Contract Documents and Interpretation. It is agreed by and between the Parties that this Agreement includes the terms and provisions of this Agreement, including Exhibit A hereto and the Addendums A, B, C, D and E, attached hereto, and that the terms thereof shall be binding between the parties (the “Contract Documents”). This Agreement shall in all events be interpreted consistent with Applicable Law but in event of a conflict between the Applicable Law any term in the Contract Documents, the relevant terms of Applicable Law will control. Internally, the Contract Documents will be interpreted in a complementary manner as one document but, in event of an inconsistency or conflict, the documents shall take priority in the following order: (1) this Agreement and Addendums hereto and Exhibit A.
Contract Documents and Interpretation. (Order of Precedence). The term “Contract Documents” shall mean the documents identified below as they may be defined in the Agreement, Agreement Coversheet, and/or the General Conditions (Exhibit A), and as each may be amended or modified from time to time during the Project. The Contract Documents are listed below in order of precedence and if there is a conflict between terms of the Contract Documents, that order of precedence shall apply:
Contract Documents and Interpretation. 18.1 This Agreement constitutes the entire agreement and un- derstanding between the Parties and supersedes all prior agree- ments and understandings between the Parties with respect to the Solutions and Services. Each Party acknowledges and agrees that it does not rely on, and shall have no remedy in respect of, any promise, assurance, statement, warranty, undertaking or representation made (whether innocently or negligently) by any other party or any other person except as expressly set out in this Agreement in respect of which its sole remedy shall be for breach of contract.
18.2 A person who is not a Party to this Agreement has no right under, including under the Contracts (Rights of Third Parties) Act 1999 in England, to enforce or to enjoy the benefit of any term of this Agreement.
18.3 An effective waiver under the Agreement must be in writ- ing signed by the Party waiving its right. Hence, the failure of a Party to exercise any right or remedy to which it is entitled will not constitute a waiver of such right or otherwise cause a dimi- nution of the obligations created by the Agreement, unless ex- plicitly agreed to in writing. Furthermore, a waiver by either Party of any instance of the other Party's noncompliance with any obligation or responsibility under the Agreement will not be deemed a waiver of subsequent instances.
Contract Documents and Interpretation. 19.1 Except as expressly stated in this Agreement, all warran- ties, terms and conditions, whether express or implied by stat- ute, common law or otherwise, are excluded to the extent per- mitted by law.
19.2 This Agreement constitutes the entire agreement and un- derstanding between the Parties and supersedes all prior agree- ments and understandings between the Parties with respect to the Solutions and Services. Each Party acknowledges and agrees that it does not rely on, and shall have no remedy in respect of, any promise, assurance, statement, warranty, undertaking or representation made (whether innocently or negligently) by any other party or any other person except as expressly set out in this Agreement in respect of which its sole remedy shall be for breach of contract.
19.3 Nothing in this Clause 19 shall operate or be construed to exclude or limit any liability of any person for fraud, including fraudulent misrepresentation.
19.4 A person who is not a Party to this Agreement has no right under, including under the Contracts (Rights of Third Parties) Act 1999 in England, to enforce or to enjoy the benefit of any term of this Agreement.
19.5 An effective waiver under the Agreement must be in writ- ing signed by the Party waiving its right. Hence, the failure of a Party to exercise any right or remedy to which it is entitled will not constitute a waiver of such right or otherwise cause a dimi- nution of the obligations created by the Agreement, unless ex- plicitly agreed to in writing. Furthermore, a waiver by either Party of any instance of the other Party's noncompliance with any obligation or responsibility under the Agreement will not be deemed a waiver of subsequent instances.
Contract Documents and Interpretation. 2.1 The Agreement consists of these conditions of contract and the following Appendices: Appendix A: Drawing of the Proximity Area and planned Active Asset route Appendix B: Pre-lay survey results Appendix C: Requirements for proximity to the Affected Asset Appendix D: Contact details of Parties’ Contact Persons Appendix E: General SHE-Requirements for contractors, reference SSC 15-037, (as these may change from time to time) Appendix F: Operational SHE-Requirements for contractors offshore, reference SSC18-024, (as these may change from time to time) Appendix G: Risk Assessments for the Work
2.2 The Appendices to this Agreement form part of the Agreement and any clause which contains a reference to an Appendix shall be read as if the Appendix were set out at length in the body of the Agreement itself.
2.3 In the event of any conflict between the provisions of the Agreement documents listed in Clause 2.1, they shall apply in the following order of priority:
a. these conditions of contract;
b. Appendix E: General SHE-Requirements for contractors, reference SSC 15-037, (as these may change from time to time);
c. Appendix F: Operational SHE-Requirements offshore, reference SSC18-024, (as these may change from time to time);
d. Appendix A: Drawing of the Proximity Area and planned Active Asset route;
e. Appendix C: Requirements for proximity to the Affected Asset;
f. Appendix B: Pre-lay survey results
g. Appendix G: Risk Assessments for the Work;
h. Appendix D: Contact details for the Parties' Contact Persons.
