Common use of Order of Preference Clause in Contracts

Order of Preference. For all purposes under this Agreement, in the event of a conflict, the order of precedence will be, (a) a Product order executed by both parties; (b) this Agreement; and (c) MaxLinear’s Terms and Conditions of Sale. No terms, provisions or conditions of any Distributor purchase order, acknowledgement or other business form that Distributor may use in connection with this Agreement shall have any effect on the rights, duties or obligations of the parties under, or otherwise modify, this Agreement, regardless of any failure of MaxLinear to object to such terms, provisions or conditions.