Jointly Drafted Agreement. This Employment Agreement is and shall be deemed jointly drafted and written by the parties and shall not be construed or interpreted against any party originating or preparing any part of it because of its authorship.
Jointly Drafted Agreement. This Amendment shall be construed as though each of Agent, the Lenders and the Obligated Parties participated equally in its drafting and, it shall be interpreted, wherever possible, to make it valid and effective. If any part of this Amendment is determined to be invalid, unenforceable or prohibited, only that part should be affected and the rest shall be enforced as written here.
Jointly Drafted Agreement. 58.1. The Agreement is concluded after the Parties agreed on and accepted all provisions and wording of the Agreement. Each of the Parties confirms that during the [negotiations] or [dialogue] regarding this Agreement it acted honestly.
Jointly Drafted Agreement. This Agreement shall be considered a jointly drafted agreement and shall not be construed against any Party as the drafter.
Jointly Drafted Agreement. The Agreement is concluded after the Parties agreed on and accepted all provisions and wording of the Agreement. Each of the Parties confirms that during the [negotiations] or [dialogue] regarding this Agreement it acted honestly. The Investor declares and confirms that despite the fact that the initial draft of the Agreement was drafted and presented by the Public partner during the Investor selection procedures, the Investor had appropriate means to familiarise with the draft of the Agreement and evaluate its terms and conditions, and together its duties, liability, and risks as well, before submitting a Tenderl, engage in [if applicable negotiations] [or if applicable dialogue] regarding more favourable conditions of the Agreement draft for the Investor and the Private partner, and prepare such Tender for the Investor selection procedures, including the financial proposal, which would properly evaluate and reflect the duties, liability, and risks of the Investor in the financial expression. The Investor and the Private partner together declare and confirm that the Private partner also had appropriate means to familiarise with the Agreement draft before signing it. Therefore, it is deemed that the Parties agreed to sign the agreement only when all the provisions of and annexes to the Agreement, and the wording thereof became acceptable to all the Parties. Therefore, the Agreement could not be considered as providing an advantage for any or both of the Parties; it cannot be interpreted in favour of any or both of the Parties or to the detriment of any or both of the Parties.
Jointly Drafted Agreement. The Parties agree that they participated jointly in negotiating and drafting this Agreement and that no rule of construction shall apply to this Agreement which construes any language, whether Exhibit A: CRS Proposals dated April 21, 2023 Exhibit B: Insurance Requirements All insurance shall be primary with respect to CRS and issued by an insurer with an A.M. Best rating of A-, Class VII or better. All insurance policies must be issued by insurance companies authorized to do business in the State of South Carolina. Such insurance shall waive any right of subrogation against CITY and the State of South Carolina. CRS’s failure to maintain any of the insurance required by this Agreement shall constitute a material breach of this Agreement. CRS shall provide CITY with certificates of insurance reflecting all coverages and endorsements required under this Agreement. All subcontractors (including staffing providers) shall conform to the insurance requirements set forth in this Agreement. CRS shall maintain occurrence based commercial general liability insurance with limits no less than $1,000,000 per occurrence, $2,000,000 in the aggregate. Such insurance shall name (i) “CITY OF MYRTLE BEACH, its officials, and employees” and (ii) “State of South Carolina, its officials and employees” as additional insureds. Such insurance shall cover claims for property damage, bodily injury, including death, products liability, and ongoing and completed operations liability. Such insurance shall state that coverage shall not be canceled except with notice to the additional insureds. CRS (or if no medical staff are provided directly through CRS, its subcontractor(s) who provide medical staff hereunder) shall maintain professional liability insurance with limits no less than $3,000,000 per occurrence $3,000,000 in the aggregate. Any policy that is claims-made shall have at least a three-year reporting period. CRS shall maintain business automobile liability insurance with limits no less than $1,000,000. Such insurance shall name (i) “CITY OF MYRTLE BEACH, its officials, and employees” and (ii) “State of South Carolina, its officials and employees” as additional insureds. Such insurance shall state that coverage shall not be canceled except with notice to the additional insureds. CRS shall maintain statutory limits of Worker’s Compensation insurance applicable in the State of South Carolina. Exhibit C – Invoicing Requirements All invoices for products and/or services must meet th...
Jointly Drafted Agreement. The parties acknowledge that each of them, and their attorneys, have had the opportunity to draft and comment upon this Agreement and have in fact done so, and that this Agreement is the joint product of negotiation among them. The parties agree that, in construing this Agreement, each term shall be given its ordinary meaning. The parties waive application of the doctrine of construction against the drafter and acknowledge that, for purposes of construction of this Agreement, they shall jointly be considered to be the drafters of the Agreement and of each term contained herein.
Jointly Drafted Agreement. It is specifically understood and agreed ------------------------- by and between the parties that the within Agreement and exhibits thereto are the result of extensive negotiations between the parties. It is understood and agreed that all parties shall be deemed to have drawn these documents to avoid any negative inference by any court as against the preparer of the documents. This Agreement and the exhibits thereto shall be binding upon each and all of the respective parties, their heirs, assigns, executors, administrators, successors-in-interest, partners, employees, agents, officers, shareholders and directors.
Jointly Drafted Agreement. This Agreement shall be deemed to have been jointly drafted, and no provision herein shall be interpreted or construed for or against any party because such party drafted or requested such provision or this Agreement as a whole.
Jointly Drafted Agreement. This Restated Agreement has been drafted jointly by ROCHESTER and CONVATEC and their counsel, and any ambiguities are not presumed to be interpreted in favor or against any of the parties.
