Negotiated Agreement. The Parties hereby acknowledge that the terms and language of this Agreement were the result of negotiations among the Parties and, as a result, there shall be no presumption that any ambiguities in this Agreement shall be resolved against any particular Party. Any controversy over construction of this Agreement shall be decided without regard to events of authorship or negotiation.
Appears in 22 contracts
Samples: License Agreement (Fluence Energy, Inc.), Membership Interest Purchase Agreement (Tabula Rasa HealthCare, Inc.), Stock Purchase Agreement (Tabula Rasa HealthCare, Inc.)
Negotiated Agreement. The Parties parties hereby acknowledge that the terms and language of this Agreement were the result of negotiations among the Parties parties and, as a result, there shall be no presumption that any ambiguities in this Agreement shall be resolved against any particular Partyparty. Any controversy over construction of this Agreement shall be decided without regard to events of authorship or negotiation.
Appears in 11 contracts
Samples: Asset Purchase Agreement, Asset Purchase Agreement (Internet Media Services, Inc.), Asset Purchase Agreement (Global Power Equipment Group Inc.)
Negotiated Agreement. The Parties parties hereto hereby acknowledge that the terms and language of this Agreement were the result of negotiations among the Parties parties hereto and, as a result, there shall be no presumption that any ambiguities in this Agreement shall be resolved against any particular Partyparty. Any controversy over construction of this Agreement shall be decided without regard to events of authorship or negotiation.
Appears in 6 contracts
Samples: Share Purchase Agreement (Aptalis Holdings Inc.), Share Purchase Agreement (Eurand N.V.), Share Purchase Agreement (Axcan Intermediate Holdings Inc.)
Negotiated Agreement. The Parties parties hereto hereby acknowledge that the terms and language of this Agreement were the result of negotiations among the Parties parties and, as a result, there shall be no presumption that any ambiguities in this Agreement shall be resolved against any particular Partyparty. Any controversy over construction of this Agreement shall be decided without regard to events of authorship or negotiation.
Appears in 3 contracts
Samples: Investor Rights Agreement (Auxilium Pharmaceuticals Inc), Rights Agreement (Auxilium Pharmaceuticals Inc), Rights Agreement (Auxilium Pharmaceuticals Inc)
Negotiated Agreement. The Parties Each Party hereby acknowledge acknowledges that the terms and language of this Agreement were the result of negotiations among the Parties and, as a result, there shall be no presumption that any ambiguities in this Agreement shall be resolved against any particular Party. Any controversy over Party and construction of this Agreement shall be decided without regard to events of authorship or negotiation.
Appears in 2 contracts
Samples: Agreement of Merger (Verticalnet Inc), Share Purchase Agreement (Verticalnet Inc)
Negotiated Agreement. The Parties each hereby acknowledge that the terms and language of this Agreement were the result of negotiations among the Parties and, as a result, there shall be no presumption that any ambiguities in this Agreement shall be resolved against any particular Party. Any controversy over construction of this Agreement shall be decided without regard to events of authorship or negotiation.
Appears in 2 contracts
Samples: Project Development Agreement (Dixie Group Inc), Asset Purchase Agreement (Verticalnet Inc)
Negotiated Agreement. The Parties hereby parties hereto acknowledge that the terms and language of this Agreement were the result of negotiations among the Parties parties and, as a result, there shall be no presumption that any ambiguities in this Agreement shall be resolved against any particular Party. Any controversy over party and construction of this Agreement shall be decided without regard to events of authorship or negotiation.
Appears in 2 contracts
Samples: Stock Purchase Agreement (Eastern Insurance Holdings, Inc.), Agreement and Plan of Merger (Eastern Insurance Holdings, Inc.)
Negotiated Agreement. The Parties parties hereto hereby acknowledge that the terms and language of this Agreement were the result of negotiations among the Parties between such parties and, as a result, there shall be no presumption that any ambiguities in this Agreement shall be resolved against any particular Partyparty. Any controversy over construction of this Agreement shall be decided without regard to events of authorship or negotiation.
