Conflicts in the Contract Documents Clause Samples

The "Conflicts in the Contract Documents" clause defines how discrepancies or inconsistencies between different parts of the contract documents are to be resolved. Typically, this clause establishes a hierarchy or order of precedence among documents such as the main agreement, specifications, drawings, and addenda, so that if two provisions conflict, the one higher in the hierarchy prevails. For example, if the specifications contradict the drawings, the specifications may take precedence. This clause ensures clarity and reduces disputes by providing a clear method for resolving conflicts, thereby minimizing delays and misunderstandings during project execution.
Conflicts in the Contract Documents. The Contract documents are intended to be complementary and interpreted in harmony so as to avoid conflict. In the event of conflict in the Contract documents, the parties agree that the document providing the highest quality and level of service to the County shall supersede any inconsistent term in these documents.
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Conflicts in the Contract Documents. The Contract documents are intended to be complementary and interpreted in harmony so as to avoid conflict. In the event of conflict in the Contract documents, the parties agree that the document providing the highest quality and level of service to SolTrans shall supersede any inconsistent term in these documents.
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Conflicts in the Contract Documents. 1.5.1. In the event of conflict in the Contract Documents, the following order of precedence shall prevail: 1.5.1.1. Judicial Council-approved modifications, beginning with the most recent (if any); 1.5.1.2. The Agreement; 1.5.1.3. The Special Conditions (if any); 1.5.1.4. Any Supplemental Conditions (if any);
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Conflicts in the Contract Documents. 2.4.1 The Contract Documents are intended to be complementary and interpreted in harmony so as to avoid conflict. However, if DBE observes any conflict in the Contract Documents, DBE shall promptly notify District and Program Manager in writing. In the event of conflict in the Contract Documents, the precedence shall be as follows: 2.4.1.1 Addenda shall govern over other sections of the Contract Documents to the extent specifically noted; subsequent Addenda shall govern over prior Addenda only to the extent specified. 2.4.1.2 The Agreement shall govern over other Contract Documents except for specific modifications stated in amendments to the Agreement and Addenda. 2.4.1.3 In case of conflict between the Criteria Document drawings, Technical Specification Sections 2-49, and the Division 0 and 1 Specifications, the DBE shall obtain written clarification from the District as to the governing document. 2.4.1.4 In the case of conflict within the Criteria Document drawings, the following shall govern: 2.4.1.4.1 Schedules, when identified as such, shall govern over all other portions of the drawings. 2.4.1.4.2 Specific notes shall govern over all other notes and all other portions of the drawings, except schedules described in the preceding sub clause. 2.4.1.4.3 Larger scale drawings shall govern over smaller scale drawings. 2.4.1.4.4 Figured or numerical dimensions shall govern over dimensions obtained by scaling. 2.4.1.4.5 In the case of other conflict within the drawings, the DBE shall obtain written clarification from the District as to the governing document. 2.4.2 The District and DBE acknowledge that the Contract Documents may differ in some respects from other documents upon which DBE based its proposal. The District and DBE agree that the Contract Documents shall supersede any prior or inconsistent versions.
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Conflicts in the Contract Documents. 2.4.1 The Contract Documents are intended to be complementary and interpreted in harmony so as to avoid conflict. In the event of conflict in the Contract Documents, the precedence shall be as follows: 2.4.1.1. Addenda shall govern over other sections of the Contract Documents to the extent specifically noted; subsequent Addenda shall govern over prior Addenda only to the extent specified. 2.4.1.2. The Agreement shall govern over other Contract Documents except for specific modifications stated in amendments to the Agreement and Addenda. 2.4.1.3. In case of conflict between the Criteria Document drawings, Technical Specification Sections 2-48 and the Division 0 and 1 Specifications, the Design/Builder shall obtain written clarification from the District as to the governing document. Such request for clarification shall be submitted on the Request for Clarification (RFC) form provided by the Construction Project Manager. 2.4.1.4. In the case of conflict within the Criteria Document drawings, the following shall govern: 2.4.1.4.1 Schedules, when identified as such, shall govern over all other portions of the drawings.
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Conflicts in the Contract Documents. In the event of conflict in the Contract Documents, the following priorities shall govern: Addenda shall govern over other Sections of the Contract Documents to the extent specifically noted; subsequent Addenda shall govern over prior Addenda only to the extent specified. The General Conditions of the Contract for Construction shall govern over the Agreement Form and all Drawings and Specifications except for specific modifications stated in the Supplementary Conditions, and except for Addenda. In case of conflict between the Drawings and the Specifications, the Specifications shall govern. In the case of conflict within the Drawings, the following shall govern: Schedules, when identified as such, shall govern over all other portions of the Drawings. Specific notes shall govern over all other notes and all other portions of the Drawings, except schedules described in the preceding Clause. Larger scale Drawings shall govern over smaller scale Drawings. Detail Drawings shall govern over standard plates bound within the Project Manual. Figured or numerical dimensions shall govern over dimensions obtained by scaling. Omissions: If the Contract Documents are not complete as to any Minor Detail or required construction system or with regard to the manner of combining or installing of parts, materials, or equipment, but there exists accepted trade standard for good and workmanlike construction, such detail shall be deemed to have been implied by the requirements of the Contract Documents in accordance with such standard.
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Conflicts in the Contract Documents. The Contract documents are intended to be complementary and interpreted in harmony so as to avoid conflict. In the event of conflict in the Contract documents, the Parties agree that the document providing the highest quality and level of service shall supersede any inconsistent version of these documents.
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Conflicts in the Contract Documents. 1.5.1 In the event of conflict in the Contract Documents, the following priorities shall govern: .1 Addenda shall govern over other Sections of the Contract Documents to the extent specifically noted; subsequent Addenda shall govern over prior Addenda only to the extent specified. .2 The General Conditions of the Contract for Construction shall govern over the Agreement Form and all Drawings and Specifications except for specific modifications stated in the Supplementary Conditions, and except for Addenda. .3 In case of conflict between the Drawings and the Specifications, the Specifications shall govern. .4 In the case of conflict within the Drawings, the following shall govern: .5 Schedules, when identified as such, shall govern over all other portions of the Drawings. .6 Specific notes shall govern over all other notes and all other portions of the Drawings, except schedules described in the preceding Clause. .7 Larger scale Drawings shall govern over smaller scale Drawings. .8 Detail Drawings shall govern over standard plates bound within the Project Manual. .9 Figured or numerical dimensions shall govern over dimensions obtained by scaling.
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Conflicts in the Contract Documents. 1.5.1 In the event of conflict in the Contract Documents, the following priorities shall govern: .1 Addenda shall govern over other Sections of the Contract Documents to the extent specifically noted; subsequent Addenda shall govern over prior Addenda only to the extent specified. .2 The General Conditions of the Contract for Construction shall govern over the Agreement Form and all Drawings and Specifications except for specific modifications stated in the Supplementary Conditions, and except for Addenda. .3 In case of conflict between the Drawings and the Specifications, the Specifications shall govern. .4 In the case of conflict within the Drawings, the following shall govern: .5 Schedules, when identified as such, shall govern over all other portions of the Drawings. .6 Specific notes shall govern over all other notes and all other portions of the Drawings, except schedules described in the preceding Clause. .7 Larger scale Drawings shall govern over smaller scale Drawings. .8 Detail Drawings shall govern over standard plates bound within the Project Manual. .9 Figured or numerical dimensions shall govern over dimensions obtained by scaling.
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Related to Conflicts in the Contract Documents

