Ambiguities and Inconsistencies. Either Party shall notify the other Party as soon as it becomes aware of any ambiguity or inconsistency in or between the documents forming part of this Agreement or inconsistency in such documents and comments made by the Principal about the Service provided by the Service Provider. The Principal shall have the absolute and exclusive discretion in resolving any such ambiguity or inconsistency.
Ambiguities and Inconsistencies. Either Party shall notify the other Party as soon as it becomes aware of any ambiguity or inconsistency in or between the documents or information forming part of this Agreement or inconsistency in such documents, information and comments made by the Principal under Clause 7.2, 7.3, 7.4 and 7.
Ambiguities and Inconsistencies. 17.1 The Service Manager or the Contractor notifies the other as soon as either becomes aware of an ambiguity or inconsistency in or between the documents which are part of this contract. The Service Manager gives an instruction resolving the ambiguity or inconsistency.
Ambiguities and Inconsistencies. Where there is a question with regard to applicable regulations for a particular aspect of the Development or with regard to clarification, interpretation, or definition of terms or regulations, and there are no apparent express provisions of Documents that apply, City, in the reasonable exercise of its discretion, shall determine the regulations of City’s Zoning Ordinance, as that Ordinance may have been amended, or other City ordinances that are applicable, provided such determination is not inconsistent with the nature and intent of Documents. In the event of a conflict or inconsistency between two or more provisions of Documents, or between Documents and applicable City ordinances, the more restrictive provision, as determined in the reasonable discretion of City, shall apply.
Ambiguities and Inconsistencies. (a) Subject to clause 1.5(d), the documents comprising this Agreement will comprise one instrument and must be read as such so as to avoid ambiguity, inconsistency and conflict. In particular, no general obligation set out in this Agreement will be read down on account of a more specific obligation being set out elsewhere in this Agreement.
(b) If a Party discovers any ambiguity, discrepancy or inconsistency between any of the provisions of this Agreement (including any schedule, annexure, attachment or exhibit to this Agreement) or any other document or standard expressly incorporated into this Agreement, the Party which makes the discovery must promptly Notify the other Party of this and the interpretation and construction that the relevant Party proposes to follow (in compliance with this clause 1.5).
(c) Where any inconsistency, ambiguity or discrepancy cannot be otherwise resolved in accordance with clause 1.5(a), the terms of the documents comprising this Agreement will be constructed by applying the following order of precedence (from highest to lowest):
(1) this Agreement (excluding any schedule, annexure, attachment or exhibit to this Agreement and any other document or standard expressly incorporated into this Agreement);
(2) any schedule, annexure, attachment or exhibit to this Agreement; and
(3) any other document or standard expressly incorporated into this Agreement.
(d) If any ambiguity, inconsistency or conflict of obligations exists or arises between this Agreement and the PPA Direct Agreement, as between the “Security Agent” (as that term is defined in the PPA Direct Agreement) and the Buyer, then the terms of PPA Direct Agreement will take precedence over this Agreement and will apply to resolve that ambiguity, inconsistency or conflict.
(e) The Seller is not entitled to any additional costs by reason of complying with this clause 1.5.
Ambiguities and Inconsistencies. (a) If the NOPs discover any ambiguity, discrepancy or inconsistency between any of the provisions of this Agreement and any other document expressly incorporated into this Agreement:
(i) they will notify the Owner of this in writing; and
(ii) the Owner will direct the NOPs as to the interpretation to be followed by the NOPs in performing their obligations under this Agreement.
(b) If the Owner discovers any ambiguity, discrepancy or inconsistency between any of the provisions of this Agreement and any other document expressly incorporated into this Agreement, the Owner will direct the NOPs as to the interpretation to be followed by the NOPs in performing their obligations under this Agreement.
Ambiguities and Inconsistencies. (a) If the Proponent discovers any ambiguity, discrepancy or inconsistency between any of the provisions of this Agreement and any other document expressly incorporated into this Agreement or the Alliance Development Phase Request for Proposals:
(i) it will notify the Owner of this in writing; and
(ii) the Owner will direct the Proponent as to the interpretation to be followed by the Proponent in performing its obligations under this Agreement.
(b) If the Owner discovers any ambiguity, discrepancy or inconsistency between any of the provisions of this Agreement and any other document expressly incorporated into this Agreement or the Alliance Development Phase Request for Proposals, the Owner will direct the Proponent as to the interpretation to be followed by the Proponent in performing its obligations under this Agreement.
(c) The Proponent is not entitled to any additional costs by reason of a direction from the Owner under this Section 1.4.
Ambiguities and Inconsistencies. (a) If the Proponent discovers any ambiguity, discrepancy or inconsistency between any of the provisions of this Agreement or any other document expressly incorporated into this Agreement:
(1) it must notify the Project Owner of this in writing; and
(2) the Project Owner will direct the Proponent as to the interpretation to be followed by the Proponent in performing its obligations under this Agreement.
(b) If the Project Owner discovers any ambiguity, discrepancy or inconsistency between any of the provisions of this Agreement or any other document expressly incorporated into this Agreement, the Project Owner will direct the Proponent as to the interpretation to be followed by the Proponent in performing its obligations under this Agreement.
(c) The Proponent is not entitled to any additional costs by reason of a direction from the Project Owner under this clause 1.4.
Ambiguities and Inconsistencies. (a) The following descending order of precedence applies in the event of any ambiguity, discrepancy or inconsistency between any of the provisions of this Agreement or any other document or standard expressly incorporated into this Agreement:
(i) this Agreement (excluding the Schedules); and
(ii) Schedules 1 to 7 of this Agreement.
(b) If a party discovers any ambiguity, discrepancy or inconsistency of this Agreement or any other document or standard expressly incorporated into this Agreement:
(i) the party which makes the discovery shall promptly notify the other party of this in writing; and
(ii) the Owner will direct the Operations Consultancy Service Provider as to the interpretation to be followed by the Operations Consultancy Service Provider in performing the Operations Consultancy Service Provider’s obligations under this Agreement, without prejudice to either party’s right to refer the content of that interpretation, or the meaning of the ambiguity, discrepancy or inconsistency for determination in accordance with clause 21.
(c) The Operations Consultancy Service Provider in not entitled to any additional costs by reason of the Owner’s direction under Clause 1.3(b).
Ambiguities and Inconsistencies. 18.1 The Contract Manager or the Provider notifies the other as soon as either becomes aware of an ambiguity or inconsistency in or between the documents which are part of this contract. The Commissioner resolves the ambiguity or inconsistency taking into account clause 12.3 so far as it applies.
18.2 The Provider notifies the Contract Manager as soon as he considers that the Service Information requires him to do anything which is illegal or impossible. If the Contract Manager requests, the Provider submits proposals for overcoming the illegality or impossibility to the Contract Manager within the period for reply. The Commissioner decides how the illegality or impossibility is to be overcome and what (if any) changes are required to the Service Information and the Contract Manager notifies the Provider of the Commissioner’s decision.
