Common use of Mutually Negotiated Clause in Contracts

Mutually Negotiated. Each party acknowledges that the limitations and exclusions contained in this Agreement have been the subject of active and complete negotiation between the parties and represent the parties’ agreement based upon the level of risk to D&B and Acxiom associated with their respective obligations under this Agreement and the payments to be made to Acxiom and credits to be issued to D&B pursuant to this Agreement. The terms and conditions of this Agreement (including any perceived ambiguity herein) shall not be construed in favor of, or against, either party by reason of the extent to which any party or its professional advisors participated in the preparation of the original or any further drafts of this Agreement; each party is a sophisticated business entity and has fully negotiated this Agreement with the full participation of counsel, and the Agreement represents their mutual efforts and their mutual intent.

Mutually Negotiated. Each party acknowledges that the limitations and exclusions contained in this Agreement have been the subject of active and complete negotiation between the parties and represent the parties’ agreement based upon the level of risk to D&B Capital One and Acxiom First Data associated with their respective obligations under this Agreement and the payments to be made to Acxiom First Data and credits to be issued to D&B Capital One pursuant to this Agreement. The terms and conditions of this Agreement (including any perceived ambiguity herein) shall not be construed in favor of, or against, either party by reason of the extent to which any party or its professional advisors participated in the preparation of the original or any further drafts of this Agreement; Agreement as each party is a sophisticated business entity and has fully negotiated this Agreement with the full participation of counsel, counsel and the Agreement it represents their mutual efforts and it represents their mutual intent.

Mutually Negotiated. Each party acknowledges that the limitations and exclusions contained in this Agreement have been the subject of active and complete negotiation between the parties and represent the parties’ agreement based upon the level of risk to D&B and Acxiom Ensono associated with their respective obligations under this Agreement and the payments to be made to Acxiom Ensono and credits to be issued to D&B pursuant to this Agreement. The terms and conditions of this Agreement (including any perceived ambiguity herein) shall not be construed in favor of, or against, either party by reason of the extent to which any party or its professional advisors participated in the preparation of the original or any further drafts of this Agreement; each party is a sophisticated business entity and has fully negotiated this Agreement with the full participation of counsel, and the this Agreement represents their mutual efforts and their mutual intent.

Mutually Negotiated. Each party Party acknowledges that the limitations and exclusions contained in this Agreement have been the subject of active and complete negotiation between the parties Parties and represent the partiesParties’ agreement based upon the level of risk to D&B RFS and Acxiom First Data associated with their respective obligations under this Agreement and the payments to be made to Acxiom First Data and credits to be issued to D&B RFS pursuant to this Agreement. The terms and conditions of this Agreement (including any perceived ambiguity herein) shall not be construed in favor of, or against, either party Party by reason of the extent to which any party Party or its professional advisors participated in the preparation of the original or any further drafts of this Agreement; Agreement as each party Party is a sophisticated business entity and has fully negotiated this Agreement with the full participation of counsel, counsel and the Agreement other advisors and it represents their mutual efforts and their mutual intent.

Mutually Negotiated. Each party Party acknowledges that the limitations and exclusions contained in this Agreement have been the subject of active and complete negotiation between the parties Parties and represent the parties’ Parties' agreement based upon the level of risk to D&B RFS and Acxiom Fiserv associated with their respective obligations under this Agreement and the payments to be made to Acxiom Fiserv and credits to be issued to D&B RFS pursuant to this Agreement. The terms and conditions of this Agreement (including any perceived ambiguity herein) shall not be construed in favor of, or against, either party Party by reason of the extent to which any party Party or its professional advisors participated in the preparation of the original or any further drafts of this Agreement; Agreement as each party Party is a sophisticated business entity and has fully negotiated this Agreement with the full participation of counsel, counsel and the Agreement other advisors and it represents their mutual efforts and their mutual intent.