Controlling Provision Upon Conflict Sample Clauses

A Controlling Provision Upon Conflict clause establishes which contractual provision will take precedence if there is an inconsistency or conflict between different sections of the agreement or between the agreement and its attachments. In practice, this clause typically specifies that the main body of the contract will override any conflicting terms found in schedules, exhibits, or other incorporated documents. This ensures that the parties have a clear understanding of which terms govern in the event of ambiguity, thereby reducing the risk of disputes and promoting contractual certainty.
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Controlling Provision Upon Conflict. In the event of a conflict between the provisions of this Agreement and those of the Note, the Security Instruments or any other instrument referred to herein or executed in connection with the Note, the provisions of this Agreement shall control.
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Controlling Provision Upon Conflict. Except as may be expressly provided otherwise herein, in the event of a conflict between the provisions of this Agreement and those of any other Loan Document or any other instrument referred to herein or executed in connection with this Agreement, the provisions of this Agreement shall control.
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Controlling Provision Upon Conflict. In the event of a conflict between the provisions of this Agreement and those of any other Loan Document, the provisions of this Agreement shall control.
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Controlling Provision Upon Conflict. In the event of a conflict between the provisions of this Agreement and those of the Notes, the Facility LC Applications, the Security Instruments or any other instrument referred to herein or executed in connection with the Notes, the provisions of this Agreement shall control; provided if any of the Facility LC Applications or Security Instruments contain any representations, warranties, or covenants of the Borrower that are in addition to or are more restrictive on the Borrower than those set forth in this Agreement, such additional or more restrictive representations, warranties, and covenants shall control.
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Controlling Provision Upon Conflict. In the event of a conflict between the provisions of this Agreement and those of the Note, the Security Instruments or any other instrument referred to herein or executed in connection with the Note, the provisions of this Agreement shall control; provided if any of the Security Instruments contain any representations, warranties, or covenants of any Borrower that are in addition to or are more restrictive on any Borrower than those set forth in this Agreement, such additional or more restrictive representations, warranties, and covenants shall control.
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Controlling Provision Upon Conflict. In the event of a conflict between the provisions of this Agreement or any other instrument referred to herein or executed in connection with the issuance of the Common Stock, the provisions of this Agreement shall control.
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Controlling Provision Upon Conflict. Except as may be expressly provided otherwise in this Agreement, in the event of a conflict between the provisions of this Agreement and those of any other Loan Document, the provisions of this Agreement shall control, and in the event of a conflict between the provisions of the Limited Guaranty and this Agreement, the provisions of the Limited Guaranty shall control.
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Controlling Provision Upon Conflict. (a) In the event of a conflict between the provisions of this Agreement and those of any other Credit Agreement Document, the provisions of this Agreement shall control. (b) In the event of a conflict between the provisions of this Agreement and those of the Intercreditor Agreement, the provisions of the Intercreditor Agreement shall control.
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Controlling Provision Upon Conflict. This Mortgage is subject in all aspects to the Credit Agreement. In the event of any conflict between the provisions of this Mortgage and the Credit Agreement, except as otherwise provided herein the provisions of the Credit Agreement shall control. Notwithstanding the foregoing or anything to the contrary herein or in the Credit Agreement, under no circumstances shall Section 10.09 of the Credit Agreement (Governing Law; Jurisdiction) control over Section 6.7 of this Mortgage (Choice of Law), such that Wyoming law shall apply and govern this Mortgage in all respects. THIS DOCUMENT IS TO BE FILED IN THE REAL ESTATE RECORDS WHERE THE MORTGAGED PROPERTY IS LOCATED. EXECUTED on the date(s) of the acknowledgement(s) below, to be effective as of the date first set forth above. By: Name: Title: STATE OF ) ) SS: COUNTY OF ) The foregoing instrument was acknowledged before me this [•] day of [•], 2023, by [•], as [•] of PEAK POWDER RIVER RESOURCES, LLC, a Wyoming limited liability company, on behalf of said limited liability company. Witness my hand and official seal. (Signature of notarial officer) Title (and Rank) My commission expires: [•] PREAMBLE TO Exhibit A The following Exhibit A is attached to and made a part of that certain Mortgage, Assignment of Production, Security Agreement and Financing Statement dated effective as of January 31, 2023 (the “Mortgage”), by PEAK POWDER RIVER RESOURCES, LLC, as Mortgagor, in favor of FORTRESS CREDIT CORP. Exhibit A contains the descriptions of the Mortgaged Properties which are referred to in the Mortgage. Unless context otherwise requires, all terms used in Exhibit A shall have the respective meanings assigned to them in the Mortgage. Any well, unit, lease, area and property names and numbers set forth in Exhibit A are for reference purposes only and shall not be accorded any other significance. The legal description of the real estate upon which the drilling and spacing unit for each of the Mortgaged Properties is located has been abbreviated. It is the intent of ▇▇▇▇▇▇▇▇▇ to mortgage the entire interest of ▇▇▇▇▇▇▇▇▇ in each Mortgaged Property. The words “oil” and “gas” as used in Exhibit A are words of general description, and reference should be had to the instrument creating the particular interest in oil, gas and/or other minerals for a more particular description thereof. Following any heading entitled “Working Interest,” the interest referred to is the gross working interest of ▇▇▇▇▇▇▇▇▇ in the subject well or ...
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Related to Controlling Provision Upon Conflict

