AND CONDITIONS
HAD NEVER BEEN CONTAINED HEREIN.
16.12
STRICT PERFORMANCE.
THE FAILURE OF SELLER OR BUYER TO INSIST UPON
STRICT PERFORMANCE OF THE TERMS, COVENANTS, AGREEMENTS AND CONDITIONS HEREIN
CONTAINED, OR ANY OF THEM SHALL NOT CONSTITUTE OR BE CONSTRUED AS A WAIVER OR
RELINQUISHMENT OF THE SELLER'S OR BUYER'S RIGHTS TO THEREAFTER ENFORCE SUCH
TERM, COVENANTS OR CONDITION, BUT THE SAME SHALL CONTINUE IN FULL FORCE AND
EFFECT.
16.13
AGREEMENT PREPARATION.
THE PARTIES ACKNOWLEDGE THAT EACH PARTY, AND
ITS COUNSEL, HAVE REVIEWED AND REVISED THIS AGREEMENT, AND THE PARTIES AGREE
THAT THE RULE OF INTERPRETATION OF CONTRACTS, AS SET FORTH IN LOUISIANA CIVIL
CODE ARTICLE 2056, TO THE EFFECT THAT ANY DOUBT CONCERNING A PROVISION IN A
CONTRACT IS TO BE RESOLVED AGAINST THE DRAFTING PARTY OR PARTY WHO FURNISHED ITS
TEXT, SHALL NOT BE EMPLOYED IN THE INTERPRETATION OF THIS AGREEMENT OR ANY
AMENDMENTS OR EXHIBITS.
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IN WITNESS WHEREOF, THIS AGREEMENT HAS BEEN EXECUTED BY BUYER AND SELLER AS OF
THE EFFECTIVE DATE.
SELLER:
BEAN DREDGING L.L.C.
By:
/s/ James W. Bean, Jr.
Name:
James W. Bean, Jr.
Title:
President
BUYER:
GREAT LAKES DREDGE & DOCK
COMPANY, LLC
By:
Douglas B. Mackie
Name:
Douglas B. Mackie
Title:
President and Chief Executive Officer
39