Agreement and Order of Precedence Clause Samples

The Agreement and Order of Precedence clause establishes the hierarchy of documents that make up the contract, specifying which document prevails in the event of conflicting terms. Typically, this clause lists the main agreement, schedules, exhibits, and any referenced documents in a ranked order, so that if there is a discrepancy between provisions, the higher-ranked document controls. This structure ensures clarity and prevents disputes by providing a clear method for resolving inconsistencies within the contract documentation.
Agreement and Order of Precedence. Nothing in this DPA reduces either Party’s obligations under the Agreement in relation to the collection, use, processing and protection of Personal Data. Any claims brought under this DPA shall be subject to the terms of the Agreement including, without limitation, choice of jurisdiction, governing law and any liability limitations or exclusions. In the event of inconsistencies between the provisions of this DPA and any other agreements between the Parties, including the Agreement and including (except where explicitly agreed otherwise in writing and signed on behalf of the Parties) agreements entered into or purported to be entered into after the date of this DPA, the provisions of this DPA shall prevail. In the event of any conflict or inconsistency between this DPA and the Standard Contractual Clauses, the Standard Contractual Clauses shall prevail.
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Agreement and Order of Precedence. The Agreement governs Customer’s and its Users’ use of the applicable Dynatrace Offerings. Each Order Form that incorporates this Subscription Agreement constitutes a separate Agreement and governs its own subject-matter and not any other Agreement. In the event of a conflict between an Order Form and this Subscription Agreement, this Subscription Agreement will take precedence, except as otherwise stated.
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Agreement and Order of Precedence. 2.1 The legal relationship between incadea and Customer shall be governed exclusively by this Agreement, including this GTC and all related Appendices, including all future transactions with Customer relating to the subject matter of this Agreement. Any terms to the contrary are hereby expressly excluded.
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Related to Agreement and Order of Precedence

  • Entire Agreement and Order of Precedence This Agreement is the entire agreement between You and Us regarding Your use of Services and Content and supersedes all prior and contemporaneous agreements, proposals or representations, written or oral, concerning its subject matter. No modification, amendment, or waiver of any provision of this Agreement will be effective unless in writing and signed by the party against whom the modification, amendment or waiver is to be asserted. The parties agree that any term or condition stated in Your purchase order or in any other of Your order documentation (excluding Order Forms) is void. In the event of any conflict or inconsistency among the following documents, the order of precedence shall be: (1) the applicable Order Form, (2) this Agreement, and (3) the Documentation.

  • Order of Precedence For purchase transactions under this Contract, the order of precedence shall be as follows: this Contract; Appendix A, Standard Terms and Conditions For Products and Related Services Contracts; Appendix B, Vendor’s Historically Underutilized Businesses Subcontracting Plan; Appendix C, Pricing Index; Exhibit 1, Vendor’s Response to RFO DIR-TSO-TMP-398, including all addenda; and ▇▇▇▇▇▇▇ ▇, ▇▇▇ ▇▇▇-▇▇▇-▇▇▇-▇▇▇, including all addenda; are incorporated by reference and constitute the entire agreement between DIR and Vendor governing purchase transactions. In the event of a conflict between the documents listed in this paragraph related to purchases, the controlling document shall be this Contract, then Appendix A, then Appendix B, then Appendix C, then Exhibit 1, and finally Exhibit 2. In the event and to the extent any provisions contained in multiple documents address the same or substantially the same subject matter but do not actually conflict, the more recent provisions shall be deemed to have superseded earlier provisions.

  • Entire Agreement; Order of Precedence The Agreement sets forth the entire agreement and understanding of the parties relating to its subject matter and supersedes all prior and contemporaneous oral and written agreements. Any conflict between these terms and any supplementary terms is subject to the following order of precedence: (1) an Order, (2) the Business Unit Terms, and (3) this End User Agreement. Nothing contained in any Customer Purchase Order or other document submitted by Customer shall in any way add to or otherwise modify the Agreement or any Company license program terms under which an Order is submitted. The Business Unit Terms, Service Descriptions, Maintenance terms, Security Exhibit, or DPA may be updated by Company from time to time without notice (but will be identified by the last updated date). Customer's continued access to and use of the Products constitutes acceptance of the then-current terms.