Construing the Agreement Sample Clauses

Construing the Agreement. This Agreement shall not be construed more strictly against one Party than another merely by virtue of the fact that it may have been initially drafted by counsel for only one of the Parties. It is recognized that this Agreement is the result of arm’s- length negotiations between the Parties and it is acknowledged that all Parties have contributed substantially to the preparation of this Agreement; accordingly, the doctrine of contra proferentum shall not apply in construing this Agreement, nor shall any other such similar doctrine apply.
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Construing the Agreement. Each of the parties to this Agreement acknowledges that such party has had the benefit of independent counsel with regard to this Agreement and that this Agreement has been prepared as a result of the joint efforts of all parties and their respective counsel. Accordingly, all parties agree that the provisions of this Agreement shall not be construed or interpreted for or against any party to this Agreement based upon authorship or any other factor but shall be construed and interpreted according to the ordinary meaning of the words used so as to fairly accomplish the purposes and intentions of all parties to this Agreement.
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Construing the Agreement. This Agreement shall not be construed more strictly against one Party than another merely by virtue of the fact that it may have been initially drafted by counsel for only one of the Parties. It is recognized that this Agreement is the result of arm’s-length negotiations between the Parties, and it is acknowledged that all Parties have contributed substantially to the preparation of this Agreement; accordingly, the doctrine of contra proferenturn shall not apply in construing this Agreement, nor shall any other such similar doctrine apply. Each Party acknowledges that it has been and is being fully advised by competent legal counsel of the Party’s own choice and fully understands the terms and conditions of this Agreement, and the meaning and import thereof, and that such Party’s execution of this Agreement is with the advice of such Party’s counsel and of such Party’s own free will. Each Party represents and warrants that it has sufficient information regarding the Litigation, the Settlement, and the other Parties to reach an informed decision and has, independently and without relying on other Parties, and based on such information as it has deemed appropriate, made its own decision to enter into this Agreement and was not fraudulently or otherwise wrongfully induced to enter into this Agreement.
Sample 1
Construing the Agreement. Because of the arm’s-length negotiations described above, all Parties hereto have contributed substantially and materially to the preparation of this Settlement Agreement, which, therefore, may not be construed against the drafter of it or any portion of it, and the doctrine of contra proferentum shall not apply in constructing this Agreement nor shall any other such similar doctrine apply. All personal pronouns used in this Settlement Agreement, whether used in the masculine, feminine or neutral gender, shall include all other genders, and the singular shall include the plural and vice-versa.
Sample 1
Construing the Agreement. This Settlement Agreement shall not be construed more strictly against one Party than another merely by virtue of the fact that it may have been initially drafted by counsel for only one of the Parties. It is recognized that this Settlement Agreement is the result of arm’s-length negotiations between the Parties and it is acknowledged that all Parties Case 1:14-cv-04107-ENV-RML Document 98-1 Filed 08/25/17 Page 21 of 46 PageID #: 2555 Case 1:14-cv-04107-ENV-RML Document 98-1 Filed 08/25/17 Page 22 of 46 PageID #: 2556 EXECUTION VERSION Dated: June , 2017 Xxxxxxx Xxxxxxx Individually and on behalf of the putative class Dated: June 26, 2017 Xxxxxxxx Xxxx Xxxx Swift & Garf PC Xxx Xxxxx Xxxxx Xxxxxx, Xxxxx 0000 Xxxxxxxxxxxx, XX 00000 Dated: June , 2017 Xxxx X. Xxxxxxxxx Xxxxxx & Xxxx, P.C. 00 Xxxxx Xxxxx Xxxxxx Xxxxxxx, XX 00000 Dated: June , 2017 Xxxxxxx Aks Individually and on behalf of the putative class Dated: June , 2017 Xxxxxxx X. Xxxxxxxxxx Mazie, Slater, Xxxx and Xxxxxxx, LLC 000 Xxxxxxxxxx Xxxxxxx, 0xx Xxxxx Xxxxxxxx, XX 00000 Dated: June , 2017 Xxxxxxx X. Xxxxxxxxx XxXxxx, Wright, Arevalo, LLP 000 Xxxxxxxxx Xxxxxx Xxxxxx, XX 00000 EXECUTION VERSION Dated: June , 2017 Xxxxxxx Xxxxxxx Individually and on behalf of the putative class Dated: June , 2017 Xxxxxxxx Xxxx Xxxx Swift & Garf PC Xxx Xxxxx Xxxxx Xxxxxx, Xxxxx 0000 Xxxxxxxxxxxx, XX 00000 Dated: June , 2017 Xxxx X. Xxxxxxxxx Xxxxxx & Xxxx, P.C. 00 Xxxxx Xxxxx Xxxxxx Xxxxxxx, XX 00000 Dated: June 27, 2017 Xxxxxxx Aks Individually and on behalf of the putative class Dated: June 28, 2017 Xxxxxxx X. Xxxxxxxxxx Mazie, Slater, Xxxx and Xxxxxxx, LLC 000 Xxxxxxxxxx Xxxxxxx, 0xx Xxxxx Xxxxxxxx, XX 00000 Dated: June , 2017 Xxxxxxx X. Xxxxxxxxx XxXxxx, Wright, Arevalo, LLP 000 Xxxxxxxxx Xxxxxx Xxxxxx, XX 00000 Case 1:14-cv-04107-ENV-RML Document 98-1 Filed 08/25/17 Page 27 of 46 PageID #: 2561 Case 1:14-cv-04107-ENV-RML Document 98-1 Filed 08/25/17 Page 28 of 46 PageID #: 2562 Case 1:14-cv-04107-ENV-RML Document 98-1 Filed 08/25/17 Page 29 of 46 PageID #: 2563
Sample 1
Construing the Agreement. This Agreement and the other Loan Documents have been entered into by parties who are experienced in sophisticated and complex matters similar to the transactions contemplated by this Agreement and they are being entered into by the parties in reliance upon the economic and legal bargains contained in this Agreement and the other Loan Documents and shall be interpreted and construed in a fair and impartial manner without regard to such factors as the party that prepared the instrument, the relative bargaining powers of the parties or the domicile of any party, but shall be construed and interpreted according to the ordinary meaning of the words used so as to fairly accomplish the purposes and intentions of all parties to this Agreement.
Sample 1

