Common use of Conflicting Provisions/Order of Precedence Clause in Contracts

Conflicting Provisions/Order of Precedence. The Contract Documents are intended to be complementary and a requirement shown in one Contract Document is intended to be as binding as if included in all Contract Documents. In the event of any conflict or inconsistency between or among the Contract Documents, such conflict shall be resolved in accordance with the following order of precedence: (1) All written modifications and amendments to this Agreement; (2) This Agreement, exclusive of the Appendices; (3) Approved exceptions to RFP Documents as contained and identified in Design-Builder’s Proposal (as negotiated with Owner); (4) RFP Documents (5) Construction Documents prepared and approved in accordance with Section 3.3.6 of this Agreement; (6) Design-Builder’s Proposal (as negotiated with Owner); (7) Design-Builder’s Statement of Qualifications dated Month XX, 0000; (8) All other Appendices to this Agreement. Either Party, upon becoming aware of any conflict or inconsistency between or among any of the Contract Documents, shall promptly notify the other Party in writing of such conflict or inconsistency, with the resolution of such conflict or inconsistency to be made by Owner and provided to Design-Builder in writing. If Design-Builder disagrees with Owner’s means of resolution of a conflict or inconsistency, it shall have the right to proceed in accordance with the provisions of Section 8.6.

Conflicting Provisions/Order of Precedence. The Contract Documents are intended to be complementary and a requirement shown in one Contract Document is intended to be as binding as if included in all Contract Documents. In the event of any conflict or inconsistency between or among the Contract Documents, such conflict shall be resolved in accordance with the following order of precedence: (1) All written modifications and amendments to this Agreement; (2) This Agreement, exclusive of the Appendices; (3) Approved exceptions to RFP Documents as contained and identified in Design-Builder’s Proposal (as negotiated with Owner); (4) RFP Documents (5) Construction Documents prepared and approved in accordance with Section 3.3.6 of this Agreement; (6) Design-Builder’s Proposal (as negotiated with Owner); (7) Design-Builder’s Statement of Qualifications dated Month XXAugust 18, 00002016; (8) All other Appendices to this Agreement. Either Party, upon becoming aware of any conflict or inconsistency between or among any of the Contract Documents, shall promptly notify the other Party in writing of such conflict or inconsistency, with the resolution of such conflict or inconsistency to be made by Owner and provided to Design-Builder in writing. If Design-Builder disagrees with Owner’s means of resolution of a conflict or inconsistency, it shall have the right to proceed in accordance with the provisions of Section 8.6.