CONFLICTING TERMS OR CONDITIONS Sample Clauses

CONFLICTING TERMS OR CONDITIONS. In the event of any conflict in the terms or conditions set forth in any other agreements in place between the parties hereto and the terms and conditions set forth in this Agreement, the terms and conditions set forth herein shall have priority.
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CONFLICTING TERMS OR CONDITIONS. In the event of any conflict in the terms and conditions set forth in any other agreements in place between the parties hereto and the terms and conditions of this MOU, the terms and conditions set forth herein shall have priority.
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CONFLICTING TERMS OR CONDITIONS. In the event of any conflict between the express terms and conditions of this Agreement and the Site’s Terms of Use, this Agreement shall govern. In the event of any conflict between this Agreement and any Third Party Terms, the Third Party Terms shall govern solely with respect to the Third Party Data to which they apply. Developer understand that Third Party Data, if any, is only licensed herein to the extent Affymetrix has the legal right to do so, and any restriction herein on Developer’s use of Third Party Data is not intended to, and shall not, limit any rights to Third Party Data expressly granted to Developer by any Third Party Terms. Developer is solely responsible for complying with all Third Party Terms. Where the Software and/or Data are used in connection with an Affymetrix product or service, the licenses granted in this Agreement are subject to any license limitations or other restrictions in Affymetrix’ terms and conditions governing the use of such product or service. Developer agrees that any additional or different terms contained in Developer’s purchase orders or similar forms shall have no force or effect with respect to the subject matter of this Agreement.
Sample 1
CONFLICTING TERMS OR CONDITIONS. In the event of any conflict in the terms or conditions set forth in any other agreements in place between the parties hereto and the terms and conditions set forth in paragraphs 1 through 39 of this Agreement, paragraphs 1 through 39 of this Agreement shall have priority.
Sample 1

Related to CONFLICTING TERMS OR CONDITIONS

  • CONFLICTING TERMS In the event of a conflict between the terms of the contract (including any and all attachments thereto and amendments thereof) and the terms of this Appendix A, the terms of this Appendix A shall control.

  • Conflicting or Additional Terms In the event that conflicting or additional terms in Vendor Software License Agreements, Shrink/Click Wrap License Agreements, Service Agreements or linked or supplemental documents amend or diminish the rights of DIR Customers or the State, such conflicting or additional terms shall not take precedence over the terms of this Contract. In the event of a conflict, any linked documents may not take precedence over the printed or referenced documents comprising this contract; provided further that any update to such linked documents shall only apply to purchases or leases of the associated Vendor product or service offering after the effective date of the update; and, provided further, that, if Vendor has responded to a solicitation or request for pricing, no update of such linked documents on or after the initial date of Vendor’s initial response shall apply to that purchase unless Vendor directly informs Customer of the update before the purchase is consummated. In the event that different or additional terms or conditions would otherwise result from accessing a linked document, agreement to said linked document shall not be effective until reviewed and approved in writing by Customer’s authorized signatory. Vendor shall not [without prior written agreement from Customer’s authorized signatory,] require any document that: 1) diminishes the rights, benefits, or protections of the Customer, or that alters the definitions, measurements, or method for determining any authorized rights, benefits, or protections of the Customer; or 2) imposes additional costs, burdens, or obligations upon Customer, or that alters the definitions, measurements, or method for determining any authorized costs, burdens, or obligations upon Customer. If Vendor attempts to do any of the foregoing, the prohibited documents will be void and inapplicable to the contract between DIR and Vendor or Vendor and Customer, and Vendor will nonetheless be obligated to perform the contract without regard to the prohibited documents, unless Customer elects instead to terminate the contract, which in such case may be identified as a termination for cause against Vendor. The foregoing requirements apply to all contracts, including, but not limited to, contracts between Customer and a reseller who attempts to pass through documents and obligations from its Manufacturer of Publisher.