Controlling Agreements. Manager has received copies of (and will be provided with copies of future) applicable articles of incorporation, agreements of limited partnership, joint venture agreements, operating agreements, loan agreements, deeds of trust or mortgages, each as may be amended from time to time, of Owner (the “Controlling Agreements”) and is and will be familiar with the terms thereof. Manager shall use reasonable care to avoid any act or omission that, in the performance of its duties hereunder, shall in any way conflict with the terms of the Controlling Agreements.
Controlling Agreements. Manager has received copies of (and will be provided with copies of future) Controlling Agreements and is and will be familiar with the terms thereof. Manager shall use reasonable care to avoid any act or omission that, in the performance of its duties hereunder, shall in any way conflict with the terms of Controlling Agreements.
Controlling Agreements. In the event of any conflict between this Participation Agreement and any other Operative Document, this Participation Agreement shall control. In the event of any conflict between the Lease and any other Operative Document to which the Lessee is not a party, the Lease shall control.
Controlling Agreements. Simultaneously with the execution and delivery of this Agreement, the parties hereto are executing and delivering the Escrow Agreement and an Agreement with Shareholders, each as contemplated by the Acquisition Agreement. The terms of such other agreements, to the extent of any conflict with the terms herein, shall control and govern over the terms of this Agreement.
Controlling Agreements. In the event of any conflict between the terms and conditions of this Agreement and the terms and provisions of the Senior Loan Documents or the Subordinate Loan Documents, then the terms and provisions of this Agreement shall control.
Controlling Agreements. To the extent that the terms of the Marketing Agreement or the Asset Purchase Agreement, on the one hand, are inconsistent with the terms of this Operating Agreement on the other hand, the terms of the Marketing Agreement or the Asset Purchase Agreement, as the case may be, shall control. To the extent that the terms of this Operating Agreement are inconsistent with the terms of the other Ancillary Agreements, the terms of this Operating Agreement shall control.
Controlling Agreements. All quotes, Order Forms (including purchase orders), and invoices issued pursuant to this Agreement shall be subject to the provisions contained in this Agreement. No modification to this Agreement or additional terms contained in any quotation or purchase order shall be valid without the prior written approval of both Parties. In the event of conflict between the terms of the Agreement, the terms contained in the Order Form Exhibits hereto that are applicable to all Order Forms including purchase orders, the following order of precedence (from highest to lowest) shall apply in determining which documents and terms shall control, unless a different order of precedence for a document or a particular term in a document is explicitly agreed upon in a separate document executed by the parties: Order Form Exhibits; Agreement; Exhibits.
Controlling Agreements. Your Account is governed by the terms and conditions of this Agreement. This Agreement is incorporated by reference and made a part of the most recent version of the OPS Account Application (the “Application”); (this Agreement, the Application and any other agreements entered into by You and Us after the date You accept this Agreement are referred to as the “OPS Agreements”). This Agreement supersedes and replaces in its entirety any prior Terms of Services and Use Agreement for Your Account, if any. If there is a conflict between this Agreement and the Application, this Agreement shall prevail. Your Advisor has agreed to be bound by the terms and conditions of this Agreement as if a party hereto. If there is a conflict between Your agreements with Your Advisor and this Agreement with respect to OPS’s relationship with You, this Agreement shall prevail.
Controlling Agreements. QA is responsible for ensuring that the End User agrees to and complies with License Agreement, Privacy Policy, and Terms of Service (collectively, the “Controlling Agreements”) and applicable law, including, but not limited to, consent to the transfer of Data, pursuant to the terms of the Controlling Agreements. QA may not enter into any agreements that conflict with the Controlling Agreements, including, but not limited to, agreements regarding the protection, access, or transfer of data. QA shall notify Company in writing immediately of any changes, differences, or amendments to the QA’s or Organization’s privacy policy or terms of service that conflict with or expand Company’s Privacy Policy and Terms of Service as they relate to the collection and transfer of Data. QA shall inform Company within three (3) days if, in QA’s reasonable opinion, QA believes that any policies or procedures of Company violate the applicable law in the QA’s jurisdiction.
Controlling Agreements. Your Account is governed by this Agreement, which is incorporated by reference and made a part of the most recent version of the OPS Account Application or Application Addendum that is executed by You (the “Application”); (this Agreement, the Application and any other agreements entered into by You and Us after the date You accept this Agreement are referred to as the “OPS Agreements”). This Agreement supersedes and replaces in its entirety any prior Terms of Services and Use Agreement for Your Account, if any. If there is a conflict between OPS Agreements, this Agreement shall prevail. This Agreement is separate from Your agreements with Your Advisor. If there is a conflict between Your agreements with Your Advisor and this Agreement with respect to OPS’s relationship with You, this Agreement shall prevail. Your Advisor, and Manager, as applicable, has agreed to be bound by this Agreement as if a party hereto.
