Common use of Negotiated Terms Clause in Contracts

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.

Appears in 89 contracts

Samples: Solar Power Purchase Agreement, Information Technology Services Agreement, Solar Power Purchase Agreement

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Negotiated Terms. The Parties parties agree that the terms and conditions of this Agreement are the result of negotiations between the Parties parties and that this Agreement shall not be construed in favor of or against any Party party by reason of the extent to which any Party party or its professional advisors participated in the preparation of this Agreement.

Appears in 19 contracts

Samples: Master Services Agreement, Development and License Agreement, Master Services Agreement

Negotiated Terms. The Parties agree that the terms and conditions provisions of this Agreement are the result of negotiations between the Parties and that parties. Accordingly, this Agreement shall not be construed in favor of or against any Party party by reason of the extent to which the party or any Party of his or its professional advisors participated in the preparation of this Agreementits preparation.

Appears in 19 contracts

Samples: Support Agreement (New York REIT, Inc.), Voting and Support Agreement (Medytox Solutions, Inc.), Voting and Support Agreement (Medytox Solutions, Inc.)

Negotiated Terms. The Parties agree that the terms and conditions of this the Agreement are the result of negotiations between the Parties and that this the Agreement shall not be construed in favor of or against any either Party by reason of the extent to which any such Party or its professional advisors participated in the preparation of this the Agreement.

Appears in 11 contracts

Samples: License Agreement, License Agreement, Legally Binding Agreement

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 will 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.

Appears in 6 contracts

Samples: Master Services Agreement (Dana Corp), Hourly Employee Assignment Agreement (Visteon Corp), Employee Transition Agreement (Visteon Corp)

Negotiated Terms. The Parties agree that the terms and conditions of this the Agreement are the result of negotiations between the Parties and that this the 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 the Agreement.

Appears in 3 contracts

Samples: Master Agreement, Master Agreement (Visa Inc.), Master Agreement (Visa Inc.)

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 professionals participated in the preparation of this Agreementits preparation.

Appears in 3 contracts

Samples: Stock Purchase Agreement (Tempus Applied Solutions Holdings, Inc.), Stock Purchase Agreement (Tempus Applied Solutions Holdings, Inc.), Stock Purchase Agreement (Tempus Applied Solutions Holdings, Inc.)

Negotiated Terms. The Parties agree that the terms and conditions of this the Agreement are the result of negotiations between the Parties and that this the Agreement shall not be construed in favor favour of or against any either Party by reason of the extent to which any such Party or its professional advisors participated in the preparation of this the Agreement. 20.7. 经协商的条款。双方同意协议的条款和条件是双方之间协商的结果,并且协议不得因一方或其专业顾问参与了该协议的准备而对此等一方作出有利或不利的解释。 20.8.

Appears in 3 contracts

Samples: Telvent End User License Agreement Telvent 最终用户许可协议, License Agreement Telvent 最终用户许可协议, Aveva End User License Agreement Aveva 最终用户许可协议

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 either Party by reason of the extent to which any Party or its professional advisors participated in the preparation of this the Agreement.

Appears in 2 contracts

Samples: Supply Agreement (Hawaiian Electric Co Inc), Attachment H – Sample Agreement

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.Agreement.‌

Appears in 2 contracts

Samples: Solar Power Purchase Agreement, Power Purchase Agreement

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 will 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. This Agreement may be executed in counterparts, each of which will be deemed an original, but all of which taken together will constitute one and the same instrument.

Appears in 2 contracts

Samples: Employee Transition Agreement (Visteon Corp), Employee Transition Agreement (Visteon Corp)

Negotiated Terms. The Parties parties agree that the terms and conditions of this Agreement are the result of negotiations between the Parties parties and that this Agreement shall not be construed in favor of or against any Party party by reason of the extent to which any Party party or its professional advisors participated in the preparation of this Agreement.

Appears in 2 contracts

Samples: Service Agreement (Intersections Inc), Service Agreement (Intersections Inc)

Negotiated Terms. The Parties agree that the terms and conditions of this Agreement are the result of negotiations between the Parties and that Parties; however, 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 and negotiations of this Agreement.

