Common use of Subject to Sections 1 Clause in Contracts

Subject to Sections 1. 2.2 through 1.2.6, in the event of any conflict among the Contract Documents, the order of precedence shall be as set forth below: 1. Change Orders and Agreement amendments (excluding amendments to the Technical Provisions which are separately addressed in subparagraphs 3 and 5, below), and all exhibits and attachments thereto; 2. This Agreement (including all exhibits and the executed originals of exhibits that are contracts, except Exhibits 2 and 18); 3. Technical Provisions amendments, and all exhibits and attachments to such amendments; 4. Technical Provisions, and all exhibits and attachments to the Technical Provisions; 5. Developer’s Proposal Commitments, ATCs and Proposal Schematics (as set forth in Exhibit 2); and 6. Final Design Documents to be developed in accordance with the Contract Documents, provided that: (a) specifications contained therein shall have precedence over plans; (b) no conflict shall be deemed to exist between the Final Design Documents and the other Contract Documents with respect to requirements of the Final Design Documents that TxDOT determines are more beneficial than the requirements of the other Contract Documents; and (c) any other Deviations contained in the Final Design Documents shall have priority over conflicting requirements of other Contract Documents only to the extent that the conflicts are specifically identified to TxDOT by Developer and such Deviations are approved by TxDOT in writing.

Subject to Sections 1. 2.2 through 1.2.61.2.5, in the event of any conflict among the Contract Documents, the order of precedence shall be as set forth below: 1. Change Orders and Agreement amendments (excluding amendments to the Technical Provisions Book 2 which are separately addressed in subparagraphs 3 and 54, below), and all exhibits and attachments thereto; 2. This Book 1 (this Agreement (including all exhibits and the executed originals of exhibits that are contracts, except Exhibits 2 and 1819); 3. Book 2 (Technical Provisions Provisions) amendments, and all exhibits and attachments to such amendments; 4. Book 2 (Technical Provisions), and all exhibits and attachments to the Technical Provisions; 5. Developer’s Proposal Commitments, Commitments and ATCs and Proposal Schematics (as set forth in Exhibit 2); andExhibit 6. Final Design Documents to be developed in accordance with the Contract Documents, provided that: (a) specifications contained therein shall have precedence over plans; (b) no conflict shall be deemed to exist between the Final Design Documents and the other Contract Documents with respect to requirements of the Final Design Documents that TxDOT determines are more beneficial than the requirements of the other Contract Documents; and (c) any other Deviations contained in the Final Design Documents shall have priority over conflicting requirements of other Contract Documents only to the extent that the conflicts are specifically identified to TxDOT by Developer and such Deviations are approved by TxDOT in writing.

Subject to Sections 1. 2.2 through 1.2.61.2.5, in the event of any conflict among the Contract Documents, the order of precedence shall be as set forth below: 1. Change Orders and Agreement amendments (excluding amendments to the Technical Provisions which are separately addressed in subparagraphs 3 and 5, below), and all exhibits and attachments thereto; 2. This Book 1 (this Agreement (including all exhibits and the executed originals of exhibits that are contracts, except Exhibits 2 and 1819); 3. Book 2 (Technical Provisions Provisions) amendments, and all exhibits and attachments to such amendments; 4. Book 2 (Technical Provisions), and all exhibits and attachments to the Technical Provisions; 5. Developer’s Proposal Commitments, Commitments and ATCs and Proposal Schematics (as set forth in Exhibit 2)) ; and 6. Final Design Documents to be developed in accordance with the Contract Documents, provided that: (a) specifications contained therein shall have precedence over plans; (b) no conflict shall be deemed to exist between the Final Design Documents and the other Contract Documents with respect to requirements of the Final Design Documents that TxDOT determines are more beneficial than the requirements of the other Contract Documents; and (c) any other Deviations contained in the Final Design Documents shall have priority over conflicting requirements of other Contract Documents only to the extent that the conflicts are specifically identified to TxDOT by Developer and such Deviations are approved by TxDOT in writing.