Priority of agreements and errors Clause Samples
The "Priority of agreements and errors" clause establishes the order of precedence among various contractual documents and addresses how discrepancies or mistakes are to be handled. Typically, this clause specifies which document or section prevails if there is a conflict between different parts of the contract, such as between the main agreement and its schedules or annexes. It may also outline procedures for correcting typographical or clerical errors discovered after signing. The core function of this clause is to ensure clarity and prevent disputes by providing a clear hierarchy for resolving inconsistencies and addressing errors within the contract documentation.
Priority of agreements and errors discrepancies
1.4.1 This Agreement, and all other agreements and documents forming part of or referred to in this Agreement are to be taken as mutually explanatory and, unless otherwise expressly provided elsewhere in this Agreement, the priority of this Agreement and other documents and agreements forming part hereof or referred to herein shall, in the event of any conflict between them, be in the following order:
(a) this Agreement; and
(b) all other agreements and documents forming part hereof or referred to herein; i.
Priority of agreements and errors discrepancies
1.4.1 This Agreement, and all other agreements and documents forming part of or referred to in this Agreement are to be taken as mutually explanatory and, unless otherwise expressly provided elsewhere in this Agreement, the priority of this Agreement and other documents and agreements forming part hereof or referred to herein shall, in the event of any conflict between them, be in the following order:
(a) this Agreement; and
(b) all other agreements and documents forming part hereof or referred to herein,
i. e. this Agreement at (a) above shall prevail over the agreements and documents at (b).
1.4.2 Subject to the provisions of Clause 1.4.1, in case of ambiguities or discrepancies within this Agreement, the following shall apply:
(a) between two or more Clauses of this Agreement, the provisions of a specific Clause relevant to the issue under consideration shall prevail over those in other Clauses;
(b) between the Clauses of this Agreement and the Schedules, the Clauses shall prevail and between Schedules and Annexes, the Schedules shall prevail;
(c) between any two Schedules, the Schedule relevant to the issue shall prevail;
(d) between the written description on the Drawings and the Specifications and Standards, the latter shall prevail;
(e) between the dimension scaled from the Drawing and its specific written dimension, the latter shall prevail; and
(f) between any value written in numerals and that in words, the latter shall prevail.
Priority of agreements and errors discrepancies
1.3.1. This agreement, and all other agreements and documents forming part of this agreement are to be taken as mutually explanatory and, unless otherwise expressly provided elsewhere in this agreement, the priority of this agreement and other documents and agreements forming part hereof shall, in the event of any conflict between them, be in the following order:
a. this agreement; and
b. all other agreements and documents forming part hereof.
i. e., the agreement at (a) above shall prevail over the agreements and documents at (b) above.
1.3.2. Subject to provisions of Clause 1.3.1, in case of ambiguities or discrepancies within this Agreement, the following shall apply:
a. between two or more Clauses of this Agreement, the provisions of a specific Clause relevant to the issue under consideration shall prevail over those in other Clauses;
b. between the Clauses of this agreement and the Schedules, the Clauses shall prevail;
c. between any two Schedules, the Schedule relevant to the issue shall prevail;and
d. Between any value written in numerals and that in words, the latter shall prevail.
Priority of agreements and errors discrepancies (i) This Agreement, and all other agreements and documents forming part of or referred to in this Agreement are to be taken as mutually explanatory and, unless otherwise expressly provided elsewhere in this Agreement, the priority of this Agreement and other documents and agreements forming part hereof or referred to herein shall, in the event of any conflict between them, be in the following order: (a) this Agreement; andall other agreements and documents forming part hereof or referred to herein; i.e. this Agreement at (a) above shall prevail over the Contract AgreementPage 28 of 159 Widening & Upgradation to 4-lane with paved shoulder from km 16.700 (end of Seer Hamdan Bypass) to km 39.450 (start of Pahalgam Bypass), Package-II of Khanabal - Pahalgam - Chandanwadi - Baltal section of NH-501 in the UT of Jammu & Kashmir on EPC Mode January’ 2024
Priority of agreements and errors discrepancies
(a) this Contract read with Schedules;
(b) Letter of Intent;
(c) Request for Proposal; and
(d) all other agreements and documents executed by and between the Parties In-case of any discrepancy or conflict between the provisions of the above documents, the provisions of the documents mentioned prior in the above order shall prevail over the provisions of the documents mentioned subsequently in the above order.
