Common use of Priority of agreements and errors Clause in Contracts

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; and 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). (ii) Subject to the provisions of Clause 1.4 (i), in case of ambiguities or discrepancies Draft Contract AgreementPage 24 of 142 Construction & Up gradation to 2 lane with paved shoulder from Design Km. 31.449 to Km 51.700 of Khellani-Khanabal Section on NH-244 (Pkg-I) Nov 2020 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 shallprevail; (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. 1.5

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 orderfollowingorder: (a) this Agreement; and all Agreement;andall 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). Contract AgreementPage 28 of 154 “Construction of Four Lane Panchgram Bypass from Design Chainage km 15+500 on NH-37 (Old NH-53) at Kalinagar Pt.-II Village to Design Chainage km 27+300 at crossing with NH-6 (Old NH-44) Near Xxxxxxxxx Pt.-I Village in the State of Assam on EPC Mode under Bharatmala Pariyojana in Economic Corridors (Project Length – 11.8 km)” (4th Call) Mar 2023 (ii) Subject to the provisions of Clause 1.4 (i), in case of ambiguities or discrepancies Draft Contract AgreementPage 24 of 142 Construction & Up gradation to 2 lane with paved shoulder from Design Km. 31.449 to Km 51.700 of Khellani-Khanabal Section on NH-244 (Pkg-I) Nov 2020 within this Agreement, the following shall applyshallapply: (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 prevailshallprevail; (c) between any two Schedules, the Schedule relevant to the issue shallprevail; (d) between the written description on the Drawings and the Specifications and Standards, the latter shall prevailshallprevail; (e) between the dimension scaled from the Drawing and its specific written dimension, the latter shall prevail; and prevail;and (f) between any value written in numerals and that in words, the latter shall prevail. 1.5

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 orderfollowingorder: (a) this Agreement; and all Agreement;andall 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). Contract AgreementPage 29 of 153 “Widening / Improvement to 4 (Four) Lane with Paved Shoulder configuration of existing single lane road from Kachukhana Harichara Paglagaunj to Dhubri - Phulbari Bridge approach (Package-II) of Srirampur - Dhubri Section of NH-127B from existing Km 28.050 to Km 55.060 (Design Km 27.650 to Km 54.154), (Design Length=26.504 Km) on EPC Mode in the State of Assam under JICA - ODA loan assistance.” Mar 2022 (ii) Subject to the provisions of Clause 1.4 (i), in case of ambiguities or discrepancies Draft Contract AgreementPage 24 of 142 Construction & Up gradation to 2 lane with paved shoulder from Design Km. 31.449 to Km 51.700 of Khellani-Khanabal Section on NH-244 (Pkg-I) Nov 2020 within this Agreement, the following shall applyshallapply: (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 prevailshallprevail; (c) between any two Schedules, the Schedule relevant to the issue shallprevail; (d) between the written description on the Drawings and the Specifications and Standards, the latter shall prevailshallprevail; (e) between the dimension scaled from the Drawing and its specific written dimension, the latter shall prevail; and prevail;and (f) between any value written in numerals and that in words, the latter shall prevail. 1.5

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; and 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). (ii) Subject to the provisions of Clause 1.4 (i), in case of ambiguities or discrepancies Draft Contract Concession AgreementPage 24 27 of 142 Construction & Up gradation to 2 lane with paved shoulder from Design Km. 31.449 to Km 51.700 of Khellani-Khanabal Section on NH-244 (Pkg-I) 145 Nov 2020 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 shallprevail; (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. 1.5

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 orderfollowingorder: (a) this Agreement; and all Agreement;andall 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). Contract AgreementPage 28 of 159 “Widening/Improvement to 4 (Four) Lane with Paved Shoulder from Km 146+230 to Km 157+460 (Design Chainage 145+712 to Km 156+502) of Dillai to Lahorijan (Package - 7) of NH-29 in the State of Assam on EPC Mode under NH(O)-NE . April 2022 (ii) Subject to the provisions of Clause 1.4 (i), in case of ambiguities or discrepancies Draft Contract AgreementPage 24 of 142 Construction & Up gradation to 2 lane with paved shoulder from Design Km. 31.449 to Km 51.700 of Khellani-Khanabal Section on NH-244 (Pkg-I) Nov 2020 within this Agreement, the following shall applyshallapply: (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 prevailshallprevail; (c) between any two Schedules, the Schedule relevant to the issue shallprevail; (d) between the written description on the Drawings and the Specifications and Standards, the latter shall prevailshallprevail; (e) between the dimension scaled from the Drawing and its specific written dimension, the latter shall prevail; and prevail;and (f) between any value written in numerals and that in words, the latter shall prevail. 1.5

