Negotiated Contract. This Contract has been arrived at through negotiation between the parties. Neither party is to be deemed the party which prepared this Contract within the meaning of California Civil Code Section 1654. Each party hereby represents and warrants that in executing this Contract it does so with full knowledge of the rights and duties it may have with respect to the other. Each party also represents and warrants that it has received independent legal advice from its attorney with respect to the matters set forth in this Contract and the rights and duties arising out of this Contract, or that such party willingly foregoes any such consultation.
Negotiated Contract. This contract has been arrived at through negotiation between the parties. Neither party is to be deemed the party which prepared this contract within the meaning of California Civil Code Section 1654.
Negotiated Contract. The parties acknowledge that this is a negotiated Contract, that they have had the opportunity to have this Contract reviewed by their respective legal counsel, and that the terms and conditions of this Contract are not to be construed against any party on the basis of such party's draftsmanship thereof.
Negotiated Contract. The Products are subject solely to the terms in the Negotiated Contract identified on the face of this Agreement, and, for any option you have selected that is not addressed in the Negotiated Contract, the then-current standard Xerox terms for such option.
Negotiated Contract. In this type of contract, negotiation across the table takes place between representatives of the owner and the main contractor for project cost and other conditions of contract. In this type of contract, detailed projects specifications are arrived at by discussions between the owner and the main contractor and consultant. xxx.xxxxxx.xx A negotiated contract involves extended discussions for finalization as a competitive contract. Most of the consultancy projects of World Bank are negotiated contracts.
Negotiated Contract. Promptly after the full execution of this Lease, Landlord will promptly negotiate and will use its best efforts to enter into the Premises Contract with Premises Contractor consistent with this Workletter and in a form approved by Tenant on or before July 20, 2009, and thereafter will cause the Premises Contractor to construct the Tenant Improvements in accordance with the Working Drawings, as the same may be revised in accordance with this Workletter. Any deviations from the Working Drawings must be approved by the Architect. The form of Premises Contract shall be generally consistent with Landlord’s customary contract form and conditions, which form has been delivered to and reviewed by Tenant as of the date of the Lease. Any changes to the standard AIA Documents included in the Premises Contract, to the extent such changes adversely affect the timing of the Tenant Improvements and/or the cost thereof, are subject to Tenant’s reasonable review and approval before the same are included in the Premises Contract and executed by Landlord, which approval will not be unreasonably withheld, delayed or conditioned. Prior to granting its approval of the Premises Contract, Tenant shall have received from Landlord detailed and accurate statements of the basis for the charges associated with the General Conditions and General Requirements and pre-construction services under the Premises Contract, including without limitation a cost breakdown of the budget pricing for the Tenant Improvements on an “open book” basis. Landlord and Tenant shall use their best efforts to reach agreement with the Premises Contractor on the form of the Premises Contract by no later than July 10, 2009 (expressly excluding the bid amounts, which shall be approved as noted in this Section 7.1). Within five (5) Business Days following receipt of the copies of the 100% complete Working Drawings from Tenant or the Architect, Landlord shall obtain bids from the Premises Contractor for the total Costs of the TI Work shown on the Working Drawings, including any bids from Trade Subcontractors described in Section 7.2 below (collectively, the “Final Cost Estimate”). Upon receipt of the Final Cost Estimate from the Premises Contractor Landlord shall notify Tenant of the amount of the Final Cost Estimate. Tenant shall have three (3) days after receipt of notice from Landlord regarding the Final Cost Estimate in which to give written notice to Landlord of Tenant’s approval or disapproval thereof (which ...
Negotiated Contract. The negotiated contract shall be distributed to all members of the bargaining unit, production costs to be borne equally by the parties.
Negotiated Contract. This Contract has been negotiated by the parties and the fact that the initial and other drafts shall have been prepared by either party shall not give rise to any presumption for or against any part to this Contract or be used in any form in the construction or interpretation of this Contract or any of its provisions.
Negotiated Contract. The Buyer and the Seller recognize that this Agreement is has been the subject of discussion and negotiation, that all its terms and conditions are fully understood by the parties, and that the Specification and price of the Aircraft and the other mutual agreements of the parties set forth herein were arrived at in consideration of, inter alia, all provisions hereof specifically including all waivers, releases and renunciations by the Buyer set out herein.
Negotiated Contract. The parties acknowledge that this is a negotiated AMR Contract, that they have had the opportunity to have this AMR Contract reviewed by their respective legal counsel, and that the terms and conditions of this AMR Contract are not to be construed against any party on the basis of such party's draftsmanship thereof.
