Drafting History Clause Samples

Drafting History. This Agreement shall be construed and interpreted without regard to any presumption against the party causing this Agreement to be drafted. The parties acknowledge that this Agreement was negotiated and drafted with each party being represented by competent counsel of its choice and with each party having an equal opportunity to participate in the drafting of the provisions hereof and shall therefore be construed as if drafted jointly by the parties.

Drafting History. In resolving any dispute or controversy arising out of or relating to this Agreement or in connection with construing any term or provision in this Agreement, there shall be no presumption made or inference drawn because of the inclusion of a provision not contained in a prior draft or the deletion of a provision contained in a prior draft. The Parties acknowledge and agree that this Agreement was negotiated and drafted with each Party being represented by competent legal counsel of its choice and with each Party having an opportunity to participate in the drafting of the provisions hereof and shall therefore this Agreement shall be construed and interpreted as if drafted jointly by the Parties and not with any presumption against either of the Parties.

Drafting History. In resolving any dispute or construing any provision in this Agreement, there shall be no presumption made or inference drawn (i) because the attorneys for one of the parties drafted this Agreement, (ii) because of the drafting history of this Agreement, or (iii) because of the inclusion of a provision not contained in a prior draft or the deletion of a provision contained in a prior draft.

Drafting History. In resolving any dispute hereunder or construing any provision in the Agreement, there shall be no presumption made or inference drawn (a) because the attorneys for one of the parties drafted such provision of this Agreement, (b) because of the drafting history of this Agreement, or (c) because of the inclusion of a provision not contained in a prior draft or the deletion of a provision contained in a prior draft. The parties acknowledge and agree that this Agreement was negotiated and drafted with each party being represented by counsel of its choice and with each party having an equal opportunity to participate in the drafting of the provisions hereof and that this Agreement shall not be interpreted or construed with any presumption against either party hereto. 17.

Drafting History. In: resolving any dispute or controversy arising out. of or relating to this Amendment or in connection with construing any term or provision in this Amendment, there shall be no presumption made or inference drawn because of the inclusion of a provision not contained in a prior draft or the deletion of a provision contained in a prior draft. The parties acknowledge and agree that this Amendment was negotiated and drafted with each party being represented by competent legal counsel of its choice and with each party having an opportunity to participate in the drafting of the provisions hereof and shall therefore this Amendment shall be construed and interpreted as if drafted jointly by the parties and not with any presumption against either of the parties.

Drafting History. The Interim Constitution contained positive rights to restitution of land rights in IC ss 121 to 123, but did not provide for rights in respect of redistribution and tenure reform. Indeed, the property clause in IC s 28 did not refer to land or land reform at all. This left land reform measures, especially those falling outside the restitution sub-component of the programme, vulnerable to constitutional chal- lenge under IC s 28. The first draft of the Bill of Rights1 in the Final Constitution2 proposed two alternative solutions to this problem: a property clause that included land reform provisions; or no property clause at all.3 Some submissions thus argued that a separate land clause should be included to provide for all the sub-components of the land reform programmes, and not only for restitution.4 Other submissions recommended that the property clause provide for positive rights to land, including restitution,5 redistribution and tenure security.6 The intention behind these latter submissions was that the property clause should strike a balance between the protection of existing property rights and the pro- motion of socio-economic rights to land and tenure security.7 Ultimately, it was this view that prevailed. In addition to the positive provisions on land reform, an affirmative action or restitutionary justice clause was inserted in FC s 25(8). The intention behind this clause appears have been to place beyond doubt the notion that ‘land, water and related reform in order to redress the results of past racial discrimination’ con- stitute a protected constitutional purpose.8 1 Theme Committee 4 was responsible for drafting the fundamental rights provisions of the Final Constitution and Theme Committee 6 was responsible for drafting the provisions concerning the specialized structures of government.

Drafting History. 43 Section 9.10 Governing Law, etc.................................43 Section 9.11

Drafting History. This agreement was negotiated and drafted with each party represented by counsel of its choice and having equal opportunity to participate in the drafting hereof and shall therefore be construed as if drafted jointly by the parties. There shall be no presumption made or inference drawn because of the drafting history of this agreement, or because of the inclusion of a provision not contained in a prior draft or the deletion of a provision contained in a prior draft.