Common use of Conflicts in Interpretation Clause in Contracts

Conflicts in Interpretation. The following order of precedence shall be followed in resolving any inconsistencies between the terms of this Agreement and the terms of any Schedules, Exhibits, Attachments, Addenda and other documents attached hereto: (a) first, the terms contained in the body of this Agreement, except where a Procurement Document specifically identifies a Section(s) of this Agreement and expressly states that a conflicting term in such Procurement Document will take precedence; (b) second, the terms of the Schedules, Exhibits, Attachments and Addenda to this Agreement (excluding Procurement Documents attached as part of any Schedule, Exhibit, Attachment or Addendum which, for purposes of precedent, shall be treated as set forth in subsection (c) below), except where a Procurement Document specifically identifies a term in a Schedule, Exhibit, Attachment or Addendum to this Agreement and expressly states that a conflicting term in such Procurement Document will take precedence, provided that no order of precedence shall be applied among such Schedules, Exhibits, Attachments and Addenda; (c) third, the terms of any Procurement Document, including all Schedules, Exhibits, Attachments and Addenda thereto (but excluding any Supplier responses to a MetroPCS request for proposal or request for information, which, for purposes of precedent, shall be treated as set forth in subsection (e) below), except where a Procurement Document specifically identifies a Section(s) of this Agreement and expressly states that a conflicting term in such Procurement Document will take precedence (in which case the terms of the foregoing subsection (a) shall apply), provided that no order of precedence shall be applied among such Procurement Documents; (d) fourth, the terms of any Purchase Order signed and issued by MetroPCS, a MetroPCS Affiliate or a Designated Entity and accepted by Supplier, including all Schedules, Exhibits, Attachments and Addenda thereto; (e) fifth, Supplier’s response, if any, to a MetroPCS, MetroPCS Affiliate or Designated Entity request for proposal or request for information, which response shall be incorporated as part of the applicable Procurement Document by this reference unless specified otherwise in the applicable Procurement Document; and (f) sixth, Documentation. Any attempt to alter or amend the terms and conditions contained in the Agreement through conflicting or inconsistent terms in a Procurement Document, Schedule, Exhibit, Attachment, Addenda or any other document shall be void and of no force and effect unless such conflicting or inconsistent terms specifically are identified as an amendment to this Agreement and such amendment is signed by an authorized representative of MetroPCS as provided in Section 15.16, it being the parties’ express understanding that any such alteration or amendment shall require a formal amendment to this Agreement.

Conflicts in Interpretation. The following order of precedence shall be followed in resolving any inconsistencies between the terms of this Agreement and the terms of any Schedules, Exhibits, Attachments, Addenda and other documents attached hereto: (a) first, the terms contained in the body of this Agreement, except where a Procurement Document specifically identifies a Section(s) of this Agreement and expressly states that a conflicting term in such Procurement Document will take precedence; (b) second, the terms of the Schedules, Exhibits, Attachments and Addenda to this Agreement (excluding Procurement Documents attached as part of any Schedule, Exhibit, Attachment or Addendum which, for purposes of precedent, shall be treated as set forth in subsection (c) below), except where a Procurement Document specifically identifies a term in a Schedule, Exhibit, Attachment or Addendum to this Agreement and expressly states that a conflicting term in such Procurement Document will take precedence, provided that no order of precedence shall be applied among such Schedules, Exhibits, Attachments and Addenda; (c) third, the terms of any Procurement Document, including all Schedules, Exhibits, Attachments and Addenda thereto (but excluding any Supplier responses to a MetroPCS request for proposal or request for information, which, for purposes of precedent, shall be treated as set forth in subsection (e) below), except where a Procurement Document specifically identifies a Section(s) of this Agreement and expressly states that a conflicting term in such Procurement Document will take precedence (in which case the terms of the foregoing subsection (a) shall apply), provided that no order of precedence shall be applied among such Procurement Documents; (d) fourth, the terms of any Purchase Order signed and issued by MetroPCS, a MetroPCS Affiliate or a Designated Entity and accepted by Supplier, including all Schedules, Exhibits, Attachments and Addenda thereto; (e) fifth, Supplier’s response, if any, to a MetroPCS, MetroPCS Affiliate or Designated Entity request for proposal or request for information, which response shall be incorporated as part of the applicable Procurement Document by this reference unless specified otherwise in the applicable Procurement Document; and (f) sixth, Documentation. Any attempt to alter or amend the terms and conditions contained in the Agreement through conflicting or inconsistent terms in a Procurement Document, Schedule, Exhibit, Attachment, Addenda or any other document shall be void and of no force and effect unless such conflicting or inconsistent terms specifically are identified as an amendment to this Agreement and such amendment is signed by an authorized representative of MetroPCS as provided in Section 15.16, it being the parties’ express understanding that any such alteration or amendment shall require a formal amendment to this Agreement.

Conflicts in Interpretation. The following order of precedence shall be followed in resolving any inconsistencies between the terms of this Agreement and the terms of any Schedules, Exhibits, Attachments, Addenda and other documents attached hereto: : (a) first, the terms contained in the body of this Agreement, except where a Procurement Document specifically identifies a Section(s) of this Agreement and expressly states that a conflicting term in such Procurement Document will take precedence; ; (b) second, the terms of the Schedules, Exhibits, Attachments and Addenda to this Agreement (excluding Procurement Documents attached hereto as part of any Schedule, Exhibit, Attachment or Addendum which, for purposes of precedent, shall be treated as set forth in subsection SUBSECTION (c) below), except where a Procurement Document specifically identifies a term in a Schedule, Exhibit, Attachment or Addendum to this Agreement and expressly states that a conflicting term in such Procurement Document will take precedence, provided that no order of precedence shall be applied among such Schedules, Exhibits, Attachments and Addenda; ; (c) third, the terms of any Procurement DocumentProduct Addendum or Statement of Work, including all Schedules, Exhibits, Attachments and Addenda thereto (but excluding any Supplier Lucent responses to a MetroPCS an Allegiance request for proposal or request for information, which, for purposes of precedent, shall be treated as set forth in subsection SUBSECTION (eE) below), except where a Procurement Document specifically identifies a Section(s) of this Agreement and expressly states that a conflicting term in such Procurement Document will take precedence (in which case the terms of the foregoing subsection (a) shall apply), provided that no order of precedence shall be applied among such Procurement Documents; Product Addenda and Statements of Work; (d) fourth, the terms of any Purchase Order purchase order signed and issued by MetroPCS, a MetroPCS Affiliate or a Designated Entity an authorized representative of Allegiance and accepted by SupplierLucent, including all Schedules, Exhibits, Attachments and Addenda thereto; ; (e) fifth, Supplier’s Lucent's response, if any, to a MetroPCS, MetroPCS Affiliate or Designated Entity an Allegiance request for proposal or request for information, which response shall be incorporated as part of the applicable Procurement Document Product Addendum or Statement of Work by this reference unless specified otherwise set forth in the applicable Procurement DocumentProduct Addendum or Statement of Work; and and (f) sixth, Documentation. The order of precedence described herein is graphically depicted in the attached SCHEDULE 1.9. Any attempt to alter or amend the terms and conditions contained in the Agreement through conflicting or inconsistent terms in a Procurement Document, Schedule, Exhibit, Attachment, Addenda or any other document shall be void and of no force and effect unless such conflicting or inconsistent terms specifically are identified as an amendment to this Agreement and such amendment is signed by an authorized representative of MetroPCS Allegiance as provided in Section 15.16SECTION 15.15, it being the parties’ ' express understanding that any such alteration or amendment shall require a formal amendment to this Agreement.