Conflicting Terms definition

Conflicting Terms. If there is a conflict among the terms in the various documents, those of an Attachment prevail over those of this Agreement. The terms of a Transaction Document prevail over those of both of these documents. DYNCOM'S ACCEPTANCE OF YOUR ORDER: A Product or Service becomes subject to this Agreement when DynCom accepts your order by doing any of the following:
Sample 1
Conflicting Terms. The credit agreement governing any designated line of credit protecting account may also contain provisions relating to Overdraft Transfer Service. In the event of a conflict involving Overdraft Transfer Service, the provisions of any applicable credit agreement will control, followed by the provisions of this Agreement and then the Overdraft Transfer Service Terms and Conditions. Overdraft Transfer Service is subject to change via amendments to any of these agreements, which will be communicated to you as required by law. Another Chance Alerts: If you enroll your checking account in our Overdraft Transfer Service, you may register the account for our Another Chance alerts program offered through Online Services. If you register an account for Another Chance alerts, you receive alert notifications on your mobile device or in your Message Center reminding you to make a deposit or transfer into your checking account before 5:30
Sample 1
Conflicting Terms. Notwithstanding any provision herein to the contrary, no term in Seller's or Buyer's purchase order, acknowledgment form or other document which conflicts with the terms hereof or increases Seller's or Buyer's obligations hereunder, shall be binding on either party unless accepted in writing by both parties hereunder.
Sample 1

Examples of Conflicting Terms in a sentence

  • Contractor/manufacturer is: MoSys, Inc., 0000 Xxxxxxx Xxxxx, Sunnyvale, California 94086 U.S.A. BOTH PARTIES ACKNOWLEDGE THAT THIS AGREEMENT INCLUDING THE EXHIBITS AND APPENDICES ATTACHED HERETO IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE MUTUAL UNDERSTANDING OF THE PARTIES AND SUPERSEDES AND CANCELS ALL CONFLICTING TERMS AND CONDITIONS AND ALL PREVIOUS AND CONTEMPORANEOUS WRITTEN AND ORAL AGREEMENTS AND COMMUNICATIONS RELATING TO THE SUBJECT MATTER HEREOF.

  • THE PARTIES AGREE THAT THE EXCLUSIONS AND LIMITATIONS IN THIS ARTICLE 16 WILL PREVAIL OVER ANY CONFLICTING TERMS AND CONDITIONS IN THIS AGREEMENT OR ANY PURCHASE ORDER EXECUTED HEREUNDER AND MUST BE GIVEN FULL FORCE AND EFFECT, WHETHER OR NOT ANY OR ALL SUCH REMEDIES ARE DETERMINED TO HAVE FAILED OF THEIR ESSENTIAL PURPOSE.

  • CUSTOMER AGREES THAT THESE TERMS WILL CONTROL OVER ANY CONFLICTING TERMS ON ANY CUSTOMER PURCHASE ORDER.

  • THE TERMS AND CONDITIONS OF THIS AGREEMENT ARE FULLY APPLICABLE TO THE GOVERNMENT'S USE AND DISCLOSURE OF THE SOFTWARE AND DOCUMENTATION, AND SHALL SUPERSEDE ANY CONFLICTING TERMS OR CONDITIONS.

  • THE TERMS OF THESE TERMS AND CONDITIONS SHALL SUPERSEDE ANY ADDITIONAL, DIFFERENT OR CONFLICTING TERMS PROPOSED BY BUYER OR CONTAINED ON BUYER’S PURCHASE ORDER OR ANY DOCUMENT OR INSTRUMENT SUBMITTED BY BUYER.

  • THE PARTIES AGREE THAT THE EXCLUSIONS AND LIMITATIONS IN THIS ARTICLE 12 WILL PREVAIL OVER ANY CONFLICTING TERMS AND CONDITIONS IN THIS AGREEMENT AND MUST BE GIVEN FULL FORCE AND EFFECT, WHETHER OR NOT ANY OR ALL SUCH REMEDIES ARE DETERMINED TO HAVE FAILED OF THEIR ESSENTIAL PURPOSE.

  • LICENSEE CUSTOMER AGREES THAT THESE TERMS WILL CONTROL OVER ANY CONFLICTING TERMS ON ANY LICENSEE CUSTOMER PURCHASE ORDER.

  • IT IS AGREED AS FOLLOWS: Interpretation Facility Definitions ALL CAPITALISED TERMS USED HEREIN WITHOUT DEFINITION SHALL HAVE THE RESPECTIVE MEANINGS ASCRIBED TO THEM IN THE CREDIT FACILITY AGREEMENT AND OR THE INDENTURE AGREEMENT AND OR THE INTERCREDITOR AGREEMENT (IN CASE OF CONFLICTING TERMS THE INTERCREDITOR AGREEMENT WILL GOVERN).

  • BOTH PARTIES ACKNOWLEDGE THAT THIS AGREEMENT INCLUDING THE EXHIBITS AND APPENDICES ATTACHED HERETO IS THE COMPLETE AND EXCLUSIVE STATE- MENT OF THE MUTUAL UNDERSTANDING OF THE PARTIES AND SUPERSEDES AND CANCELS ALL CONFLICTING TERMS AND CONDITIONS AND ALL PREVIOUS AND CONTEMPORANEOUS WRITTEN AND ORAL AGREEMENTS AND COMMUNICATIONS RELATING TO THE SUBJECT MATTER HEREOF, INCLUDING ANY TERMS AND CONDITIONS THAT MAY BE INDICATED IN ANY LICENSEE PURCHASE ORDER.

