Absence of Presumption. The parties hereto have participated jointly in the negotiation and drafting of this Agreement and, in the event an ambiguity or question of intent or interpretation arises, this Agreement shall be construed as if drafted jointly by such parties and no presumption or burden of proof shall arise favoring or disfavoring any party by virtue of the authorship of any of the provisions of this Agreement.
Appears in 7 contracts
Samples: Contribution Agreement, Limited Liability Company Agreement, Registration Rights Agreement (Barnes & Noble Inc)
Absence of Presumption. The parties hereto have participated jointly in the negotiation and drafting of this Agreement and, in the event an of ambiguity or question of intent or interpretation arises, this Agreement shall be construed as if drafted jointly by such parties and no presumption or burden of proof shall arise favoring or disfavoring any party by virtue of the authorship of any of the provisions of this Agreement.
Appears in 7 contracts
Samples: Agreement and Plan of Merger (Aemetis, Inc), Agreement and Plan of Merger (Verasun Energy Corp), Agreement and Plan of Merger (US BioEnergy CORP)
Absence of Presumption. The parties Parties hereto have participated jointly jointly, or had the opportunity to participate jointly, in the negotiation and drafting of this Agreement and, in the event an of ambiguity or if a question of intent or interpretation arises, this Agreement shall will be construed as if drafted jointly by such parties Parties and no presumption or burden of proof shall will arise favoring or disfavoring any party Party by virtue of the authorship of any of the provisions of this Agreement.
Appears in 6 contracts
Samples: Product Supply and Distribution Agreement, Product Supply and Distribution Agreement, Product Supply and Distribution Agreement
Absence of Presumption. The parties Parties hereto have participated jointly in the negotiation and drafting of this Agreement and, in the event an of ambiguity or question of intent or interpretation arises, this Agreement shall will be construed as if drafted jointly by such parties Parties and no presumption or burden of proof shall will arise favoring or disfavoring any party Party by virtue of the authorship of any of the provisions of this Agreement.
Appears in 4 contracts
Samples: License Agreement, License Agreement (Pazoo, Inc.), License Agreement (DreamWorks Animation SKG, Inc.)
Absence of Presumption. The parties hereto have participated jointly and were adequately represented by counsel in the arm’s-length negotiation and drafting of this Agreement and, in the event an ambiguity or question of intent or interpretation arises, this Agreement shall be construed as if drafted jointly by such parties and no presumption or burden of proof shall arise favoring or disfavoring any party by virtue of the authorship of any of the provisions of this Agreement.
Appears in 4 contracts
Samples: Voting Agreement (Palantir Technologies Inc.), Voting Trust Agreement (Palantir Technologies Inc.), Voting Agreement (Palantir Technologies Inc.)
Absence of Presumption. The parties hereto have participated jointly in the negotiation and drafting of this Agreement and, in the event an of ambiguity or question of intent or interpretation arises, this Agreement shall be construed as if drafted jointly jointed by such parties and no presumption or burden of proof shall arise favoring or disfavoring any party by virtue of the authorship of any of the provisions of this Agreement.
Appears in 4 contracts
Samples: Shareholders Agreement (DreamWorks Animation SKG, Inc.), Transaction and Contribution Agreement (DreamWorks Animation SKG, Inc.), Limited Liability Company Agreement (Realnetworks Inc)
Absence of Presumption. The parties hereto have participated jointly in the negotiation and drafting of this Agreement and, in the event an of ambiguity or in the event that any question of intent or interpretation arises, this Agreement shall be construed as if drafted jointly by such parties and no presumption or burden of proof shall arise favoring or disfavoring any party by virtue of the authorship of any of the provisions of this Agreement.
Appears in 3 contracts
Samples: Stockholder Agreement, Stockholder Agreement (Realnetworks Inc), Stockholder Agreement (Realnetworks Inc)
Absence of Presumption. The parties hereto have participated jointly in the negotiation and drafting of this Agreement and, in the event an of ambiguity or question of intent or interpretation arises, this Agreement shall be construed as if drafted jointly by such parties and no presumption or burden of proof shall arise favoring or disfavoring any party by virtue of the authorship of any of the provisions of this Agreement.
Appears in 2 contracts
Samples: Transaction, Contribution and Purchase Agreement (Realnetworks Inc), Transaction, Contribution and Purchase Agreement (Realnetworks Inc)
Absence of Presumption. The parties hereto Parties have participated jointly in the negotiation and drafting of this Agreement and, in Agreement. In the event that an ambiguity or a question of intent or interpretation arises, this Agreement shall be construed as if drafted jointly by such parties the Parties, and no presumption or burden of proof shall arise favoring or disfavoring any party Party by virtue of the authorship of any of the provisions provision of this Agreement.
Appears in 2 contracts
Samples: Membership Interest Purchase Agreement (Muscle Maker, Inc.), Membership Interest Exchange Agreement (Muscle Maker, Inc.)
Absence of Presumption. The parties hereto have participated jointly in the negotiation and drafting of this Agreement and, in the event an of ambiguity or question of intent or interpretation arises, this Agreement shall be construed as if drafted jointly by such parties parties, and no presumption or burden of proof shall arise favoring or disfavoring any party by virtue of the authorship of any of the provisions of this Agreement.
Appears in 1 contract
Samples: Transaction and Contribution Agreement (DreamWorks Animation SKG, Inc.)
Absence of Presumption. The parties hereto have participated jointly in the negotiation and drafting of this Agreement and, in the event an ambiguity or question of intent or interpretation arises, this Agreement shall be construed as if jointly drafted jointly by such the parties hereto and no presumption or burden of proof shall arise favoring or disfavoring any party by virtue of the authorship of any of the provisions provision of this Agreement.. CONFIDENTIAL TREATMENT REQUESTED BY ENDEAVOR GROUP HOLDINGS, INC. PURSUANT TO 17 C.F.R. SECTION 200.83
Appears in 1 contract
Samples: Transaction Agreement (Endeavor Group Holdings, Inc.)
Absence of Presumption. The parties hereto have Each Party has participated jointly in the negotiation and drafting of this Agreement and, in the event and if an ambiguity or question of intent or interpretation arisesshould arise, this Agreement shall be construed as if drafted jointly by such parties and no the Parties thereto. No presumption or burden of proof shall arise favoring or disfavoring any party burdening either Party by virtue of the authorship of any of the provisions of in this Agreement.. [Signature Pages Follows]
Appears in 1 contract
