Governing Terms and Conditions Sample Clauses

Governing Terms and Conditions. If there is an irreconcilable conflict between the terms and conditions set forth in this First Amended Agreement or any Contract Amendment and the terms and conditions set forth in any Exhibit, Appendix, Work Authorization or Supplemental Work Authorization to this First Amended Agreement, the terms and conditions set forth in this First Amended Agreement or any Contract Amendment shall control over the terms and conditions set forth in any Exhibit, Appendix, Work Authorization or Supplemental Work Authorization to this First Amended Agreement.

Governing Terms and Conditions. If there is an irreconcilable conflict between the terms and conditions set forth in this Agreement or any Supplemental Agreement and the terms and conditions set forth in any Exhibit, Appendix to this Agreement, the terms and conditions set forth in this Agreement or any Supplemental Agreement shall control over the terms and conditions set forth in any Exhibit, Appendix to this Agreement.

Governing Terms and Conditions. The terms and conditions set forth in this Order, along with any master, supply or other agreement, if any, previously entered into by the parties that purports to govern transactions between SSAB and Supplier with respect to the Goods and Services (“Master Agreement”), incorporated by reference herein, shall together constitute the sole and exclusive agreement between SSAB and Supplier and together shall supersede all other prior agreements or commitments, whether oral or written. Acceptance of this Order is expressly limited to acceptance of the terms and conditions set forth in this Order, excluding such terms and conditions which are inconsistent with the terms and conditions of a Master Agreement, if any. SSAB hereby gives notice that it objects to and rejects any terms or conditions contained in any document which has been or may in the future be supplied by Supplier to SSAB which are in addition to, different from, inconsistent with or attempt to vary any of the terms or conditions of this Order whether such terms or conditions are set forth in Supplier’s tender, proposal, order acknowledgement, invoice or otherwise. SSAB’s acceptance of the Goods and/or Services shall not be construed as an acceptance of any terms or conditions contained in any such document. If this Order is deemed to be an acceptance of a prior offer by Supplier, such acceptance is conditional on Supplier’s assent to all the terms and conditions set forth in this Order.

Governing Terms and Conditions. All material received in response to this bid shall become the property of the State and shall not be returned to the Vendor. Regardless of the Vendors selected, the State reserves the right to use any information presented in a bid response. The content of each Vendor’s bid shall become public information once a contract(s) has been awarded.

Governing Terms and Conditions. The terms and conditions set forth in this Contract shall constitute the sole and exclusive agreement between Owner and the Contractor and this Contract shall supersede all prior agreements or commitments, whether oral or written, with respect to the Services and/or Inputs, except express warranties of the Contractor. No representation, inducement, promise, understanding, condition or warranty not set forth herein has been made or relied upon by either party, except express warranties of the Contractor. Acceptance of this Contract is expressly limited to acceptance on the terms and conditions set forth in this Contract. Owner hereby gives notice that it objects to and rejects any terms or conditions contained in any document which has been or may in the future be supplied by the Contractor to Owner which are in addition to, different from, inconsistent with or attempt to vary any of the terms or conditions of this Contract whether such terms or conditions are set forth in the Contractor’s tender, proposal, order acknowledgement, invoice or otherwise. Owner’s acceptance of the Services and/or Inputs shall not be construed as an acceptance of any terms or conditions contained in any such document supplied by the Contractor to Owner. If this Contract is deemed to be an acceptance of a prior offer by the Contractor, such acceptance is conditional on the Contractor’s assent to all the terms and conditions set forth in this Contract. No agreement or understanding modifying the terms of this Contract shall be binding on Owner or the Contractor unless made in writing and signed on behalf of Owner and the Contractor.

Governing Terms and Conditions. If there is an irreconcilable conflict between the terms and conditions set forth in this Agreement or any amendment of this Agreement and the terms and conditions set forth in any Exhibit, Appendix, Annual Fiscal Year Work Authorization or Supplemental Annual Fiscal Year Work Authorization to this Agreement, the terms and conditions set forth in this Agreement or any amendment of this Agreement shall control over the terms and conditions set forth in any Exhibit, Appendix, Annual Fiscal Year Work Authorization or Supplemental Annual Fiscal Year Work Authorization to this Agreement.

Governing Terms and Conditions. 3.1 This Agreement shall be subject to, governed by, and shall incorporate the applicable provisions of Transporter's FERC Gas Tariff, including, without limitation, Section 17 of the General Terms and Conditions thereof, the Governing Rate Schedule, and the special terms and conditions stated in each Exhibit hereto with respect to the released transportation rights described in such Exhibit. Subject to the terms, conditions, and limitations of this Agreement and Transporter's FERC Gas Tariff, Replacement Shipper shall be deemed a Shipper for purposes of the Governing Rate Schedule and the applicable provisions of Transporter's FERC Gas Tariff and shall be subject to all obligations thereof. 3.2 Transporter expressly reserves all rights granted to it by any Governing Rate Schedule and the applicable provisions of its FERC Gas Tariff to file with the Commission and place into effect unilaterally such changes as Transporter deems necessary or desirable from time to time in the rates, charges, terms, and conditions applicable to service under the Tariff or Governing Rate Schedule, in order to assure Transporter just and reasonable rates, charges, and terms and conditions of service. In the event of a conflict between the provisions of this Agreement and Transporter's Rate Schedule FT-A or FT-L, as applicable, the provisions of Transporter's Rate Schedule FT- A or FT-L, as applicable, shall govern. In the event of a conflict between the provisions of this Agreement and Transporter's General Terms and Conditions, the provisions of Transporter's General Terms and Conditions shall govern.

Governing Terms and Conditions. The terms and conditions set forth in this Order Acknowledgement shall constitute the exclusive agreement between SSAB and Buyer for the sale of Goods and this Order Acknowledgement shall supersede all prior negotiations, statements, agreements or commitments, whether oral or written, with respect to the sale of the Goods. If this Order Acknowledgement constitutes an acceptance of ▇▇▇▇▇'s order or any other offer of Buyer, then this Order Acknowledgement is expressly made conditional upon Buyer's acceptance of and assent to these terms and conditions as the only terms and conditions applicable to the sale of Goods. SSAB hereby gives notice that it rejects any terms or conditions contained in any document which has been or may in the future be supplied by Buyer to SSAB which terms and conditions are in addition to, different from, inconsistent with or attempt to vary any of the terms and conditions of this Order Acknowledgement, whether such terms or conditions are set forth in Buyer's purchase order or otherwise. ▇▇▇▇▇'s failure to object in writing to any provision contained herein within 10 days from receipt of this Order Acknowledgement or Buyer's acceptance of the Goods sold under this Order Acknowledgement shall constitute Buyer's acceptance of the terms and conditions contained in this Order Acknowledgement.

Governing Terms and Conditions. These are the only terms and conditions which are binding upon a Seller with the exception of those otherwise agreed in writing by the Seller which are imposed by a statute such as the Consumer Law and which cannot be excluded. Any direction by the Buyer either verbal or written to procure goods or services from the Seller will be deemed as acceptance by the Buyer of these terms and conditions, despite any provisions to the contrary in the direction or any Purchase Order issued by the Buyer.