Incorporation by Reference and Order of Precedence Clause Samples

The "Incorporation by Reference and Order of Precedence" clause defines how external documents or referenced materials become part of the contract and establishes the hierarchy for resolving conflicts between contract documents. In practice, this means that attachments, schedules, or other referenced agreements are treated as if they are fully included in the main contract, and if there is any inconsistency between documents, the clause specifies which document's terms will prevail. This ensures clarity and predictability by preventing disputes over which terms control in the event of conflicting provisions.
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Incorporation by Reference and Order of Precedence. (a) All Schedules attached hereto are hereby incorporated by reference into this Agreement. Subject to Section 20.14, any amendments to this Agreement (including with respect to Schedules), and any additional Schedules that are agreed upon by the Parties subsequent to the Effective Date, shall likewise be incorporated by reference into this Agreement. Supply Agreement Confidential - WinStar/Lucent 50 - (b) Any conflict among or between the documents making up this Agreement will be resolved in accordance with the following order of precedence (in descending order of precedence): (i) This Agreement; (ii) The Schedules; (iii) The Exhibits to the Schedules; and
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Incorporation by Reference and Order of Precedence. (a) Any conflict among or between the documents making up the Transaction Documents will be resolved in accordance with the following order of precedence (in descending order of precedence): (i) The Schedules; (ii) The Exhibits to the Schedules; and (iii) The Agreement. (b) In the event of conflict between the documents making up the Transaction Documents and the terms and conditions of any purchase order issued by either Party, the terms of the Transaction Documents shall supersede any such purchase order.
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Incorporation by Reference and Order of Precedence. (a) The Schedules and Attachments attached hereto are hereby incorporated by reference into this Agreement. Any amendments to Schedules and Attachments, and any other Schedules and Attachments that are agreed upon in writing by the Parties subsequent to the Effective Date, shall likewise be incorporated by reference into this Agreement. (b) Any conflict among or between the documents making up this Agreement will be resolved in accordance with the following order of precedence (in descending order of precedence): (i) Change Orders; (ii) This Agreement; (iii) The Schedules (Any conflict among or between the following Schedules will be resolved in accordance with the following order of precedence (in descending order of precedence): Schedule 1 (Satellite Modem Product Description), Schedule 6 (Statement of Work), Schedule 3 (SM/SMTS Functional Specification), Schedule 4 (IDU/ODU Interface Specification), Schedule 2 (WildBlue Radio Frequency Interface Specification), Schedule 17 (Satellite Physical Layer MIB Objects)); and (iv) Orders.
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Incorporation by Reference and Order of Precedence. All Schedules and attachments attached hereto are hereby incorporated by reference into this Agreement. Any amendments to this Agreement, Schedules and attachments, and any other schedules and attachments that are agreed upon by the Parties after the Effective Date, shall likewise be incorporated by reference into this Agreement. Any conflict among or between the documents making up this Agreement will be resolved in accordance with the following order of precedence (in descending order of precedence): (1) This Agreement; (2) the remaining Schedules; and (3) the attachments to the Schedules.
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Incorporation by Reference and Order of Precedence. This Agreement incorporates by reference the Request for Proposals 25RFP14 ("RFP") and Westwood proposal submitted pursuant to the Request for Proposals ("Westwood Proposal"), including all terms, conditions, specifications, and any addenda issued in connection therewith. The Parties acknowledge that this Agreement is intended to be consistent with the RFP and the Westwood Proposal; however, in the event of any conflict between the tem1s of this Agreement and the terms of the RFP and the Westwood Proposal, the provisions of the RFP and the Westwood Proposal shall govern and control. The Parties further agree that all obligations, representations, and warranties set forth in the RFP and the Westwood Proposal shall remain binding upon the Parties as though fully set forth herein.
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Incorporation by Reference and Order of Precedence. All Schedules and attachments attached hereto are hereby incorporated by reference into this Agreement. Any amendments to this Agreement, Schedules and attachments, and any other schedules and attachments that are agreed upon by the Parties after the Effective Date, shall likewise be incorporated by reference into this Agreement. Any conflict among or between the documents making up this Agreement will be resolved in accordance with the following order of precedence (in descending order of precedence): (1) This Agreement; (2) the remaining Schedules; and (3) the attachments to the Schedules. FORD MOTOR COMPANY VASTERA SOLUTION SERVICES CORPORATION By: /s/ ▇▇▇▇▇ ▇▇▇▇▇▇ By: /s/ Arjun Rishi ------------------------------- -------------------------------- Printed: Printed: -------------------------- --------------------------- Title: Title: ---------------------------- ----------------------------- Date: Date: ----------------------------- ------------------------------ SCHEDULE A: SERVICES --------------------------------------------------------------------------------------------------------------------------------- CATEGORY FORD RETAINS VASTERA HANDLES --------------------------------------------------------------------------------------------------------------------------------- INFORMATION SYSTEMS Ford Customs information systems - Development and operation of a new access by Vastera trade systems, trade management system and operations and applications supporting technology platform maintenance --------------------------------------------------------------------------------------------------------------------------------- Support for Vastera integration Integration development between activities, and continuing existing Ford feeder systems and new maintenance and support for Ford trade management systems utilized by feeder systems Vastera --------------------------------------------------------------------------------------------------------------------------------- Utilization of TradeSphere and other Vastera technologies in support of Ford Customs operations --------------------------------------------------------------------------------------------------------------------------------- Business process support for changes to main Ford feeder systems. --------------------------------------------------------------------------------------------------------------------------------- Provision to Ford (either directly or, at Ford's option, via a world wide w...
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Incorporation by Reference and Order of Precedence 
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Related to Incorporation by Reference and Order of Precedence

  • Order of Precedence; Incorporation by Reference Any inconsistency or ambiguity in this Contract shall be resolved by giving precedence in the following order: (1) This Contract and attachments, (2) RFP document, (3) the CONSULTANT’s response to the RFP document, and (4) attachments prepared by the CONSULTANT. All of the foregoing are incorporated fully by reference.

  • Incorporation of Documents by Reference The documents incorporated or deemed to be incorporated by reference in the Registration Statement and the Prospectus, when they became effective or were filed with the Commission, as the case may be, complied in all material respects with the requirements of the 1934 Act and the 1934 Act Regulations, and, when read together with the other information in the Prospectus, (a) at the time the Registration Statement became effective, (b) at the time the Prospectus was issued and (c) on the date of this Agreement, did not contain an untrue statement of a material fact or omit to state a material fact required to be stated therein or necessary to make the statements therein not misleading.

  • Incorporation by Reference All terms, provisions and agreements set forth in the Standard Trust Terms (except to the extent expressly modified herein) are hereby incorporated herein by reference with the same force and effect as though fully set forth herein. To the extent that the terms set forth in Article 2 of this Trust Agreement are inconsistent with the terms of the Standard Trust Terms, the terms set forth in Article 2 herein shall apply.