Conflicting Provisions and Order of Precedence Clause Samples

Conflicting Provisions and Order of Precedence. Except as provided below, the provisions of this Addendum shall take precedence over any conflicting provision in Licensor’s proposal, in the Agreement, in any pre-printed terms and conditions contained in the Associated Purchase Order issued by Licensee, or elsewhere in connection with the licensing of the Software. Any provisions which have been typed or written in the Associated Purchase Order (as issued by Licensee) shall take precedence over any conflicting provisions in any other document. The provisions of the Agreement (other than provisions in the Agreement which state that the Agreement contains the entire understanding between the parties or which state that additional provisions do not apply or provisions having similar meaning), as hereby amended, shall take precedence over conflicting pre- printed terms and conditions in the Associated Purchase Order. This Addendum may not be modified or amended except by a written amendment executed by an authorized representative of each party. Unless otherwise expressly set forth on the face of the Associated Purchase Order, no provision of the Agreement which purports to grant rights or immunities under Licensee’s patent rights or other intellectual property of Licensee shall apply.
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Conflicting Provisions and Order of Precedence. The provisions of this Agreement shall take precedence over any previous Agreements. Mutual Non-Disclosure Agreements, or conflicting provision in any pre-printed terms and conditions contained on the reverse of any Purchase Order issued by Licensee, on web sites or elsewhere in connection with the licensing of the Web Services. The provisions of the Agreement shall take precedence over any shrink-wrap, click-wrap, browse-wrap or similar license which is made applicable by acceptance on the internet or by incorporation in the Web Services, Licensor’s proposal, or other similar means.
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Conflicting Provisions and Order of Precedence. Except as provided below, the provisions of this Addendum shall take precedence over any conflicting provision in Licensor’s proposal, in the Agreement, in any pre-printed terms and conditions contained on the reverse of any Purchase Order issued by Licensee, or elsewhere in connection with the licensing of the Software. Any provisions which have been typed or written on the face page(s) of Licensee’s Purchase Order (as issued by Licensee) shall take precedence over any conflicting provisions in any other document. The provisions of the Agreement (other than provisions in the Agreement which state that the Agreement contains the entire understanding between the parties or which state that additional provisions do not apply or provisions having similar meaning) shall take precedence over conflicting pre-printed terms and conditions on the reverse of Licensee’s Purchase Order. This Addendum may not be modified or amended except by a written amendment executed by an authorized representative of each party.
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Related to Conflicting Provisions and Order of Precedence

  • Conflicting Provisions This Section shall supersede any provisions in Section 2.13 or 10.01 to the contrary.

  • 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 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.

  • 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.

  • Order of Precedence; Incorporation by Reference Any inconsistency or ambiguity in this Contract shall be resolved by giving precedence in the following order: (1) This Contract and attachments, (2) RFP document, (3) the CONSULTANT’s response to the RFP document, and (4) attachments prepared by the CONSULTANT. All of the foregoing are incorporated fully by reference.