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 orderfollowingorder: (a) this Agreement; and all Agreement;andall 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). Contract AgreementPage 28 of 159 “Four Laning of Jhanji to Demow from Km. 491.050 to Km. 535.250 of NH-37 in the state of Assam under SARDP on Engineering Procurement and Construction (EPC) Mode. April 2022 (ii) Subject to the provisions of Clause 1.4 (i), in case of ambiguities or discrepancies Draft Contract AgreementPage 24 of 142 Construction & Up gradation to 2 lane with paved shoulder from Design Km. 31.449 to Km 51.700 of Khellani-Khanabal Section on NH-244 (Pkg-I) Nov 2020 within this Agreement, the following shall applyshallapply: (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 prevailshallprevail; (c) between any two Schedules, the Schedule relevant to the issue shallprevail; (d) between the written description on the Drawings and the Specifications and Standards, the latter shall prevailshallprevail; (e) between the dimension scaled from the Drawing and its specific written dimension, the latter shall prevail; and prevail;and (f) between any value written in numerals and that in words, the latter shall prevail. 1.5

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 orderfollowingorder: (a) this Agreement; and all Agreement;andall 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). Contract AgreementPage 28 of 152 “Construction of Four Lane Panchgram Bypass from Design Chainage km 15+500 on NH-37 (Old NH-53) at Kalinagar Pt.-II Village to Design Chainage km 27+300 at crossing with NH-6 (Old NH-44) Near Xxxxxxxxx Pt.-I Village in the State of Assam on EPC Mode under Bharatmala Pariyojana in Economic Corridors (Project Length – 11.8 km)” (3rd Call) Mar 2023 (ii) Subject to the provisions of Clause 1.4 (i), in case of ambiguities or discrepancies Draft Contract AgreementPage 24 of 142 Construction & Up gradation to 2 lane with paved shoulder from Design Km. 31.449 to Km 51.700 of Khellani-Khanabal Section on NH-244 (Pkg-I) Nov 2020 within this Agreement, the following shall applyshallapply: (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 prevailshallprevail; (c) between any two Schedules, the Schedule relevant to the issue shallprevail; (d) between the written description on the Drawings and the Specifications and Standards, the latter shall prevailshallprevail; (e) between the dimension scaled from the Drawing and its specific written dimension, the latter shall prevail; and prevail;and (f) between any value written in numerals and that in words, the latter shall prevail. 1.5

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 orderfollowingorder: (a) this Agreement; and all Agreement;andall 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). Contract AgreementPage 27 of 149 “Development and Up-gradation of 4 laning of Jamugurihat to end of Biswanath Chariali By-Pass from Km 182.000 to Km 208.000 of NH -52 in the state of Assam in Engineering, Procurement & Construction (EPC) basis. ” Jan 2023 (ii) Subject to the provisions of Clause 1.4 (i), in case of ambiguities or discrepancies Draft Contract AgreementPage 24 of 142 Construction & Up gradation to 2 lane with paved shoulder from Design Km. 31.449 to Km 51.700 of Khellani-Khanabal Section on NH-244 (Pkg-I) Nov 2020 within this Agreement, the following shall applyshallapply: (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 prevailshallprevail; (c) between any two Schedules, the Schedule relevant to the issue shallprevail; (d) between the written description on the Drawings and the Specifications and Standards, the latter shall prevailshallprevail; (e) between the dimension scaled from the Drawing and its specific written dimension, the latter shall prevail; and prevail;and (f) between any value written in numerals and that in words, the latter shall prevail. 1.5

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; and 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). Draft Concession AgreementPage 27 of 150 Rehabilitation and Up-gradation to 2 lane with Paved shoulder of NH-717A in Ranipool-Pakyong section from Design CH: 2.00 to CH: 6.00 (Km 3.100 to Km 7.200 of NH-717A) in the State of Sikkim on EPC Mode Feb. 2021 (ii) Subject to the provisions of Clause 1.4 (i), in case of ambiguities or discrepancies Draft Contract AgreementPage 24 of 142 Construction & Up gradation to 2 lane with paved shoulder from Design Km. 31.449 to Km 51.700 of Khellani-Khanabal Section on NH-244 (Pkg-I) Nov 2020 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 shallprevail; (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. 1.5

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 orderfollowingorder: (a) this Agreement; and all Agreement;andall 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). Contract AgreementPage 28 of 152 “Construction of Four Lane Panchgram Bypass from Design Chainage km 15+500 on NH-37 (Old NH-53) at Kalinagar Pt.-II Village to Design Chainage km 27+300 at crossing with NH-6 (Old NH-44) Near Xxxxxxxxx Pt.-I Village in the State of Assam on EPC Mode under Bharatmala Pariyojana in Economic Corridors (Project Length – 11.8 km)” (2nd Call) Feb 2023 (ii) Subject to the provisions of Clause 1.4 (i), in case of ambiguities or discrepancies Draft Contract AgreementPage 24 of 142 Construction & Up gradation to 2 lane with paved shoulder from Design Km. 31.449 to Km 51.700 of Khellani-Khanabal Section on NH-244 (Pkg-I) Nov 2020 within this Agreement, the following shall applyshallapply: (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 prevailshallprevail; (c) between any two Schedules, the Schedule relevant to the issue shallprevail; (d) between the written description on the Drawings and the Specifications and Standards, the latter shall prevailshallprevail; (e) between the dimension scaled from the Drawing and its specific written dimension, the latter shall prevail; and prevail;and (f) between any value written in numerals and that in words, the latter shall prevail. 1.5