Participation of the Parties. The parties hereto acknowledge and agree that (i) this Agreement and all matters contemplated herein have been negotiated among all parties hereto and their respective legal counsel, if any, (ii) each party has had, or has been afforded the opportunity to have, this Agreement and the transactions contemplated hereby reviewed by independent counsel of its own choosing, (iii) all such parties have participated in the drafting and preparation of this Agreement from the commencement of negotiations at all times through the execution hereof, and (iv) any ambiguities contained in this Agreement shall not be construed against any party hereto.
Participation of the Parties. The parties hereto acknowledge that this Agreement and all matters contemplated herein, have been negotiated among all parties hereto and their respective legal counsel and that all such parties have participated in the drafting and preparation of this Agreement from the commencement of negotiations at all times through the execution hereof, and that any ambiguity contained herein shall not be construed against a party as the drafting party.
Participation of the Parties. The parties hereto have participated jointly in the negotiation and drafting of this Agreement and both parties have either consulted with counsel of their choosing or have had the opportunity to consult with counsel of their choosing and have waived such opportunity. If an ambiguity or question of intent or interpretation arises, this Agreement shall be construed as if drafted jointly and no presumption or burden of proof shall arise favoring or disfavoring any party hereto because of the authorship of any provision of this Agreement.
Participation of the Parties. With respect to each Prospect Area proposed under Section 3.1 or 3.2, the participation of the Parties therein shall be (unless all Parties agree otherwise) determined in accordance with the terms set forth in Article II above, provided that if fewer than all Parties participate in any Prospect Area, the participation of each of the Parties participating therein shall be in the percentage ownership interest in which such Parties agree to participate. If fewer than all of the Parties elect to participate and if the participating Parties are unable to agree upon the percentages in which they will participate (each Party electing to participate will be deemed to have agreed to participate with the percentage Ownership Interest set forth for such Party in the table contained in Section 1.3 above, but each Party will have no obligation to participate for a larger interest) within 30 days after the date of such Prospect Area proposal, the proposal for such Prospect Area will be deemed withdrawn. Once a Prospect Area has been designated and the Options covering acreage located within such Prospect Area have been exercised, title to the Leases and Farm-ins located within the Prospect Area shall be assigned (without warranty of title except as provided in Section 3.8 below) to the Parties participating therein in accordance with their participation percentages, insofar as such Leases and Farm-ins cover acreage located within the Prospect Area. Notwithstanding the above, in the event that a Party has elected not to participate in an Acquired Interest that is included within a Prospect Area, such Party shall not be entitled to receive an assignment in or otherwise participate in such Acquired Interest even though it is included within the Prospect Area in which such Party has elected to participate.
Participation of the Parties. Except as specifically provided otherwise herein, Xxxxxx and HMG shall participate in the transactions contemplated by this Agreement on the basis of 69.557% HMG and 30.443% Xxxxxx (said transactions and operations related thereto being referred to herein as the "Venture"). The Venture shall be known as HMG-Xxxxxx Associates or such other name as the Representatives (as hereinafter defined) shall mutually determine.
Participation of the Parties. 7.1 The issued capital in Gounkoto SA consisting of contributions in cash and/or in kind shall be determined by common consent between the State and RANDGOLD.
Participation of the Parties. To the extent permitted by law, the Complainant and Respondent will be afforded the same rights and opportunities throughout the investigation including the right to an investigation free of bias, conflict of interest, stereotypes and consideration of a person’s status as complainant or respondent or on a person’s membership in a protected class as listed in the University Antidiscrimination Policies. The parties will have the opportunity to respond to and identify and present witnesses, including expert witnesses; to provide information directly related to the allegations, including inculpatory and exculpatory evidence; to participate in any scheduled meeting, proceeding or hearing; and to refuse to participate in any meeting, proceeding or hearing. Failure to participate will not stop the Grievance Procedure.
