Conflicting Provisions/Order of Precedence Clause Samples

The Conflicting Provisions/Order of Precedence clause establishes which contractual document or section will govern if there are inconsistencies or contradictions between different parts of the agreement. Typically, this clause lists the hierarchy of documents, such as schedules, exhibits, or the main body of the contract, specifying which takes priority in the event of a conflict. By clearly defining the order of precedence, the clause ensures that disputes over interpretation are minimized and that the parties have a clear method for resolving ambiguities, thereby promoting certainty and reducing the risk of litigation.
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Conflicting Provisions/Order of Precedence. The Contract Documents are intended to be complementary and a requirement shown in one Contract Document is intended to be as binding as if included in all Contract Documents. In the event of any conflict or inconsistency between or among the Contract Documents, such conflict shall be resolved in accordance with the following order of precedence: (1) All written modifications and amendments to this Agreement; (2) This Agreement, exclusive of the Appendices; (3) Approved exceptions to RFP Documents as contained and identified in Design-Builder’s Proposal (as negotiated with Owner); (4) RFP Documents (5) Construction Documents prepared and approved in accordance with Section 3.3.6 of this Agreement; (6) Design-Builder’s Proposal (as negotiated with Owner); (7) Design-Builder’s Statement of Qualifications dated Month ▇▇, ▇▇▇▇; (8) All other Appendices to this Agreement. Either Party, upon becoming aware of any conflict or inconsistency between or among any of the Contract Documents, shall promptly notify the other Party in writing of such conflict or inconsistency, with the resolution of such conflict or inconsistency to be made by Owner and provided to Design-Builder in writing. If Design-Builder disagrees with Owner’s means of resolution of a conflict or inconsistency, it shall have the right to proceed in accordance with the provisions of Section 8.6.
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Conflicting Provisions/Order of Precedence. The Contract Documents are intended to be complementary and a requirement shown in one Contract Document is intended to be as binding as if included in all Contract Documents. In the event of any conflict or inconsistency between or among the Contract Documents, such conflict shall be resolved in accordance with the following order of precedence: (1) All written modifications and amendments to this Agreement; (2) This Agreement, exclusive of the Appendices; (3) Approved exceptions to RFP Documents as contained and identified in Design-Builder’s Proposal (as negotiated with Owner);
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Related to Conflicting Provisions/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; 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.

  • Other Definitional Provisions and Rules of Construction A. Any of the terms defined herein may, unless the context otherwise requires, be used in the singular or the plural, depending on the reference.