AGREEMENT; ORDER OF PRECEDENCE. In the event of a conflict in the provisions of the Agreement, as accepted by the State and as they may be amended, the following shall prevail in the order set forth below:
AGREEMENT; ORDER OF PRECEDENCE. The Agreement governs the use by Customer and its Users of the Dynatrace Offerings. Each Order Form that incorporates this Master Subscription Agreement will constitute a separate Agreement and govern its own subject-matter and not any other subject-matter of this Master Subscription Agreement. In the event of a conflict between an Order Form and this Master Subscription Agreement, this Master Subscription Agreement will take precedence, except for (a) any matter that this Master Subscription Agreement expressly permits to be established or modified in an Order Form or SOW, or (b) any specific provision in an Order Form or SOW that expresses an intent to supersede a specified provision in this Master Subscription Agreement.
AGREEMENT; ORDER OF PRECEDENCE. 1.2.1 This Agreement comprises the following parts:
(A) The Program Guide;
(B) these agreement terms;
(C) the attached Schedules, if any;
(D) the terms and conditions, rules or documents incorporated by reference in this Agreement.
1.2.2 If there is any inconsistency between any of the above parts, then the part listed earlier will prevail (to the extent of the inconsistency) over a part listed earlier.
AGREEMENT; ORDER OF PRECEDENCE. 35.1 In the event of an inconsistency between provisions of this Agreement, the inconsistency shall be resolved by giving precedence in the following order:
a. The Agreement’s Provisions including any Attachments,
b. Agreement Modifications, if any,
c. Each Applicable Job Order, d. Any Applicable Drawings, and
d. Any Applicable Specifications.
AGREEMENT; ORDER OF PRECEDENCE. The Agreement governs the use by Customer and its Users of the Dynatrace Offerings. Customer may authorize its Affiliates to execute Order Forms and/or SOWs incorporating this Master Subscription Agreement; when accepted by Dynatrace, the Affiliate becomes a Customer hereunder with respect to such Order Forms. Each Order Form that incorporates this Master Subscription Agreement will constitute a separate Agreement and govern its own subject-matter and not any other subject-matter of this Master Subscription Agreement. In the event of a conflict between an Order Form and this Master Subscription Agreement, this Master Subscription Agreement will take precedence, except for (a) any matter that this Master Subscription Agreement expressly permits to be established or modified in an Order Form or SOW, or (b) any specific provision in an Order Form or SOW that expresses an intent to supersede a specified provision in this Master Subscription Agreement.
AGREEMENT; ORDER OF PRECEDENCE. The Agreement governs the use by Customer and its Users of the subject Service. In the event of a conflict between a Purchase Certificate and the Terms, the Terms will take precedence, except for any matter that the Terms expressly permit to be established or modified in an Purchase Certificate. Customer agrees that the terms of this Agreement supersede the terms of any purchase order issued by Customer.
AGREEMENT; ORDER OF PRECEDENCE. The Agreement governs the use by Customer and its Users of the Dynatrace Offerings. In the event of a conflict between an Order Form and the End-User Terms, the Order Form will take precedence..
AGREEMENT; ORDER OF PRECEDENCE. The Master Agreement shall consist of the following documents:
1. A Participating Entity’s Participating Addendum (“PA”);
2. Minnesota WSCA-NASPO Master Agreement (includes negotiated Terms and Conditions)
3. The Solicitation; and 4 Accepted portions of the Contract Vendor's response to the Solicitation, as modified in any proposal revisions (if permitted) These documents shall be read to be consistent and complementary. Any conflict among these documents shall be resolved by giving priority to these documents in the order listed above. Contract Vendor terms and conditions that apply to this Master Agreement are only those that are expressly accepted by the Lead State and must be in writing and attached to this Master Agreement as an Exhibit or Attachment. No other terms and conditions shall apply, including terms and conditions listed in the Contract Vendor’s response to the Solicitation, or terms listed or referenced on the Contract Vendor's website, in the Contract Vendor quotation/sales order or in similar documents subsequently provided by the Contract Vendor. The solicitation language prevails unless a mutually agreed exception has been negotiated. IBM has read the Order of Precedence and proposes to add the following to the end of #4: “and incorporated into either the PA or Master Agreement as appropriate.” Beginning with the paragraph, “These documents shall be read…”, IBM proposes to add the following statement: “IBM licensing agreements contain references to the IBM website for certain licensing terms.”
AGREEMENT; ORDER OF PRECEDENCE. The Agreement governs the use by Customer and its Users of the Dynatrace Offerings. Each Order Form that incorporates these End-User Terms will constitute a separate Agreement, and govern its own subject-matter and not any other subject-matter of these Terms. In the event of a conflict between an Order Form and the End-User Terms, the End-User Terms will take precedence, except for (a) any matter that these End-User Terms expressly permit to be established or modified in an Order Form or SOW, or (b) any specific provision in an Order Form that expresses an intent to supersede a specified provision in these End-User Terms. Customer agrees that the terms of this Agreement supersede the terms of any purchase order issued by Customer to accept a Dynatrace quote or for Dynatrace Offerings provided under an Order Form or under this Agreement.
AGREEMENT; ORDER OF PRECEDENCE. The Master Agreement shall consist of the following documents:
1. A Participating Entity’s Participating Addendum (“PA”);
2. WSCA-NASPO Master Agreement Terms and Conditions;
3. The Statement of Work;
4. The Solicitation; and
5. Contractor's response to the Solicitation. These documents shall be read to be consistent and complementary. Any conflict among these documents shall be resolved by giving priority to these documents in the order listed above. Contractor terms and conditions that apply to this Master Agreement are only those that are expressly accepted by the Lead State and must be in writing and attached to this Master Agreement as an Exhibit or Attachment. No other terms and conditions shall apply, including terms and conditions listed in the Contractor’s response to the Solicitation, or terms listed or referenced on the Contractor's website, in the Contractor quotation/sales order or in similar documents subsequently provided by the Contractor.
