Common use of CONFLICT IN DOCUMENTS Clause in Contracts

CONFLICT IN DOCUMENTS. 2.1 In the event of ambiguities, conflicts or inconsistencies between or among this Lender’s Direct Agreement, the Project Agreement the Construction Contract and the Limited Assignment of Construction Contract, this Lender’s Direct Agreement shall prevail. Notwithstanding the foregoing, if there is any right or remedy in favour of Hospital set out in this Lender’s Direct Agreement or any part thereof which is not set out or provided for in the Construction Contract, such additional right or remedy shall not constitute an ambiguity, conflict or inconsistency. Notwithstanding any provision of any other Implementing Agreement, including section 2.5(a)(iii) of the Project Agreement, no review by Hospital of the Lending Agreements shall constitute an acceptance in or acquiescence to any of the Lending Agreements or any term or condition thereof by Hospital and this Lender’s Direct Agreement, the Project Agreement and the Construction Contract shall not be subject to any of the terms and conditions of the Lending Agreements.

Appears in 4 contracts

Samples: Direct Agreement, Lender’s Direct Agreement, Project Agreement

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CONFLICT IN DOCUMENTS. 2.1 In the event of ambiguities, conflicts or inconsistencies between or among this Lender’s Direct Agreement, the Project Agreement Agreement, the Construction Contract and the Limited Assignment of Construction Contract, this Lender’s Direct Agreement shall prevail. Notwithstanding the foregoing, if there is any right or remedy in favour of Hospital set out in this Lender’s Direct Agreement or any part thereof which is not set out or provided for in the Construction Contract, such additional right or remedy shall not constitute an ambiguity, conflict or inconsistency. Notwithstanding any provision of any other Implementing Agreement, including section 2.5(a)(iii) of the Project Agreement, no review by Hospital of the Lending Agreements shall constitute an acceptance in or acquiescence to any of the Lending Agreements or any term or condition thereof by Hospital and this Lender’s Direct Agreement, the Project Agreement and the Construction Contract shall not be subject to any of the terms and conditions of the Lending Agreements.

Appears in 2 contracts

Samples: Lender’s Direct Agreement, Project Agreement

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