Common use of Subject to Sections 1 Clause in Contracts

Subject to Sections 1. 2.3 and 1.2.4, in the event of any irreconcilable conflict, ambiguity or inconsistency among the PPA Documents, the order of precedence, from highest to lowest, shall be as follows: 1.2.2.1 Change Orders and Agreement amendments and supplements, and all exhibits, appendices and attachments to such amendments and supplements; 1.2.2.2 This Agreement, including all Exhibits other than Exhibit 2 (Developer’s Schematic Design of Project and Proposal Commitments) which has a lower order of precedence, and the executed originals of Exhibits that are contracts; 1.2.2.3 Technical Provisions amendments, including all exhibits and attachments to such amendments;‌ 1.2.2.4 The Technical Provisions, including all exhibits and attachments to the Technical Provisions; 1.2.2.5 Supplements and amendments to Exhibit 2 (Developer’s Schematic Design of Project and Proposal Commitments); and‌ 1.2.2.6 Developer’s Proposal commitments set forth in Exhibit 2 (Developer’s Schematic Design of Project and Proposal Commitments), including Developer’s Schematic Design.

Subject to Sections 1. 2.3 and 1.2.4, in the event of any irreconcilable conflict, ambiguity or inconsistency among the PPA Documents, the order of precedence, from highest to lowest, shall be as follows: 1.2.2.1 1. Change Orders and Agreement amendments and supplements, and all exhibits, appendices and attachments to such amendments and supplements; 1.2.2.2 2. This Agreement, including all Exhibits other than Exhibit 2 (Developer’s Schematic Design of Project and Proposal Commitments) which has a lower order of precedence, and the executed originals of Exhibits that are contracts; 1.2.2.3 3. Technical Provisions amendments, including all exhibits and attachments to such amendments;‌amendments; 1.2.2.4 4. The Technical Provisions, including all exhibits and attachments to the Technical Provisions; 1.2.2.5 5. Supplements and amendments to Exhibit 2 (Developer’s Schematic Design of Project and Proposal Commitments); and‌and 1.2.2.6 6. Developer’s Proposal commitments set forth in Exhibit 2 (Developer’s Schematic Design of Project and Proposal Commitments), including Developer’s Schematic Design.