agree that the language used in this Agreement will shall be deemed to be the language chosen by the parties them to express their mutual intent, and no rule of strict construction will shall be applied against any partyeither Party.
Appears in 2 contracts
Sources: Securities Purchase Agreement (King Luther Capital Management Corp), Securities Purchase Agreement (King Luther Capital Management Corp)
Construction. The language used in this Agreement will be deemed to be the language chosen by the parties to express their mutual intent, and no rule rules of strict construction will be applied against any party.. * * * * *
Appears in 2 contracts
Sources: Registration Rights Agreement (Goldman Sachs Group Lp), Registration Rights Agreement (Biofield Corp \De\)
Construction. The language used in this Agreement will be deemed to be the language chosen by the parties to express their mutual intent, and no rule of strict construction will be applied against any party.applied
Appears in 2 contracts
Sources: Stockholders’ Agreement (At Home Group Inc.), Securityholders' Agreement (Cbre Holding Inc)
Construction. The language used in this Agreement will shall be deemed to be the language chosen by the parties to express their mutual intentintent and, and to the fullest extent permitted by law, the parties intend that no rule of strict construction will be applied against any party.
Appears in 2 contracts
Sources: Limited Liability Company Operating Agreement (EVO Transportation & Energy Services, Inc.), Limited Liability Company Agreement
Construction. The language used in this Agreement will be deemed to be the language chosen by the parties to express their mutual intent, and no rule of strict construction will be applied against any party.. Any references to any federal, state, local or foreign statute or law will also refer to all rules and regulations
Appears in 2 contracts
Sources: Asset Purchase Agreement (Value City Department Stores Inc /Oh), Asset Purchase Agreement (Filenes Basement Corp)
Construction. The language used in this Agreement will be deemed to be the language chosen by the parties Required Parties to express their mutual intent, and no rule of strict construction will be applied against any party.
Appears in 2 contracts
Sources: Stockholder Agreement (PennyMac Financial Services, Inc.), Stockholder Agreement (PennyMac Financial Services, Inc.)
Construction. The language used in this Agreement will be deemed to be is the language chosen by the parties to express their mutual intent, intent and no rule of strict construction will be applied against any party.
Appears in 2 contracts
Sources: Stockholders Agreement, Stockholders Agreement (Neuronetics, Inc.)
Construction. The language used in of this Agreement will be deemed to be the language mutually chosen by the parties to express their mutual intent, Parties and no rule of strict construction will be applied against any partyParty.
Appears in 2 contracts
Sources: Manufacturing Services Agreement (Acorda Therapeutics Inc), Manufacturing Services Agreement (Acorda Therapeutics Inc)
Construction. The language used in this Agreement will be deemed to be the language chosen by the parties to express their mutual intent, and no rule of strict construction will be applied against any party. The parties intend that each representation, warranty, and covenant contained in this Agreement will have independent significance.
Appears in 2 contracts
Sources: Asset Purchase Agreement (Healthy Fast Food Inc), Asset Purchase Agreement (Healthy Fast Food Inc)
Construction. The language used in this Agreement will be deemed to be the language chosen by the parties to express their mutual intent, and no rule of strict construction will be applied against any party. The parties intend that each representation, warranty and covenant contained herein will have independent significance.
Appears in 2 contracts
Sources: Stock Repurchase Agreement (American Equity Investment Life Holding Co), Stock Repurchase Agreement (West Bancorporation Inc)
Construction. The language used in this Agreement will be deemed to be the language chosen by the parties to express their mutual intent, and no rule of strict construction will be applied against any party.. Any references to any federal, state, local or foreign statute or law will also
Appears in 2 contracts
Sources: Asset Purchase Agreement (G & G Retail Inc), Equity Purchase Agreement (Renaissancere Holdings LTD)
Construction. The language used in this Agreement and the Notes will be deemed to be the language chosen by the parties to express their mutual intent, intent and no rule rules of strict construction will be applied against any party.
Appears in 2 contracts
Sources: Note Purchase Agreement (TherapeuticsMD, Inc.), Note Purchase Agreement (TherapeuticsMD, Inc.)