  • Controlling Provisions In the event of any inconsistencies between the provisions of this Amendment and the provisions of any other Loan Document, the provisions of this Amendment shall govern and prevail. Except as expressly modified by this Amendment, the Loan Documents shall not be modified and shall remain in full force and effect.

  • Actions Upon Termination In the event of termination not the fault of the Contractor, the Contractor shall be paid for the services properly performed prior to termination, together with any reimbursable expenses then due, but in no event shall such compensation exceed the maximum compensation to be paid under the Contract. The Contractor agrees that this payment shall fully and adequately compensate the Contractor and all subcontractors for all profits, costs, expenses, losses, liabilities, damages, taxes, and charges of any kind whatsoever (whether foreseen or unforeseen) attributable to the termination of this Contract. Upon termination for any reason, the Contractor shall provide Seattle with the most current design documents, contract documents, writings and other product it has completed to the date of termination, along with copies of all project-related correspondence and similar items. Seattle shall have the same rights to use these materials as if termination had not occurred.

  • Termination upon Material Breach Material failure by a Party to comply with any of its obligations contained herein shall entitle the Party not in default to give to the Party in default written notice (a “Default Notice”) specifying the nature of the default in reasonable detail, requiring such defaulting Party to make good or otherwise cure such default, and stating the non-defaulting Party’s intention to terminate this Amended and Restated Research Agreement if such default is not cured. If such default is not cured within sixty (60) days after the date the Default Notice was sent, then the Party not in default shall be entitled, without prejudice to any other rights conferred on it by this Amended and Restated Research Agreement, and in addition to any other remedies available to it by law or in equity, to terminate this Amended and Restated Research Agreement by written notice of termination to the defaulting Party; provided, however, that if the Party receiving such Default Notice (the “Disputing Party”) has a reasonable basis for disputing that it is in default and such Party provides written notice thereof to the other Party before the expiration of such sixty (60) day cure period, then the Disputing Party shall have the right, prior to the expiration of such sixty (60) day period, to submit such dispute for resolution in accordance with the provisions of Section 12.7; provided further that in the event that as a result of such resolution, the Disputing Party is found to be in default and such default is not cured within forty-five (45) days after the date of such resolution, then the Party not in default shall be entitled, without prejudice to any other rights conferred on it by this Amended and Restated Research Agreement, and in addition to any other remedies available to it by law or in equity, to terminate this Amended and Restated Research Agreement by written notice of termination to the Disputing Party.

  • Obligation after the termination of personal data processing services

  • Directions by Certificateholders and Duties of Trustee During Event of Default During the continuance of any Event of Default, Holders of Certificates evidencing in the aggregate not less than 25% of the aggregate Voting Interest represented by all Certificates may direct the time, method and place of conducting any proceeding for any remedy available to the Trustee, or exercising any trust or power conferred upon the Trustee, under this Agreement; provided, however, that the Trustee shall be under no obligation to pursue any such remedy, or to exercise any of the rights or powers vested in it by this agreement (including, without limitation, (i) the conducting or defending of any administrative action or litigation hereunder or in relation hereto and (ii) the terminating of the Master Servicer from its rights and duties as servicer hereunder) at the request, order or direction of any of the Certificateholders, unless such Certificateholders shall have offered to the Trustee reasonable security or indemnity against the cost, expenses and liabilities which may be incurred therein or thereby and, provided further, that, subject to the provisions of Section 8.01, the Trustee shall have the right to decline to follow any such direction if the Trustee, in accordance with an Opinion of Counsel, determines that the action or proceeding so directed may not lawfully be taken or if the Trustee in good faith determines that the action or proceeding so directed would involve it in personal liability or be unjustly prejudicial to the nonassenting Certificateholders.