The Agreement; Order of Precedence Sample Clauses

The "Agreement; Order of Precedence" clause establishes the hierarchy among the various documents that make up the overall agreement, specifying which document's terms will control in the event of a conflict or inconsistency. Typically, this clause lists the main agreement, schedules, exhibits, and any referenced documents in a ranked order, so that if there is a contradiction between, for example, the main contract and an attached schedule, the main contract's terms will prevail. This structure ensures clarity and predictability by resolving potential disputes over which terms apply, thereby reducing ambiguity and the risk of conflicting interpretations.
The Agreement; Order of Precedence. This Agreement, together with the other Contract Documents, forms the entire contract between the Parties related to the Project and the other subject matter hereof (the “Contract”). The order of precedence of the Contract Documents is established in Article 12 of this Agreement, in the event there are inconsistent or conflicting terms among the Contract Documents. The Parties understand and agree that one of the Contract Documents, the State of Oregon – Oregon University System General Conditions for Public Improvement Contracts (rev. February 1, 2011) (the “General Conditions”), a copy of which is attached hereto and incorporated herein by this reference as Exhibit C, is used with a variety of alternative contracting methods, and that some of the terms of the General Conditions may not be applicable in a design-build context. Owner and Design-Builder agree that the General Conditions shall be subordinate to the terms of the Agreement and that in the event of any conflict or ambiguity between the General Conditions and the Agreement, the terms and conditions stated in the Agreement shall control. The Supplemental General Conditions, attached hereto and incorporated herein by this reference as Exhibit D, are also Contract Documents and their order of precedence is established in Article 12. The General Conditions, the Supplemental General Conditions and other Contract Documents, to the extent consistent with this Agreement, shall also apply to the services/work of all of Design-Builder’s consultants, sub-consultants and subcontractors pursuant to Section 2.6 below (the “Consultants”).
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The Agreement; Order of Precedence. This Agreement, together with the other Contract Documents enumerated in Article 15 below, form the entire contract between the parties. The order of precedence of the Contract Documents is established in Article 15 in the event there are inconsistent or conflicting terms among the Contract Documents. The parties understand and agree that one of the Contract Documents, the State of Oregon OSBHE Standard General Conditions, Division G (“General Conditions”) is used with a variety of alternative contracting methods, and that some of the terms of the General Conditions may not be applicable to a CM/GC contract. Owner and the CM/GC agree that the General Conditions to the extent not superceded by Supplemental General Conditions shall be subordinate to the terms of the Agreement and that in the event of any conflict or ambiguity between the General Conditions and the Agreement, the terms and conditions stated in the Agreement shall control. The General Conditions, to the extent not inconsistent with this Agreement, shall also apply to the work of all subcontractors pursuant to Article 10.2.2 below.
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The Agreement; Order of Precedence. This CM/GC Agreement, including all exhibits identified herein and by this reference incorporated in and made a part of this CM/GC Agreement, together with the other Agreement Documents, form the entire agreement between the parties. Except as expressly otherwise provided herein, the order of precedence of the Agreement Documents is established in Section A.3 of the PSU General Conditions, as adjusted in the Supplemental General Conditions, if there are inconsistent or conflicting terms among the Agreement Documents.
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Related to The Agreement; Order of Precedence

  • Order of Precedence For purchase transactions under this Contract, the order of precedence shall be as follows: this Contract; Appendix A, Standard Terms and Conditions For Products and Related Services Contracts; Appendix B, Vendor’s Historically Underutilized Businesses Subcontracting Plan; Appendix C, Pricing Index; Exhibit 1, Vendor’s Response to RFO DIR-TSO-TMP-398, including all addenda; and ▇▇▇▇▇▇▇ ▇, ▇▇▇ ▇▇▇-▇▇▇-▇▇▇-▇▇▇, including all addenda; are incorporated by reference and constitute the entire agreement between DIR and Vendor governing purchase transactions. In the event of a conflict between the documents listed in this paragraph related to purchases, the controlling document shall be this Contract, then Appendix A, then Appendix B, then Appendix C, then Exhibit 1, and finally Exhibit 2. In the event and to the extent any provisions contained in multiple documents address the same or substantially the same subject matter but do not actually conflict, the more recent provisions shall be deemed to have superseded earlier provisions.

  • Entire Agreement; Order of Precedence The Agreement sets forth the entire agreement and understanding of the parties relating to its subject matter and supersedes all prior and contemporaneous oral and written agreements. Any conflict between these terms and any supplementary terms is subject to the following order of precedence: (1) an Order, (2) the Business Unit Terms, and (3) this End User Agreement. Nothing contained in any Customer Purchase Order or other document submitted by Customer shall in any way add to or otherwise modify the Agreement or any Company license program terms under which an Order is submitted. The Business Unit Terms, Service Descriptions, Maintenance terms, Security Exhibit, or DPA may be updated by Company from time to time without notice (but will be identified by the last updated date). Customer's continued access to and use of the Products constitutes acceptance of the then-current terms.

  • Entire Agreement and Order of Precedence This Agreement is the entire agreement between You and Us regarding Your use of Services and Content and supersedes all prior and contemporaneous agreements, proposals or representations, written or oral, concerning its subject matter. No modification, amendment, or waiver of any provision of this Agreement will be effective unless in writing and signed by the party against whom the modification, amendment or waiver is to be asserted. The parties agree that any term or condition stated in Your purchase order or in any other of Your order documentation (excluding Order Forms) is void. In the event of any conflict or inconsistency among the following documents, the order of precedence shall be: (1) the applicable Order Form, (2) this Agreement, and (3) the Documentation.

  • 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.

  • Order of Payment of Liabilities Upon Dissolution After determining that all debts and liabilities of the Company, including all contingent, conditional or unmatured liabilities of the Company, in the process of winding-up, including, without limitation, debts and liabilities to the Member in the event it is a creditor of the Company to the extent otherwise permitted by law, have been paid or adequately provided for, the remaining assets shall be distributed in cash or in kind to the Member.