Application and Order of Precedence Sample Clauses

Application and Order of Precedence. This clause 15 shall only apply when the Supplier is performing Construction Services under the Supply Contract. Notwithstanding clause 3.5 of this Agreement, to the extent that there is any conflict between this clause 15 and any other any of terms and conditions in the documents which comprise the Supply Contract (including any other clause of these Services Terms), the terms of this clause 15 shall prevail in respect of the Construction Services provided by the Supplier. Design Obligations This clause 15.2 only applies if the Works include the Design Obligations. The Supplier warrants to the Customer that: any consultants engaged and retained by the Supplier must be suitably qualified, experienced and competent and must be approved by the Customer (acting reasonably) in writing; prior to commencing any Works under the Supply Contract, the Supplier has examined and carefully checked any preliminary design in relation to the Works and that such preliminary design is suitable, appropriate and adequate for the Customer's purpose in relation to the Works as set out in the Contract Specific Requirements; the Supplier shall execute and complete the Design Obligations and produce the Design Documents to accord with the Contract Specific Requirements; the Supplier shall execute and complete the Works in accordance with the Design Documents so that the Design Works, when completed, must: be fit for their stated purpose; and comply with all the requirements of the Supply Contract and all Statutory Requirements; the Supplier has complied and will comply with its obligations as designer under the WHS Legislation; construction in accordance with the Design Works will satisfy the requirements of the Supply Contract; and the Design Works will include adequate and sufficient information so as to allow the Works to be performed safely and without risks to health. The Supplier acknowledges that the warranties in clause 15.2(b) and the Design Obligations shall remain unaffected notwithstanding: that design work (including the any preliminary design in relation to the Works) has been carried out by or on behalf of the Customer and included in the Contract Specific Requirements; any receipt or review of, or comment or direction on, the Design Documents by the Customer; and any Variation under clause 15.3. The Supplier: must deliver the Design Documents to the Customer for review and approval well before commencing any work in respect of the design the subject of the Design D...
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Application and Order of Precedence 
Sample 1

Related to Application and Order of Precedence

  • Order of Precedence Any ambiguity, conflict or inconsistency between the documents comprising this contract shall be resolved according to the following order of precedence:

  • 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.

  • Entire Agreement; Order of Precedence This Agreement constitutes the complete and exclusive statement of the agreement of the parties with respect to the subject matter hereof and supersedes all prior proposals, understandings, and agreements, whether oral or written, between the parties with respect to the subject matter hereof, including but not limited to any non-disclosure agreements previously entered into by and between the parties.

  • 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.

  • Precedence of Agreement In the event that there is a conflict between the contents of this Agreement and any regulations made by the College, or on behalf of the College, this Agreement shall take precedence over the said regulations.

  • Order of Application For the purpose of determining the amounts to be applied as Recoveries pursuant to subparagraph (A) above, the Assuming Institution shall apply amounts received on the Assets that are not otherwise applied to reduce the book value of principal of a Shared-Loss Loan (or, in the case of Other Real Estate, Additional ORE, and Capitalized Expenditures, that are not otherwise applied to reduce the book value thereof) in the following order: first to Charge-Offs and Failed Bank Charge-Offs/Write Downs; then to Reimbursable Expenses and Recovery Expenses; then to interest income; and then to other expenses incurred by the Assuming Institution.

  • NOTIFICATION OF PUBLIC EVENTS AND MEETINGS 2 A. CONTRACTOR shall notify ADMINISTRATOR of any public event or meeting funded in 3 whole or in part by the COUNTY, except for those events or meetings that are intended solely to serve 4 clients or occur in the normal course of business.

  • Normal order of application Except as any Finance Document may otherwise provide, any sums which are received or recovered by any Creditor Party under or by virtue of any Finance Document shall be applied:

  • Waiver of Notices Borrower hereby expressly waives demand, presentment, protest and notice of protest and notice of dishonor with respect to any and all instruments and commercial paper, included in or evidencing any of the Obligations or the Collateral, and any and all other demands and notices of any kind or nature whatsoever with respect to the Obligations, the Collateral and this Agreement, except such as are expressly provided for herein. No notice to or demand on Borrower which Lender may elect to give shall entitle Borrower to any other or further notice or demand in the same, similar or other circumstances.

  • Waiver of Notice; Approval of Meeting Whenever notice to the Members is required to be given under this Agreement, a written waiver, signed by the Person entitled to notice, whether before or after the time stated therein, shall be deemed equivalent to notice. Attendance of a Person at any such meeting of the Members shall constitute a waiver of notice of such meeting, except when the Person attends a meeting for the express purpose of objecting, at the beginning of the meeting, to the transaction of any business because the meeting is not lawfully called or convened. Neither the business to be transacted at, nor the purpose of, any regular or special meeting of the Members need be specified in any written waiver of notice unless so required by resolution of the Board. All waivers and approvals shall be filed with the Company records or made part of the minutes of the meeting.

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