RVBD » Topics » 10.18 Construction.

This excerpt taken from the RVBD 8-K filed Feb 20, 2009.

10.18 Construction.

(a) Gender; Etc. For purposes of this Agreement, whenever the context requires: the singular number shall include the plural, and vice versa; the masculine gender shall include the feminine and neuter genders; the feminine gender shall include the masculine and neuter genders; and the neuter gender shall include the masculine and feminine genders.

(b) Ambiguities. The parties hereto agree that any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not be applied in the construction or interpretation of this Agreement.

(c) Including. As used in this Agreement, the words “include” and “including,” and variations thereof, shall not be deemed to be terms of limitation, but rather shall be deemed to be followed by the words “without limitation.”

(d) References. Except as otherwise indicated, all references in this Agreement to “Sections,” “Schedules” and “Exhibits” are intended to refer to Sections of this Agreement and Schedules and Exhibits to this Agreement.

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57.


The parties hereto have caused this Agreement to be executed and delivered as of the date first written above.

 

RIVERBED TECHNOLOGY, INC.,
a Delaware corporation
By:   /s/ Jerry M. Kennelly
Jerry M. Kennelly
Chief Executive Officer
MAPLE ACQUISITION SUB, INC.,
a Delaware corporation
By:   /s/ Jerry M. Kennelly
Jerry M. Kennelly
Chief Executive Officer
MAZU NETWORKS, INC.,
a Delaware corporation
By:   /s/ Paul Brady
Paul Brady
Chief Executive Officer
STOCKHOLDERS’ AGENT:
/s/ Donald A. Sullivan
Donald A. Sullivan


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