Conflict of Documents. (a) In the event of any ambiguity, conflict or inconsistency between the provisions of this Project Agreement and the Lenders’ Direct Agreement, the provisions of the Lenders’ Direct Agreement shall prevail and govern to the extent of such ambiguity, conflict or inconsistency.
Conflict of Documents. The terms of the Finance Documents (other than as relates to the creation and/or perfection of security) are subject to the terms of this Agreement and, in the event of any conflict between any provision of this Agreement and any provision of any Finance Document (other than in relation to the creation and/or perfection of security) the provisions of this Agreement shall prevail.
Conflict of Documents. Any conflict between the terms of this Agreement and any purchase order or other document in relation to the license granted hereby shall be resolved in favor of the terms of this Agreement.
Conflict of Documents. If Purchaser and Seller have entered into a contract under which goods or services must be provided, the terms of the contract shall prevail in case of conflict between the terms of this purchase order and those of the contract. Contacts with Regulatory Agencies. Seller shall immediately notify Purchaser of any issue that needs to be reported to regulatory agencies. Purchaser shall not take retaliatory action against Seller for reports made to regulatory agencies in good faith. Attestation of capacity. By its acceptance of this purchase order, Seller represents and warrants that it is not presently under an actual or proposed probation, incapacity or suspension that would prevent or delay the performance of its obligations under this purchase order, nor has Seller been declared ineligible for the award of contracts by any federal agency and acknowledges that the foregoing is an essential condition for Purchaser.
Conflict of Documents. If there is a conflict between the provisions of this MSA and any other documents concerning the Work performed under this MSA, the order of precedence for purposes of resolution shall be: (i) this MSA, (ii) the Work Order, (iii) any other document prepared by Company and agreed to by Contractor, and (iv) any other document.
Conflict of Documents. (a) In the event of any ambiguities, conflicts or inconsistencies between this Project Agreement and the Lenders’ Direct Agreement, the Lenders’ Direct Agreement shall prevail. Notwithstanding the forgoing, if there is any right or remedy in favour of the College set out in the Lenders’ Direct Agreement or any part thereof which is not set out or provided for in the Project Agreement, such additional right or remedy shall not constitute an ambiguity, conflict or inconsistency.
Conflict of Documents. In the event of any ambiguity, conflict or inconsistency between the provisions of this Agreement and the Assigned Agreement, the provisions of this Agreement shall prevail and govern to the extent of such ambiguity, conflict or inconsistency.
Conflict of Documents. In the event of any ambiguity, conflict or inconsistency between the provisions of this Lenders’ Direct Agreement, the Project Agreement and the Construction Contractor’s Direct Agreement, the provisions of this Lenders’ Direct Agreement shall prevail and govern to the extent of such ambiguity, conflict or inconsistency.
Conflict of Documents. In the event of any ambiguities, conflicts or inconsistencies between or among the provisions of this Agreement, the Proposal, or the Market Rules, the following principles shall apply:
(a) the interpretation of this Agreement shall be purposive and liberal so as to avoid to the extent reasonably possible findings of inconsistency between this Agreement and the Market Rules;
(b) in the case of any ambiguity, conflict or inconsistency relating to the requirements of this Agreement, the provisions (including any part of the Proposal) establishing the more stringent requirements shall prevail and in the case of any ambiguity, conflict or inconsistency relating to the scope of the Regulation Service to be provided by the ASP under this Agreement, the provisions (including any part of the Proposal) establishing the broader scope of Regulation Service shall prevail;
(c) subject to Section 1.5(a), in the case of any ambiguity, conflict or inconsistency between or among the Proposal and any other provision of this Agreement, the provisions of this Agreement or the relevant part or parts thereof shall prevail unless, in its discretion, the IESO confirms that the Proposal or the relevant part or parts thereof shall prevail; and
(d) notwithstanding Sections 1.5(a), 1.5(b), and 1.5(c), the Market Rules shall prevail.
Conflict of Documents. The terms of the Finance Documents (other than as relates to the creation and/or perfection of security) are subject to the terms of this Agreement and, in the event of any conflict between any provision of this Agreement and any provision of any Finance Document (other than in relation to the creation and/or perfection of security) the provisions of this Agreement shall prevail.
2.1 The Facilities
2.1.1 the Commercial Facility Lenders agree to make available to the Borrowers a term loan facility in an aggregate amount equal to the Total Commercial Facility Commitments; and
2.1.2 the KEXIM Facility Lenders agree to make available to the Borrowers a term loan facility in an aggregate amount equal to the Total KEXIM Facility Commitments.
2.2 Finance Parties’ rights and obligations
2.2.1 The obligations of each Finance Party under the Finance Documents are several. Failure by a Finance Party to perform its obligations under the Finance Documents does not affect the obligations of any other Party under the Finance Documents. No Finance Party is responsible for the obligations of any other Finance Party under the Finance Documents.
2.2.2 The rights of each Finance Party under or in connection with the Finance Documents are separate and independent rights and any debt arising under the Finance Documents to a Finance Party from an Obligor shall be a separate and independent debt.
2.2.3 A Finance Party may, except as otherwise stated in the Finance Documents (including clauses 32.24 (All enforcement action through the Security Agent)) and 33.2 (Finance Parties acting together), separately enforce its rights under the Finance Documents.
2.3 Borrowers’ rights and obligations
2.3.1 The obligations of each Borrower under this Agreement are joint and several. Failure by a Borrower to perform its obligations under this Agreement shall constitute a failure by all of the Borrowers.
2.3.2 Each Borrower irrevocably and unconditionally jointly and severally with each other Borrower:
(a) agrees that it is responsible for the performance of the obligations of each other Borrower under this Agreement;
(b) acknowledges and agrees that it is a principal and original debtor in respect of all amounts due from the Borrowers under this Agreement; and
(c) agrees with each Finance Party that, if any obligation of another Borrower under this Agreement is or becomes unenforceable, invalid or illegal for any reason it will, as an independent and primary obligation, indemnify that Finance ...
