Presumption. This Agreement or any section thereof shall not be construed against any party due to the fact that said Agreement or any section thereof was drafted by said party.
Presumption. In all cases hereunder, and in any suit, action or proceeding of any kind between the parties, it shall be presumptive evidence of the fact of the existence of a charge being due, if Landlord shall produce a bxxx, notice or certificate to the effect that such charge appears of record on the books in Landlord’s office or appears as an open charge on the books, records or official bills of municipal authorities, and has not been paid.
Presumption. In the event of any dispute, arbitration or litigation concerning whether an invention, improvement or discovery made or conceived by the Employee is the property of the Company, such invention, improvement or discovery will be presumed the property of the Company and the Employee will bear the burden of establishing otherwise.
Presumption. It shall be presumed that Indemnitee is entitled to indemnification under this Agreement if Indemnitee has submitted a request for indemnification in accordance with Section 2.3(a), and Indemnitor shall, to the fullest extent not prohibited by law, have the burden of proof to overcome that presumption in connection with the making by any person, persons or entity of any determination contrary to that presumption.
Presumption. For purposes of this Agreement, the termination of any Action by judgment, order, settlement (whether with or without court approval) or conviction, or upon a plea of nolo contendere, or its equivalent, shall not create a presumption that the Director has not met any particular standard of conduct required for payment under this Agreement.
Presumption. Subject to the provisions of Section 13, the Corporation shall make or cause to be made a payment described in this Agreement upon receiving written notice from the Employee describing such payment, referring to the provision of this Agreement under which such payment is claimed and certifying that all conditions for such payment, as set forth in this Agreement, have been satisfied. The information so furnished to the Corporation by the Employee shall be presumed to be correct, subject to rebuttal by the Corporation after payment. After making the payment claimed by the Employee, the Corporation may seek a refund of such payment in accordance with Subsection (h) below. This Subsection (c) shall not be used to cause a payment to be made at a time earlier than provided in this Agreement.
Presumption. Where Loans and their Related Security sold to the Guarantor by the Seller are secured by Shared Security which may from time to time also secure other loans, indebtedness or liabilities including Seller Retained Loans not sold to the Guarantor, such Loans shall be deemed to be Guarantor Purchased Loans and subject to the terms of this Agreement.
Presumption. In order to facilitate future reviews of the books and records of Stanford, there shall be an irrefutable presumption that this Article VI has been fully complied with by Stanford: (a) absent a filing by Stockholder with the SEC (for instance, on a Schedule 13D) within 180 days following the end of any fiscal year of a document stating its belief that it was not issued the securities that it was entitled to during such fiscal year, with respect to all issuances during such year, and (b) absent the institution of litigation against Stanford by Stockholder prior thereto, 180 days following the last date on which there has been any Class B Shares outstanding, with respect to all issuances.
Presumption. In any action brought pursuant to subsection 2, there is a rebuttable presumption that the landlord knowingly failed to pay for the utility service. If the landlord rebuts this presumption, the landlord is liable to the tenant only for actual damages suffered by the tenant. [PL 2009, c. 566, §11 (NEW).] SECTION HISTORY PL 1989, c. 87, §1 (NEW). PL 2009, c. 566, §11 (RPR).