Appears in 2 contracts
Samples: Asset Purchase Agreement (Realm Therapeutics PLC), Asset Purchase Agreement (Realm Therapeutics PLC)
Negotiated Agreement. The Parties hereby acknowledge that the terms and language of this Agreement were the result of negotiations among between the Parties and, as a result, there shall be no not presumption that any ambiguities in this Agreement shall be resolved against any particular Party. Any controversy over construction of this Agreement shall be decided without regard to events of authorship or negotiation.
Appears in 2 contracts
Samples: Agreement for Purchase and Sale, Agreement for Purchase and Sale of Assets
Negotiated Agreement. The Parties hereby acknowledge Each Party acknowledges and agrees that the terms and language of this Agreement were the result of negotiations among the Parties andParties, as and that each Party had the opportunity to seek advice from counsel of its choosing. As a result, there shall be no presumption that any ambiguities in this Agreement shall be resolved against any particular Party. Any controversy over construction of this Agreement shall be decided without regard to events of authorship or negotiation.
Appears in 2 contracts
Samples: Surgeryplus Services Agreement, Surgeryplus Services Agreement
Negotiated Agreement. The Parties parties hereby acknowledge that the terms and language of this Agreement were the result of negotiations among the Parties and, as a result, there shall be no presumption that any ambiguities in this Agreement shall be resolved against any particular Partyparty. Any controversy over construction of this Agreement shall be decided without regard to events of authorship or negotiation.
Appears in 2 contracts
Samples: Asset Purchase Agreement (Real Goods Solar, Inc.), Asset Purchase Agreement (Real Goods Solar, Inc.)
Negotiated Agreement. The Parties Each party hereby acknowledge acknowledges that the terms and language of this Agreement were the result of negotiations among the Parties parties and, as a result, there shall be no presumption that any ambiguities in this Agreement shall be resolved against any particular Party. Any controversy over party and construction of this Agreement shall be decided without regard to events of authorship or negotiation.
Appears in 1 contract
Samples: Agreement of Merger and Plan of Reorganization (Digirad Corp)
Negotiated Agreement. The Parties hereby acknowledge that the terms -------------------- and language of this Agreement were the result of negotiations among the Parties and, as a result, there shall be no presumption that any ambiguities in this Agreement shall be resolved against any particular Party. Any controversy over construction of this Agreement shall be decided without regard to events of authorship or negotiation.
Appears in 1 contract
Negotiated Agreement. The Parties hereby acknowledge that the terms and language of this Agreement were the result of negotiations among the Parties and, as a result, there shall be no presumption that any ambiguities in this Agreement shall be resolved against any particular Partyparty. Any controversy over construction of this Agreement shall be decided without regard to events of authorship or negotiation.
Appears in 1 contract
Negotiated Agreement. The Parties hereby acknowledge that the terms and language of this Agreement were the result of negotiations among the Parties and, as a result, there shall be no presumption that any ambiguities in this Agreement shall be resolved against any particular Party. Any controversy over construction of this Agreement shall be decided without regard to events of authorship or negotiation.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Real Goods Solar, Inc.)
Negotiated Agreement. The Parties parties hereby acknowledge that the terms and language of this Agreement were the result of negotiations among the Parties and, as a result, there shall be no presumption that any ambiguities in this Parties. This Agreement shall not be resolved construed against any particular Partyparty on the grounds that such party drafted this Agreement. Any controversy over construction of this Agreement shall be decided without regard to events of authorship or negotiation.
Appears in 1 contract
Samples: Global Services Agreement
Negotiated Agreement. The Parties hereby acknowledge that the terms and language of this Agreement were the result of negotiations among between the Parties and, as a result, there shall be no presumption that any ambiguities in this Agreement shall be resolved against any particular Party. Any controversy over construction of this Agreement shall be decided without regard to events of authorship or negotiation.
Appears in 1 contract
Samples: Purchase Agreement (American Financial Realty Trust)