2.4 The clause headings in this Agreement are inserted for convenience only and shall not be used for purposes of construction or interpretation.
2.5 References to a statutory provision shall include all orders and regulations made pursuant to such provisions and all modifications or re-enactments from time to time of such provisions, orders and regulations.
Contract Documents and Interpretation. 1.1 The Contract documents means one or several of the following documents: an application for entry into the Contract, an offer, the policyholder's consent to the entry into the Contract, the policy, the deed of inspection, the list of insured objects, and other documents specified in the Contract. The Contract documents are specified in the policy, unless agreed otherwise.
1.2 The insurance conditions applicable to the Contract have been specified in the policy.
1.3 Upon performance and interpretation of the Contract it shall be proceeded from the Contract as a whole. In the event of any controversies it shall first be proceeded from the policy, followed by other Contract documents, the special conditions of the insurance class, the conditions of the insurance class and, finally, the General Terms and Conditions.
1.4 Upon interpretation of the Contract the special meaning given to a definition and the Estonian version of the Contract shall prevail, unless otherwise specified in the Contract.
1.5 The governing law shall be Estonian law.
1.6 The policyholder may demand that Seesam issue a replacement policy and a transcript of the expression of will made by the policyholder in writing or in a format which can be reproduced in writing. The policyholder may also demand issuance of the data and copies of the documents pertaining to the policyholder's Contract, which are in Seesam's possession, if the policyholder proves that these affect the policyholder's rights and obligations arising from the Contract. The policyholder shall not have the right to demand issuance of the documents and data if it is in conflict with legislation.
Contract Documents and Interpretation. 20.1 A reference to (i) "includes" or "in- cluding" shall mean "includes without lim- itation" or "including without limitation", and (ii) a Party to this Agreement include a reference to its successors and permit- xxx assigns under this Agreement.
20.2 Except as expressly stated in this Agreement, all warranties, terms and conditions, whether express or implied by statute, common law or otherwise, are excluded to the extent permitted by law.
20.3 The Agreement supersedes all prior agreements and understandings between the Parties with respect to the Solutions and Services. Each Party acknowledges and agrees that it does not rely on, and shall have no remedy in respect of, any promise, assurance, statement, war- ranty, undertaking or representation made (whether innocently or negligently) by any other party or any other person except as expressly set out in this Agree- ment in respect of which its sole remedy shall be for breach of contract.
20.4 If any Product Terms apply to a So- lution or a Service, such Product Terms shall take precedence over these T&Cs.
20.5 A person who is not a Party to this Agreement has no right under, including under the Contracts (Rights of Third Par- ties) Act 1999 in England, to enforce or to enjoy the benefit of any term of this Agreement.
Contract Documents and Interpretation. 9.1. Only the documents mentioned in this Contract, are considered to be part of this Contract. In the event of conflict in terms, the following shall be the order of priority for purposes of application and interpretation of this Contract:
I. The specific provisions specified herein;
II. Annexes I through III;
III. Section II (IFAD’s General Terms and Conditions for the Procurement of Services).
IV. IFAD’s Policy on Preventing and Responding to Sexual Harassment, Sexual Exploitation and Abuse, available at: xxxxx://xxx.xxxx.xxx/documents/38711624/40738358/SEA_e_web.pdf/85275c4d-8e3f-4df0-9ed8- cebaacfab128.
V. UN Supplier Code of Conduct, available at: xxxxx://xxx.xx.xxx/Depts/ptd/about-us/un-supplier- code-conduct.
9.2. The Contractor has examined and approved this Contract and all the above relevant documents and found them equitable.
Contract Documents and Interpretation. It is agreed by and between the Parties that this Agreement includes the terms and provisions of this Agreement, including Exhibit A hereto and the Addendums A, B, C, D and E, attached hereto, and that the terms thereof shall be binding EHWZHHQ WKH SDUWLHV WKH ³&RQsWhUallDinFallWev e'ntsRbFe iXntPerpHreQteWd V´ consistent with Applicable Law but in event of a conflict between the Applicable Law any term in the Contract Documents, the relevant terms of Applicable Law will control. Internally, the Contract Documents will be interpreted in a complementary manner as one document but, in event of an inconsistency or conflict, the documents shall take priority in the following order: (1) this Agreement and Addendums hereto and Exhibit A.
Contract Documents and Interpretation. The Contract documents means one or several of the following documents: an application for entry into the Contract, an offer, the policyholder's consent to the entry into the Contract, the policy, the deed of inspection, the list of insured objects, and other documents specified in the Contract. The Contract documents are specified in the policy, unless agreed otherwise.