Appears in 2 contracts

Samples: Service Agreement (Exult Inc), Service Agreement (Exult Inc)

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 either Party by reason of the extent to which any such Party or its professional advisors participated in the preparation of this Agreement.

Appears in 2 contracts

Samples: Notice, Notice

Negotiated Terms. The Parties agree that the terms and conditions of this the Agreement are the result of negotiations between the Parties and that this the Agreement shall not be construed in favor favour of or against any either Party by reason of the extent to which any such Party or its professional advisors participated in the preparation of this the Agreement.

Appears in 1 contract

Samples: Aveva General Terms and Conditions

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. Therefore, if an ambiguity or question or intent or interpretation arises as to any aspect of this Agreement, then it will be construed as if drafted jointly by the Parties and no presumption or burden of proof will arise favoring or disfavoring any Party by virtue of the authorship of any provision of this Agreement.

Appears in 1 contract

Samples: Power Purchase Agreement (Hawaiian Electric Co Inc)

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.

Appears in 1 contract

Samples: Termination Agreement (Unisource Worldwide Inc)

Negotiated Terms. The Parties agree that the terms and conditions of this the Agreement are the result of negotiations between the Parties and that this the Agreement shall not be construed in favor f avor of or against any either Party by reason of the extent to which any such Party or its professional advisors participated in the preparation of this the Agreement.

Appears in 1 contract

Samples: Legally Binding Agreement

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 will not be construed in favor favour of or against any Party by reason of the extent to which any Party or its professional advisors advisers participated in the preparation of this Agreement.

Appears in 1 contract

Samples: Variation Agreement (Molson Coors Brewing Co)

Negotiated Terms. The Parties agree that the terms and conditions of this Program Agreement are the result of negotiations between the Parties and that this Program 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 Program Agreement.

Appears in 1 contract

Samples: Program Agreement (Us Home Systems Inc)

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 either Party by reason of the extent to which any Party or its professional advisors participated in the preparation of this Agreement.

Appears in 1 contract

Samples: Master Service Provider Agreement (Covansys Corp)

Negotiated Terms. The Parties parties agree that the terms and conditions of this Agreement are the result of negotiations between the Parties parties and that this Agreement shall may not be construed in favor of or against any Party party by reason of the extent to which any Party party or its professional advisors participated in the drafting or other preparation of this Agreement.

Appears in 1 contract

Samples: Agreement for Services (Valuevision International Inc)

Negotiated Terms. The Parties agree that the terms and conditions provisions of this Agreement are the result of negotiations between the Parties and that this Agreement shall will 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 or based on a Party’s undertaking of an obligation under this Agreement.

Appears in 1 contract

Samples: Master Equipment, Software License, and Services Agreement

Negotiated Terms. The Parties agree that the terms and conditions provisions of this Agreement are the result of negotiations between the Parties and that parties. Accordingly, this Agreement shall not be construed in favor of or against any Party party by reason of the extent to which the party or any Party or of its professional advisors participated in the preparation of this Agreementits preparation.

Appears in 1 contract

Samples: Voting Agreement (Bristol West Holdings Inc)

Negotiated Terms. The Parties agree that the terms and conditions of this the Agreement are the result of negotiations between the Parties and that this the 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 the Agreement.. ****

Appears in 1 contract

Samples: Master Agreement (Mastercard Inc)

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Negotiated Terms. The Parties parties agree that the terms and conditions of this Agreement are the result of negotiations between the Parties parties and that this Agreement shall will not be construed in favor of or against any Party party by reason of the extent to which any Party party or its professional advisors professionals participated in the preparation of this Agreement.

Appears in 1 contract

Samples: Donation and Purchase and Sale Agreement and Escrow Instructions

Negotiated Terms. The Parties agree that the terms language, terms, conditions, and conditions provisions of this Agreement are the result of negotiations between the Parties and that this Agreement shall will 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 or based on a Party’s undertaking of an obligation under this Agreement.