Construction. The language used in this Agreement will be deemed to be the language and understanding chosen and agreed upon by the parties to express their mutual intent, and no rule rules of strict construction will be applied against any partyeither party unless such construction and statement are plain and apparent. In the event a conflict arises between the terms and conditions of this Agreement and the prior executions by the Parties, this Agreement shall prevail.
Appears in 1 contract
Construction. The language used in this Agreement will shall be deemed to be the language chosen by the parties hereto to express their mutual intent, intent and no rule of strict construction will be applied against either party shall apply to any partyterm or condition of this Agreement.
Appears in 1 contract
Construction. The language used in this Agreement will be deemed to be the language chosen by the parties joint action of the Parties to express their mutual intent, and no rule of strict construction will shall be applied against any partyParty.
Appears in 1 contract
Construction. The language used Th▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇ in this Agreement will be deemed to be the language chosen by the parties to express their mutual intent, and no rule of strict construction will be applied against any party.. Unless the context otherwise requires: (a) "
Appears in 1 contract
Construction. The language used in this Agreement will be deemed to be the language chosen by the parties to express their mutual intent, and no rule rules of strict construction will be applied against any party. This Agreement shall be deemed to be jointly drafted by the Company and each of the Buyers and shall not be construed against any Person as the drafter hereof.
Appears in 1 contract
Construction. The language used in this Agreement will be deemed to ------------ be the language chosen by the parties to express their mutual intent, and no rule of strict construction will be applied against any either party.
Appears in 1 contract
Construction. The language used in this Agreement will shall be deemed to be the language chosen by the parties to express their mutual intent, and no rule rules of strict construction will shall be applied against any either party.
Appears in 1 contract
Construction. The language used in this Agreement will be deemed to be the language chosen by the all parties to express their mutual intent, and no rule of or strict construction will be applied against to any party.
Appears in 1 contract
Sources: Shareholder Agreement (Nova Natural Resources Corp)
Construction. The language used in of this Agreement will shall be deemed to be the language mutually chosen by the parties to express their mutual intent, Parties and no rule of strict construction will shall be applied against any partyeither Party.
Appears in 1 contract
Construction. The language used in this Agreement will be deemed to be the language chosen by the parties hereto to express their mutual intent, and no rule of strict construction will be applied against any partyPerson. The Parties have participated jointly in the negotiation and drafting of this Agreement and, in the event any ambiguity or question of intent or interpretation arises, this Agreement shall be construed as jointly drafted by the Parties and no presumption or burden of proof shall be used to favor or disfavor any Party by virtue of the authorship of any provision of this Agreement.
Appears in 1 contract
Sources: Agreement and Plan of Merger (Brooks Automation Inc)
Construction. The language used in this Agreement will shall be deemed to be the language chosen by the parties Parties to express their mutual intent, intent and no rule of strict construction will shall be applied against any partyeither Party.
Appears in 1 contract
Construction. The language used in this Agreement will shall be deemed ------------ to be the language chosen by the parties Parties to express their mutual intent, and no rule of strict construction will shall be applied against any partyParty.
Appears in 1 contract
Sources: Employment Agreement (Be Free Inc)
Construction. The language used in this Agreement will be deemed to be the language chosen by the parties Parties to express their mutual intent, intent and no rule of strict construction will be applied against any partyParty.
Appears in 1 contract
Sources: Asset Purchase Agreement (XFormity Technologies, Inc.)
Construction. The language used in of this Agreement will shall be deemed to be the language mutually chosen by the parties to express their mutual intent, Parties and no rule of strict construction will shall be applied against any partyeither Party hereto. Each Party represents that it has been represented by legal counsel in connection with this Agreement and acknowledges that it has participated in the drafting hereof. In interpreting and applying the terms and provisions of this Agreement, the Parties agree that no presumption will apply against the Party which drafted such terms and provision.
Appears in 1 contract
Sources: Research and Development Collaboration and License Agreement (Compass Therapeutics, Inc.)
Construction. The language used in this Agreement will be deemed to be the language chosen by the parties hereto to express their mutual intent, and no rule of strict construction will be applied used against any partyparty hereto.
Appears in 1 contract
Sources: Common Stockholders Agreement (Cleveland Biolabs Inc)
Construction. The language used in this Agreement will be deemed to be the language has been chosen by the parties to express their mutual intent, and no rule of strict construction will shall be applied against any party.
Appears in 1 contract