Common use of Precedence of Agreement Clause in Contracts

Precedence of Agreement. 2.2.1 Each Party shall promptly notify the other in writing of any discovered conflict or inconsistency among any of the Exhibits or between any Exhibit and the body of this Agreement. In the event of any conflict between provisions of Sections of this Agreement, Drawings and Specifications and Exhibits, the following order of precedence for construction and interpretation shall apply unless the Parties otherwise agree: (a) amendments, addenda or other modifications to this Agreement (including Change Orders) duly signed and issued after the Effective Date, with those of a later date having precedence over those of an earlier date; (b) Sections of this Agreement; (c) Exhibit R – Demonstration Tests and Performance Tests; (d) Exhibit C – Contractor Rates; (e) Exhibit B – Compensation; (f) Exhibit D – Form of Project Schedule and Milestones; (g) Exhibit A – Scope of Work; Applicable Codes and Standards; (h) the remaining Exhibits to this Agreement; and (i) Drawings and Specifications. 2.2.2 Subject to Section 2.2.1, in the event of a conflict among or within any of the levels set forth in Section 2.2.1, the more stringent provision shall prevail. Notwithstanding the above, the provisions of this Agreement, including all Exhibits, shall be wherever possible construed as complementary rather than conflicting. Silence regarding a matter shall not constitute a conflict with another component of the Agreement that specifically addresses such matter.

Precedence of Agreement. 2.2.1 Each Party shall promptly notify the other in writing of any discovered conflict or inconsistency among any of the Exhibits or between any Exhibit and the body of this Agreement. In the event of any conflict between provisions of Sections of this Agreement, Drawings and Specifications and Exhibits, the following order of precedence for construction and interpretation shall apply unless the Parties otherwise agree: (a) amendments, addenda or other modifications to this Agreement (including Change Orders) duly signed and issued after the Effective Date, with those of a later date having precedence over those of an earlier date; (b) Sections of this Agreement; (c) Exhibit R – Demonstration Tests and Performance Tests; (d) Exhibit C – Contractor Rates; (e) Exhibit B – Compensation; (f) Exhibit D – Form of Project Schedule and Milestones; (g) Exhibit A – Scope of Work; Applicable Codes and Standards; (h) the remaining Exhibits to this Agreement; and (i) Drawings and Specifications. 2.2.2 Subject to Section 2.2.1, in the event of a conflict among or within any of the levels set forth in Section 2.2.1, or between the documents described in Section 2.2.1 and any Agent For Contract, the more stringent provision shall prevail. Notwithstanding the above, the provisions of this Agreement, including all Exhibits, shall be wherever possible construed as complementary rather than conflicting. Silence regarding a matter shall not constitute a conflict with another component of the Agreement that specifically addresses such matter.

Precedence of Agreement. 2.2.1 Each Party shall promptly notify the other in writing of any discovered conflict or inconsistency among any of the Exhibits or between any Exhibit and the body of this Agreement. In the event of any conflict between provisions of Sections of this Agreement, Drawings and Specifications and Exhibits, the following order of precedence for construction and interpretation shall apply unless the Parties otherwise agree: (a) amendments, addenda or other modifications to this Agreement (including Change Orders) duly signed and issued after the Effective Second Restatement Date, with those of a later date having precedence over those of an earlier date; (b) Sections of this Agreement; (c) Exhibit R – Demonstration Tests and Performance Tests; (d) Exhibit C – Contractor Rates; (e) Exhibit B – Compensation; (f) Exhibit D – Form of Project Schedule and Milestones; (g) Exhibit A – Scope of Work; Applicable Codes and Standards; (h) the remaining Exhibits to this Agreement; and (i) Drawings and Specifications. 2.2.2 Subject to Section 2.2.1, in the event of a conflict among or within any of the levels set forth in Section 2.2.1, or between the documents described in Section 2.2.1 and any Agent For Contract, the more stringent provision shall prevail. Notwithstanding the above, the provisions of this Agreement, including all Exhibits, shall be wherever possible construed as complementary rather than conflicting. Silence regarding a matter shall not constitute a conflict with another component of the Agreement that specifically addresses such matter.