  • CONFLICTING TERMS If there is a conflict among the terms in the various documents, those of a Profile prevail over those of the Surplus PC Reseller General Terms.

Related to Conflicting Terms

  • Existing Term Loans has the meaning specified in Section 2.16(a).

  • Existing Term Loan has the meaning specified in Section 2.01(b).

  • Third Party Terms means, if any, the end user license agreement(s) or similar terms for the Third Party Software, as applicable and attached as Exhibit D.

  • Remaining Term Interest means, with respect to any Note, the aggregate amount of scheduled payment(s) of interest on such Note for the remaining term of such Note determined on the basis of the rate of interest applicable to such Note from and including the date on which such Note is to be redeemed by the Issuer pursuant to this Condition.

  • Use Terms means the Software Use Rights document as defined in the Order Form.

  • Other Definitional Provisions set forth in Section 1.2 of the Basic Servicing Agreement are incorporated by reference into this 2017-3 Servicing Supplement.

  • Existing Term Loan Agreement means that certain Term Loan Credit Agreement dated as of October 22, 2010 by and among Holdings, the Company, as borrower, the Subsidiary Guarantors, the lenders party thereto from time to time and Xxxxx Fargo Bank, National Association, as administrative agent and collateral agent, as amended, restated, supplemented or otherwise modified from time to time.

  • Definitions In this Agreement:

  • Defined Terms As used herein:

  • Product Terms means the document that provides information about Microsoft Products and Professional Services available through volume licensing. The Product Terms document is published on the Licensing Site and is updated from time to time.

  • Special Terms means the Section of the Contract entitled “Special Terms” that contains terms specific to this Contract, including but not limited to the Scope of Work and contract payment terms. If there is a conflict between the General Terms for Services Contracts and the Special Terms, the Special Terms shall prevail.

  • a term's notice means written notice given not later than the first day of the term preceding the term to which the notice relates;

  • Material Terms means (i) for Designated FX Transactions, the Settlement Date, amounts of each currency to be delivered by each party, and any other terms considered material in the market, (ii) for Designated Option Transactions, the amounts of each currency, the style (e.g., American or European) of option, the strike price, premium, expiration date, and any other terms considered material in the market, (iii) for Designated Bullion Trade Transactions, the Trade Date, Purchaser, Seller, Bullion, number of Ounces, Contract Price, Value Date, and any other material terms and (iv) for Designated Bullion Option Transactions, Trade Date, Buyer, Seller, Bullion, number of Ounces, style, type, Strike Price, Expiration Date, Settlement Date, Premium, Premium Payment Date, and any other material terms (terms used in subsection (iii) and (iv) in this definition have the means set forth in the 2005 ISDA Commodity Definitions).

  • URL Terms means the terms with which Customer must comply, which are located at a URL, referenced in this Agreement and are hereby incorporated by reference.

  • Precedence The Contract documents consist of this Contract and its exhibits and attachments. In the event of a conflict between or among the Contract documents, the order of precedence shall be the provisions of the main body of this Contract, i.e., those provisions set forth in the recitals and articles of this Contract, and then the exhibits and attachments.

  • Other Applicable Provisions To the extent Dealer is obligated to deliver Shares under any Transaction, the provisions of Sections 9.2 (last sentence only), 9.8, 9.9, 9.10, 9.11 and 9.12 of the Equity Definitions will be applicable as if “Physical Settlement” applied to such Transaction; provided that the Representation and Agreement contained in Section 9.11 of the Equity Definitions shall be modified by excluding any representations therein relating to restrictions, obligations, limitations or requirements under applicable securities laws that exist as a result of the fact that Counterparty is the issuer of the Shares.

  • Commercial Terms means this Agreement excluding the Purchase Order;

  • laws relating to native title means laws applicable from time to time in Western Australia in respect of native title and includes the NTA;

  • Existing Termination Date as defined in Section 2.18.

  • Remaining Term means the remaining period in the term of this Agreement had the Agreement not been terminated (rounded to nearest month), up to a maximum of twenty (20) years.

  • Certain Defined Terms As used in this Agreement, the term "Prospectus" means the applicable Portfolio's prospectus and related statement of additional information, whether in paper format or electronic format, included in the Portfolio's then currently effective registration statement (or post-effective amendment thereto), and any information that we or the Portfolio may issue to you as a supplement to such prospectus or statement of additional information (a "sticker"), all as filed with the Securities and Exchange Commission (the "SEC") pursuant to the Securities Act of 1933. 2.

  • Extended Terms shall have the meaning given such term in Section 2.4.

  • Restructuring Term Sheet means the term sheet attached as Exhibit A to the Restructuring Support Agreement.

  • Financial Terms means the amount of compensation to be received by Vendor as evidenced by the Contract Documents, during the contract time.

  • Standard Terms means the document titled ‘Service Agreement - Standard Terms’ version 1.1, published on the website at xxxx://xxx.xxx.xxx.xxx.xx or such other website as We may from time to time notify You, as updated or replaced from time to time in accordance with clause 1.2(d)