Common use of Mutual Understanding Clause in Contracts

Mutual Understanding. Guarantor represents and warrants to Lender that Guarantor has read and fully understands the terms and provisions hereof, has had an opportunity to review this Guaranty with legal counsel and has executed this Guaranty based on Guarantor’s own judgment and advice of counsel. If an ambiguity or question of intent or interpretation arises, this Guaranty will be construed as if drafted jointly by Guarantor and Lender and no presumption or burden of proof will arise favoring or disfavoring any party because of authorship of any provision of this Guaranty.

Appears in 2 contracts

Samples: Continuing Unconditional Guaranty (United Development Funding III, LP), Limited Guaranty (United Development Funding III, LP)

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Mutual Understanding. Guarantor represents and warrants to Lender that Guarantor has read and fully understands the terms and provisions hereof, has had an opportunity to review this Guaranty with legal counsel and has executed this Guaranty based on Guarantor’s own judgment and advice of counsel. If an ambiguity or question of intent or interpretation arises, this Guaranty will be construed as if drafted jointly by the Guarantor and Lender and no presumption or burden of proof will arise favoring or disfavoring any party because of authorship of any provision of this Guaranty.

Appears in 2 contracts

Samples: Continuing Unconditional Guaranty (United Development Funding III, LP), Continuing Unconditional Guaranty (United Development Funding III, LP)

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Mutual Understanding. Each Guarantor represents and warrants to Lender that such Guarantor has read and fully understands the terms and provisions hereof, has had an opportunity to review this Guaranty with legal counsel and has executed this Guaranty based on such Guarantor’s own judgment and advice of counsel. If an ambiguity or question of intent or interpretation arises, this Guaranty will be construed as if drafted jointly by Guarantor the Guarantors and Lender and no presumption or burden of proof will arise favoring or disfavoring any party because of authorship of any provision of this Guaranty.

Appears in 1 contract

Samples: Continuing Unconditional Guaranty (United Development Funding III, LP)

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