Appears in 1 contract

Samples: Ge Digital Alliance Program Master Agreement

Negotiated Terms. 23.1 The Parties agree that the terms and conditions of this the Agreement are the result of negotiations between the Parties and that this Agreement shall not be construed in favor favour of or against any Party by reason of the extent to which any Party or its professional advisors participated in the preparation of this the Agreement. Each Party hereto acknowledges that it has had the opportunity to seek and obtain legal counsel in connection with the preparation, execution and delivery of the Agreement, and any election by a Party not to seek and obtain legal counsel shall be at its sole risk.

Appears in 1 contract

Samples: www.credit-suisse.com

Negotiated Terms. The Parties agree that the terms and conditions of this the Agreement are the result of negotiations between the Parties and that this the Agreement shall not be construed in favor favour of or against any either Party by reason of the extent to which any such Party or its professional advisors participated in the preparation of this the Agreement. 20.7. 經協商的條款。雙方同意協議的條款和條件是雙方之間協商的結果,並且協定不得因一方或其專業顧問參與了該協議的準備而對此等一方作出有利或不利的解釋。 20.8.

Appears in 1 contract

Samples: Aveva End User License Agreement Aveva 使用者授權合約

Negotiated Terms. The Parties parties agree that the terms and conditions of this Agreement are the result of negotiations between the Parties parties and that this Agreement shall not be construed in favor of or against any Party party by reason of the extent to which any Party party or its professional advisors professionals participated in the preparation of this Agreement.

Appears in 1 contract

Samples: main.sonomamarintrain.org

Negotiated Terms. The Parties agree that the terms and conditions of this the Agreement are the result of negotiations between the Parties and that this the Agreement shall will not be construed in favor of or against any either Party by reason of the extent to which any a Party or its professional advisors participated in the preparation of this the Agreement.

Appears in 1 contract

Samples: Standard Terms and Conditions for Roof Monitor Owner Agreement

Negotiated Terms. 98. The Parties agree that the terms language, terms, conditions, and conditions provisions of this Agreement are the result of negotiations between the Parties and that this Agreement shall will 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 or based on a Party’s undertaking of an obligation under this Agreement.. Survival

Appears in 1 contract

Samples: Master Services Agreement

Negotiated Terms. 81. The Parties agree that the terms language, terms, conditions, and conditions provisions of this Agreement are the result of negotiations between the Parties and that this Agreement shall will 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 or based on a Party’s undertaking of an obligation under this Agreement.. Survival

Appears in 1 contract

Samples: Master Services Agreement

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.Agreement.‌‌

Appears in 1 contract

Samples: Energy Storage Power Purchase Agreement

Negotiated Terms. The Parties agree that the terms and conditions of acknowledge this entire Agreement are is the result of negotiations between the Parties and that this Agreement shall will not be construed in favor of or against any Party by reason because of the extent degree to which any a Party or its professional advisors participated in the preparation of this Agreementnegotiations.

Appears in 1 contract

Samples: Master Services Agreement

Negotiated Terms. The Parties agree acknowledge that the terms and conditions of this Agreement are the result of negotiations between the Parties and that this Agreement shall will 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.

Appears in 1 contract

Samples: Support and Services Agreement

Negotiated Terms. The Parties agree that the terms and conditions provisions of this Agreement are the result of negotiations between the Parties and that parties. Accordingly, this Agreement shall not be construed in favor of or against any Party party by reason of the extent to which the party or any Party or of its professional advisors participated in the preparation of this Agreementits preparation. [THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK.]

Appears in 1 contract

Samples: Voting Agreement (Crane James R)

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.. SECTION 21.15

Appears in 1 contract

Samples: Outsourcing Agreement

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 either Party by reason of the extent to which any either Party or its professional advisors participated in the preparation of this Agreement.

Appears in 1 contract

Samples: Master Purchase Agreement

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 will 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.in

Appears in 1 contract

Samples: Employee Transition Agreement (Visteon Corp)

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