Conflicts Provision Clause Samples
A Conflicts Provision establishes which document or provision will take precedence if there is an inconsistency or contradiction between different parts of an agreement or between related agreements. In practice, this clause specifies a hierarchy, such as stating that the main contract overrides any schedules or appendices, or that specific terms prevail over general ones. Its core function is to ensure clarity and avoid disputes by providing a clear method for resolving conflicting terms within contractual documents.
Conflicts Provision. If a conflict exists among provisions within the Agreement, specific terms will control over general provisions, and negotiated, added or attached terms, conditions or pricing will control over standardized, posted or non-negotiated terms, conditions and pricing, to the extent permitted by law.
Conflicts Provision. If there is a conflict between the documents referenced in this Agreement, the following documents will prevail in priority order, if applicable:
A. Tariffs;
B. Product Specific Annexes or Product Specific Terms and Conditions in Schedules;
C. Master Services Agreement;
D. General Terms and Conditions in Sprint Schedules;
E. Publicly available price lists; and
F. Orders.
Conflicts Provision. If a conflict exists among provisions within the Agreement, the following order of precedence will apply in descending order of control: SOW, the applicable Detailed Description(s), this Agreement and any PO.
Conflicts Provision. In the event language in this Agreement conflicts with the requirements in the Standard Specifications, the language in this Agreement controls.
Conflicts Provision. A) To the extent there are any conflicts and/or disputes regarding interpretation between the Improvement Agreement and Developer’s attachments to this Improvement Agreement, such conflicts shall be resolved and determined exclusively in favor of the City, without exception.
Conflicts Provision. If a conflict exists among provisions within this Agreement, the following order of precedence will apply in descending order of control: Tariff, this Agreement, the Tech Pub and CenturyLink records.
Conflicts Provision. In the event of a conflict between this Agreement and any Purchase Order, this Agreement shall take precedence and any terms and conditions contained in the parties’ Purchase Order, acknowledgements or other documentation relating to the manufacture, sale, purchase or repair of Products which are in addition to, in modification of, or otherwise inconsistent with, this Agreement shall be void and of no effect. Notwithstanding that a Purchase Order does not refer to this Agreement, any Purchase Order issued during the term of this Agreement for acquisition of the Products shall be deemed to have been issued pursuant to this Agreement unless the parties expressly agree to the contrary.
Conflicts Provision. If there is a conflict between or among the documents referenced in this Agreement, the order of precedence is:
A. This Wholesale Master Services Agreement; provided, however, that a provision in an Exhibit or product-specific attachment may override a provision in this Wholesale Master Services Agreement if such provision expressly states that it is intended to override this Wholesale Master Services Agreement;
B. Exhibits;
C. Standard product-specific attachments;
D. Tariffs and Sprint Schedules;
Conflicts Provision. If a conflict exists among provisions within this Agreement, the order of precedence will apply in the following descending order of control: (a) Tariff, if applicable, (b) Attachment C: Purchase Addendum, (c) Attachment A, Granite School District Standard Terms and Conditions, (d) Attachment B: CenturyLink Centrex Prime Rate Stability Service Agreement (Utah Intrastate), (e) attached Service Exhibits, (f) CenturyLink’s response to Solicitation #JG15-014-R, Dated February 18, 2015, and the CenturyLink Addendum dated February 20, 2015 and (g) Order Form. Neither party will be liable for any delay or failure to perform its obligations hereunder if such delay or failure is caused by a Force Majeure Event. Except for Service modifications initiated by CenturyLink or as set forth in a Service Exhibit, all amendments to this Agreement must be in writing and signed by the parties’ authorized representatives. However, any change in rates, charges, or regulations mandated by the legally constituted governmental authorities will act as a modification of any contract to that extent without further notice; however, CenturyLink will provide notice when there are any such applicable change in rates, charges, or regulations. Each party reserves the right at any time to reject any handwritten change to this Agreement. Customer represents that its full legal name is accurately stated, the person signing this Agreement is duly authorized to do so, and the execution of this Agreement is not in conflict with any laws, charters, bylaws, articles of association, or agreements to which Customer is bound or affected. Customer will not pay for the Services with funds obtained through the American Recovery and Reinvestment Act or other similar stimulus grants or loans that would obligate CenturyLink to provide certain information or perform certain functions unless each of those obligations are explicitly identified and agreed to by the parties in the Agreement or in an amendment to the Agreement.
Conflicts Provision. 11.5.1 If at any time the Company (1) wishes to enforce or exercise any right of the Company against any Shareholder under or (2) has any claim against or is the subject of a claim by any Shareholder in respect of or (3) proposes to take any action or withhold from taking any action with respect to any Shareholder in respect of:
(a) this Agreement;
(b) the Services Agreement;
(c) the Notes;
(d) the Debenture;
(e) any other agreement or deed to which that Shareholder is also a party; or
(f) any obligation owed to the Company by any Shareholder or owed to any Shareholder by the Company, (each, a "CLAIM") that matter shall be dealt with on behalf of the Company by a committee of the Directors appointed by the other Shareholder(s) not involved in the claim. The provisions of this Section do not prejudice to the right of any party to dispute any claim to which it relates.
11.5.2 The committee of Directors appointed under this Section has full authority to exercise all of the Company's rights on behalf of the Company with respect to any such Claim.
11.5.3 The Shareholder involved in any such Claim shall be entitled to attend and speak at any general meeting of the Company in relation to such claim but shall not vote at such meeting.
11.5.4 The Directors appointed by the Shareholder involved in any such Claim shall be entitled to attend and speak at any Board meeting or any Board committee meeting in relation to such Claim but shall not vote at such meeting.
11.5.5 No general meeting of the Company or Board meeting at which a resolution in relation to such a claim proposed shall be inquorate by virtue of the absence of the Shareholder involved in any such Claim or of the Director(s) appointed by it.