Negotiated Terms. The Parties agree that the terms and conditions of this Agreement are the result of negotiations between the Parties and that this Agreement shall not be construed in favor of or against any Party by reason of the extent to which any Party or its professional advisors participated in the preparation of this Agreement.
Negotiated Terms. The provisions of this Agreement are the result of negotiations between the parties, and this Agreement is being signed after each party has had the opportunity to consult with legal counsel. Each party has read and carefully considered the terms of this Agreement, and agrees that the terms of this Agreement are fair and reasonable. This Agreement will not be construed in favor of or against any party by reason of the extent to which any party participated in the preparation of this Agreement.
Negotiated Terms. 34.01 This Lease is the result of the negotiations of the parties and has been agreed to by both Landlord and Tenant after prolonged discussion.
Negotiated Terms. Each Party acknowledges that the provisions of this Agreement were negotiated to reflect an informed, voluntary allocation between the Parties of all risks (both known and unknown) associated with the transactions contemplated by this Agreement.
Negotiated Terms. 39 11.17 Principles Of Construction.............................................. 39 11.18 Confidentiality......................................................... 39 11.19 Taxes................................................................... 39 11.20 Treatment in Accordance with Future Transactions........................ 40 NARROWBAND INTERNET SERVICE SALES AGENCY AGREEMENT -------------------------------------------------- This Narrowband Internet Sales Agency Agreement (the "Agreement"), which is an amendment and restatement of the Strategic and Marketing Agreement (as defined below) is made to be effective as of the first day of January, 2001 (the "Effective Date") by and among SBC Communications Inc., a Delaware corporation ("SBC"), and SBC Internet Communications, Inc., a Delaware corporation and an indirect wholly-owned subsidiary of SBC ("SBC Sub"), on the one hand, and Prodigy Communications Corporation, a Delaware corporation ("Prodigy"), and Prodigy Communications Limited Partnership, a Delaware limited partnership ("Operating Partnership"), on the other hand. Capitalized terms used but not defined herein shall have the meaning assigned to them in the Investment Agreement (as defined below).
Negotiated Terms. All terms of this Agreement were negotiated between the parties at arm’s length. The parties agree that in the event a dispute arises in connection with this Agreement, the terms contained in this Agreement shall be given their plain meaning, and that no term shall be construed in favor of one party over the other by virtue of one party having drafted a term in this Agreement.
Negotiated Terms. The parties acknowledge that this agreement was entered into with terms individually negotiated between the parties and that the parties had the opportunity to offer amendment proposals to the drafts. Customer acknowledges that Microsoft has expressly raised its attention to the terms and conditions set out in the sections entitled “Warranties,” “Defense of infringement, misappropriation, and third party claims,” “Customer’s agreement to protect” and “Limitation of liability” of this agreement and Customer expressly acknowledges the acceptance of those terms.
Negotiated Terms. Each party has had the opportunity to be advised by legal counsel and other professionals in connection with this Agreement, and each party has obtained such advice as each party deems appropriate. The parties agree that the terms and conditions of this Agreement are the result of negotiations between the parties and that this Agreement shall not be construed in favor of or against any party by reason of the extent to which any party or its professionals participated in the preparation of this Agreement.
Negotiated Terms. The Parties agree that the terms and conditions of the Exhibit are the result of negotiations between the Parties and that the Exhibit shall not be construed in favor of or against any Party by reason of the extent to which any Party or its professional advisors participated in the preparation of the Exhibit.
Negotiated Terms. The Parties agree that the terms and conditions of this Lease are the result of negotiations between the Parties and that this Lease shall not be construed in favor of or against any Party by reason of the extent to which any Party or its professional advisors participated in the preparation of this Lease.
