EFFECT AND PRECEDENCE Clause Samples

The Effect and Precedence clause establishes the hierarchy and overriding power of the agreement or specific provisions within it compared to other related documents or prior agreements. In practice, this clause clarifies that if there is any conflict or inconsistency between the terms of this agreement and those of other referenced documents, the terms of this agreement will take priority. This ensures that all parties are clear about which terms govern their relationship, thereby preventing disputes over conflicting obligations or interpretations.
EFFECT AND PRECEDENCE. Except as provided in this Amendment, the Development and Supply Agreement shall remain in full force and effect. In the event of a conflict between the terms of this Amendment and the terms of the Development and Supply Agreement, the terms of this Amendment shall govern to the extent of such conflict. [***] Certain information in this document has been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions.
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EFFECT AND PRECEDENCE. 2.1. This Data Processing Addendum shall come into force and effect from the “DPA Effective Date”, being either: (a) where the terms of this Data Processing Addendum are incorporated into the Agreement by reference, the later of: (i) 16 May 2022; or (ii) the Effective Date of the Agreement (as defined therein); or (b) 16 May 2022, where either: (i) Bottomline’s Processing of Customer Personal Data is otherwise subject to a prior version of this Data Processing Addendum agreed between parties (including through any deemed acceptance mechanism provided for in such prior version); or (ii) subject to Section 2.2 below, none of the foregoing provisions in Section 2.1(a) or Section 2.1(b)(i) apply and Customer continues to access or use the Relevant Service(s) (or any portion thereof), without having first notified Bottomline (by email to ▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇▇▇.▇▇▇) of Customer’s rejection of this Data Processing Addendum within fourteen (14) days of this Data Processing Addendum being notified to Customer (notwithstanding any ‘No Variation’, ‘Entire Agreement’ or similar provisions in the Agreement). 2.2. The deemed acceptance through continued use provision of Section 2.1(b)(ii) shall not apply to any Customer with whom Bottomline has (prior to 16 May 2022) separately agreed data processing terms otherwise than on the basis of a version of this online Data Processing Addendum. 2.3. With effect from the DPA Effective Date, this Data Processing Addendum: (a) shall hereby be incorporated into, and shall form an effective part of, the Agreement; and (b) will replace and disapply any previously applicable data processing agreement, addendum or similar and any other terms previously applicable to privacy, data processing, data security and/or otherwise relating to Bottomline’s Processing of Customer Personal Data (including any previous version of this Data Processing Addendum). 2.4. In the event of any conflict or inconsistency between this Data Processing Addendum and the Agreement, this Data Processing Addendum shall prevail.
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EFFECT AND PRECEDENCE. 2.1. This Data Processing Addendum shall come into force and effect from the “DPA Effective Date”, being either: (a) if Customer entered into the Agreement on or after 3rd April, 2019, the Effective Date of the Agreement (as defined there in); or (b) if Customer entered into the Agreement before 3rd April, 2019, the date on which Customer accepts the terms of this Data Processing Addendum, either: (i) by notifying Bottomline of such acceptance of the terms of this Data Processing Addendum; or (ii) by continuing to use the Relevant Services (or any portion thereof) without having first notified Bottomline (by email to ▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇▇▇.▇▇▇ ) of Customer’s rejection of this Data Processing Addendum within fourteen (14) days of its being notified to Customer, in which case deemed acceptance will occur immediately following such fourteen (14) day period. 2.2. With effect from the DPA Effective Date, this Data Processing Addendum: (a) shall hereby be incorporated into, and shall form an effective part of, the Agreement; and (b) will replace any previously applicable data processing agreement, addendum or similar and any other terms previously applicable to privacy, data processing, data security and/or otherwise relating to Bottomline’s Processing of Customer Personal Data. 2.3. In the event of any conflict or inconsistency between this Data Processing Addendum and the Agreement, this Data Processing Addendum shall prevail.
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Related to EFFECT AND PRECEDENCE

  • Priority of Agreements and Precedence In the event of a conflict between and among the terms and conditions of this DPA, including all Exhibits attached hereto and incorporated herein and the Service Agreement, the terms and conditions of this DPA shall govern and prevail, shall survive the termination of the Service Agreement in the manner set forth herein, and shall supersede all prior communications, representations, or agreements, oral or written, by the Parties relating thereto.

  • 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.

  • 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.

  • UCC Matters Such Seller shall not change its state of organization or incorporation or its name, identity or corporate structure such that any financing statement filed to perfect the Purchaser’s interests under this Agreement would become seriously misleading, unless such Seller shall have given the Purchaser not less than thirty (30) days’ prior written notice of such change.

  • 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.