Precedence of Agreement. 2.2.1 Each Party shall promptly notify the other in writing of any discovered conflict or inconsistency among any of the Exhibits or between any Exhibit and the body of this Agreement. In the event of any conflict between provisions of Sections of this Agreement, Drawings and Specifications and Exhibits, the following order of precedence for construction and interpretation shall apply unless the Parties otherwise agree: (a) amendments, addenda or other modifications to this Agreement (including Change Orders) duly signed and issued after the Effective Restatement Date, with those of a later date having precedence over those of an earlier date; (b) Sections of this Agreement; (c) Exhibit R – Demonstration Tests and Performance Tests; (d) Exhibit C – Contractor Rates; (e) Exhibit B – Compensation; (f) Exhibit D – Form of Project Schedule and Milestones; (g) Exhibit A – Scope of Work; Applicable Codes and Standards; (h) the remaining Exhibits to this Agreement; and (i) Drawings and Specifications. 2.2.2 Subject to Section 2.2.1, in the event of a conflict among or within any of the levels set forth in Section 2.2.1, or between the documents described in Section 2.2.1 and any Agent For Contract, the more stringent provision shall prevail. Notwithstanding the above, the provisions of this Agreement, including all Exhibits, shall be wherever possible construed as complementary rather than conflicting. Silence regarding a matter shall not constitute a conflict with another component of the Agreement that specifically addresses such matter.

Precedence of Agreement. 2.2.1 Each Party shall promptly notify the other in writing of any discovered conflict or inconsistency among any of the Exhibits or between any Exhibit and the body of this Agreement. In the event of any conflict between provisions of Sections of this Agreement, Drawings and Specifications and Exhibits, the following order of precedence for construction and interpretation shall apply unless the Parties otherwise agree: (a) amendments, addenda or other modifications to this Agreement (including Change Orders) duly signed and issued after the Effective Third Restatement Date, with those of a later date having precedence over those of an earlier date; (b) Sections of this Agreement; (c) Exhibit R – Demonstration Tests and Performance Tests; (d) Exhibit C – Contractor Rates; (e) Exhibit B – Compensation; (f) Exhibit D – Form of Project Schedule and Milestones; (g) Exhibit A – Scope of Work; Applicable Codes and Standards; (h) the remaining Exhibits to this Agreement; and (i) Drawings and Specifications. 2.2.2 Subject to Section 2.2.1, in the event of a conflict among or within any of the levels set forth in Section 2.2.1, or between the documents described in Section 2.2.1 and any Agent For Contract, the more stringent provision shall prevail. Notwithstanding the above, the provisions of this Agreement, including all Exhibits, shall be wherever possible construed as complementary rather than conflicting. Silence regarding a matter shall not constitute a conflict with another component of the Agreement that specifically addresses such matter.

Precedence of Agreement. 2.2.1 Each Party shall promptly notify the other in writing of any discovered conflict or inconsistency among any of the Exhibits or between any Exhibit and the body of this Agreement. In the event of any conflict between provisions of Sections of this Agreement, Drawings and Specifications and Exhibits, the following order of precedence for construction and interpretation shall apply unless the Parties otherwise agree: (a) amendments, addenda or other modifications to this Agreement (including Change Orders) duly signed and issued after the Effective Restatement Date, with those of a later date having precedence over those of an earlier date; (b) Sections of this Agreement; (c) Exhibit R – Demonstration Tests and Performance Tests; (d) Exhibit C – Contractor Rates; (e) Exhibit B – Compensation; (f) Exhibit D – Form of Project Schedule and Milestones; (g) Exhibit A – Scope of Work; Applicable Codes and Standards; (h) the remaining Exhibits to this Agreement; and (i) Drawings and Specifications. 2.2.2 Subject to Section 2.2.1, in the event of a conflict among or within any of the levels set forth in Section 2.2.1, the more stringent provision shall prevail. Notwithstanding the above, the provisions of this Agreement, including all Exhibits, shall be wherever possible construed as complementary rather than conflicting. Silence regarding a matter shall not #100592900v5 constitute a conflict with another component of the Agreement that specifically addresses such matter.