  • Conflicts with Laws This Agreement shall be deemed severable; the invalidity or unenforceability of any term or provision of this Agreement shall not affect the validity or enforceability of the balance of this Agreement or of any other term hereof, which shall remain in full force and effect. If any of the provisions hereof are determined to be invalid or unenforceable, the parties shall negotiate in good faith to modify this Agreement so as to effect the original intent of the parties as closely as possible. ICANN and the Working Group will mutually cooperate to develop an ICANN procedure for ICANN’s review and consideration of alleged conflicts between applicable laws and non-WHOIS related provisions of this Agreement. Until such procedure is developed and implemented by ICANN, ICANN will review and consider alleged conflicts between applicable laws and non-WHOIS related provisions of this Agreement in a manner similar to ICANN’s Procedure For Handling WHOIS Conflicts with Privacy Law. Court Orders. ICANN will respect any order from a court of competent jurisdiction, including any orders from any jurisdiction where the consent or non-objection of the government was a requirement for the delegation of the TLD. Notwithstanding any other provision of this Agreement, ICANN’s implementation of any such order will not be a breach of this Agreement Subject to Section 7.15(c), during the Term and for a period of three (3) years thereafter, each party shall, and shall cause its and its Affiliates’ officers, directors, employees and agents to, keep confidential and not publish or otherwise disclose to any third party, directly or indirectly, any information that is, and the disclosing party has marked as, or has otherwise designated in writing to the receiving party as, “confidential trade secret,” “confidential commercial information” or “confidential financial information” (collectively, “Confidential Information”), except to the extent such disclosure is permitted by the terms of this Agreement. The confidentiality obligations under Section 7.15(a) shall not apply to any Confidential Information that (i) is or hereafter becomes part of the public domain by public use, publication, general knowledge or the like through no fault of the receiving party in breach of this Agreement, (ii) can be demonstrated by documentation or other competent proof to have been in the receiving party’s possession prior to disclosure by the disclosing party without any obligation of confidentiality with respect to such information, (iii) is subsequently received by the receiving party from a third party who is not bound by any obligation of confidentiality with respect to such information, (iv) has been published by a third party or otherwise enters the public domain through no fault of the receiving party, or (v) can be demonstrated by documentation or other competent evidence to have been independently developed by or for the receiving party without reference to the disclosing party’s Confidential Information. Each party shall have the right to disclose Confidential Information to the extent that such disclosure is (i) made in response to a valid order of a court of competent jurisdiction or, if in the reasonable opinion of the receiving party’s legal counsel, such disclosure is otherwise required by applicable law; provided, however, that the receiving party shall first have given notice to the disclosing party and given the disclosing party a reasonable opportunity to quash such order or to obtain a protective order or confidential treatment order requiring that the Confidential Information that is the subject of such order or other applicable law be held in confidence by such court or other third party recipient, unless the receiving party is not permitted to provide such notice under such order or applicable law, or (ii) made by the receiving party or any of its Affiliates to its or their attorneys, auditors, advisors, consultants, contractors or other third parties for use by such person or entity as may be necessary or useful in connection with the performance of the activities under this Agreement, provided that such third party is bound by confidentiality obligations at least as stringent as those set forth herein, either by written agreement or through professional responsibility standards.

  • Conflict of Laws The provisions of this Agreement shall be subject to all applicable statutes, laws, rules and regulations, including, without limitation, the applicable provisions of the ICA and rules and regulations promulgated thereunder. To the extent that any provision contained herein conflicts with any such applicable provision of law or regulation, the latter shall control. The terms and provisions of this Agreement shall be interpreted and defined in a manner consistent with the provisions and definitions of the ICA. If any provision of this Agreement shall be held or made invalid by a court decision, statute, rule or otherwise, the remainder of this Agreement shall continue in full force and effect and shall not be affected by such invalidity.