Related to Construing the Agreement

  • AMENDING THE AGREEMENT 4.1 The Agreement may only be amended by a written agreement duly executed by the Parties.

  • Terminating the Agreement With reasonable cause, either Client or Contractor may terminate this Agreement, effective immediately upon giving written notice. Reasonable cause includes: A material violation of this Agreement; Any act exposing the other party to liability to others for personal injury or property damage; or Either party terminating this Agreement at any time by giving days' written notice to the other party of the intent to terminate.

  • ENDING THE AGREEMENT a. If you are a consumer we will end this agreement straight away if we find out that your belongings have been taken away from you to pay off your debts, or a receiving order has been made against you. We will also end this agreement if you do not meet any of the conditions of this agreement. b. If you are a company, we will end this agreement straight away if:  You go into liquidation  You call a meeting of creditors;  We find out that your goods have been taken away from you until you pay off your debts;  You do not meet any of the conditions of this agreement

  • Interpretation of the Agreement The laws of the Commonwealth of Pennsylvania shall govern this Agreement.

  • Variation of the Agreement The Agreement may be amended at any time by agreement in writing between the Organisation and the Ministry.

  • Modification of the Agreement Notwithstanding any of the provisions of this Agreement, the parties may agree to amend this Agreement. No alteration or variation of the terms of this Agreement shall be valid unless made in writing and signed by the parties hereto. No oral understanding or agreement not incorporated herein shall be binding on any of the parties hereto.

  • Execution of the Agreement The Company, the party executing this Agreement on behalf of the Company, and the Consultant, have the requisite corporate power and authority to enter into and carry out the terms and conditions of this Agreement, as well as all transactions contemplated hereunder. All corporate proceedings have been taken and all corporate authorizations and approvals have been secured which are necessary to authorize the execution, delivery and performance by the Company and the Consultant of this Agreement. This Agreement has been duly and validly executed and delivered by the Company and the Consultant and constitutes a valid and binding obligation, enforceable in accordance with the respective terms herein. Upon delivery of this Agreement, this Agreement, and the other agreements and exhibits referred to herein, will constitute the valid and binding obligations of Company, and will be enforceable in accordance with their respective terms. Delivery may take place via facsimile transmission.

  • Construction of the Agreement The Agreement sets forth the entire understanding between two sophisticated business entities with legal counsel as to its subject and supersedes all prior agreements, conditions, warranties, representations, arrangements and communications, including purchase orders issued by Client, whether oral or written, and whether with or by Accenture, any of its affiliates, or any of their employees, officers, directors, agents or shareholders. Each party acknowledges that it entered into the Agreement solely based on the agreements and representations contained herein, and has not relied upon any representations, warranties, promises, or inducements of any kind, whether oral or written, and from any source. If a court of competent jurisdiction finds any term of the Agreement to be invalid, illegal or otherwise unenforceable, such term or provision will not affect the other terms of this Agreement and will be deemed modified to the extent necessary, in the court’s opinion, to render such term enforceable while preserving to the fullest extent permissible the intent and agreements of the parties set forth in this Agreement. No waiver or modification of any provision of the Agreement will be effective unless it is in writing and signed by the party against which it is sought to be enforced. The delay or failure by either party to exercise or enforce any of its rights under this Agreement is not a waiver of that party’s right to later enforce those rights, nor will any single or partial exercise of any such right preclude any other or further exercise of these rights or any other right. There are no third-party beneficiaries to the Agreement. In the event of a conflict between these GTC and an Order Form, the Order Form controls for purposes of that Order Form only.

  • Duration of the Agreement This Agreement shall come into effect on the day and year stated in Box 4 and shall continue until the date stated in Box 17. Thereafter it shall continue until terminated by either party giving to the other notice in writing, in which event the Agreement shall terminate upon the expiration of a period of two months from the date upon which such notice was given.

  • Accepting the Agreement When you use any of the Online Banking Services described in this Agreement or authorize others to use them, you agree to the terms and conditions of the entire Agreement.

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