Common use of Rules for Interpreting Clause in Contracts

Rules for Interpreting. This Agreement: In the event of internal conflicts or inconsistencies in this Agreement, the following rules for how those conflicts or inconsistencies shall be resolved will apply: (1) Handwritten changes shall control over pre-printed or typed provisions; (2) Exhibits shall control over the main body of the Agreement; (3) Special Stipulations shall control over both exhibits and the main body of the Agreement; (4) Notwithstanding the above, the Amendatory Clause in any FHA or VA exhibit shall control over inconsistent or conflicting provisions contained in another exhibit or a special stipulation. (5) Notwithstanding the above, the Amendatory Clause in the FHA or VA Exhibit shall control over inconsistent or conflicting provisions contained elsewhere in this Agreement. ▇▇▇▇▇ and Seller acknowledge and agree that the “Further Agreement Pertaining to Amendatory Clause” section in the FHA or VA Exhibits does not conflict and is not inconsistent with the Amendatory Clause. (6) Except as otherwise provided herein, this agreement and any amendment thereto shall be enforceable, as between the parties, even without the signature of any Broker referenced herein. Notwithstanding the above, if any provision(s) in this Agreement, including a provision(s) in any amendment hereto, changes the total amount of Compensation due to any Broker from the total amount of Compensation said ▇▇▇▇▇▇ has previously agreed to in writing, then such change to the Broker’s Compensation shall only be binding if the Broker impacted by such change consents to the same in writing. If a Buyer’s Broker Compensation Agreement (F259) is attached as an exhibit to this Agreement, this Agreement shall not be enforceable unless this Agreement is signed by the Broker paying or receiving Compensation thereunder or such Buyer’s Broker Compensation Agreement has been initialed, by the Broker(s) paying or receiving Compensation thereunder, and, in cases where the Seller’s Broker is sharing a portion of its Compensation with the Buyer’s Broker, the Seller’s Broker. (7) If Broker has written any special stipulations herein, the party for whom such special stipulations were written: a) confirms that each such stipulation fully and accurately reflects that party’s intentions; b) accepts each special stipulation as if it were written by such party; and c) hereby agrees to indemnify and hold ▇▇▇▇▇▇ who prepared the stipulation harmless from any and all claims, causes of action, suits, and damages arising out of or relating to such special stipulation. (8) If Broker answers a question of Buyer or otherwise describes some aspect of the Property or the transaction, ▇▇▇▇▇▇ is doing so based upon information provided by Seller rather than the independent knowledge of Broker (unless ▇▇▇▇▇▇ makes an independent written disclosure to the contrary).