Entire Agreement; Order of Precedence. CONFLICT
Entire Agreement; Order of Precedence. The Agreement sets forth the entire agreement and understanding of the parties relating to its subject matter and supersedes all prior and contemporaneous oral and written agreements. Any conflict between these terms and any supplementary terms is subject to the following order of precedence: (1) an Order, (2) the Business Unit Terms, and (3) this End User Agreement. Nothing contained in any Customer Purchase Order or other document submitted by Customer shall in any way add to or otherwise modify the Agreement or any Company license program terms under which an Order is submitted. The Business Unit Terms, Service Descriptions, Maintenance terms, Security Exhibit, or DPA may be updated by Company from time to time without notice (but will be identified by the last updated date). Customer's continued access to and use of the Products constitutes acceptance of the then-current terms.
Entire Agreement; Order of Precedence. This Agreement contains the entire understanding of the parties hereto relating to the Products, Services , and Documentation (including written reference to information contained in a URL or referenced polic ies), and supersedes any prior or contemporaneous written or oral communications (including through Axway internal portal) , representations, agreement or understandings between the Parties with respect to the Products, Services, and Documentation. It is expressly agreed that the terms of this Agreement and any Ordering Document shall supersede the terms in any Customer purchase order, procurement internet portal, or other similar non-Axway document and no terms included in any such purchase order, portal, or other non-Axway document shall apply to the Services ordered. Customer may submit purchase orders for Customer’s internal administrative purposes after execution of the Agreement. In the event of any conflict between the terms of this Agreement and any Ordering Document, the applicable Ordering Document shall take precedence. This Agreement and any Ordering Document hereunder may be amended only in writing signed by the authorized representatives of the Parties hereto; however, Axway may update applicable Documentation, including by posting updated documents on Axway’s websites .
Entire Agreement; Order of Precedence. This Agreement contains the entire understanding of the parties regarding the subject matter of this Agreement and supersedes all prior and contemporaneous negotiations and agreements, whether written or oral, between the parties with respect to the subject matter of this Agreement. The terms of this Agreement apply to all order documents, including but not limited to purchase orders and credit card orders, accepted by NWEA, and this Agreement will supersede any inconsistent or different pre-printed terms of any such order document. If there is a conflict among any of the terms of this Agreement, the parties intend that it be resolved by giving precedence to Agreement documents in the following order (i.e. the earlier listing governing the later): (i) any Supplemental Terms to the extent related to Services described in an applicable Schedule; (ii) this Agreement without any Schedules or Supplemental Terms; (iii) the most recent Schedule; followed by (iv) any other Schedules in reverse chronological order.
Entire Agreement; Order of Precedence. This Agreement constitutes the complete and exclusive statement of the agreement of the parties with respect to the subject matter hereof and supersedes all prior proposals, understandings, and agreements, whether oral or written, between the parties with respect to the subject matter hereof, including but not limited to any non-disclosure agreements previously entered into by and between the parties.
Entire Agreement; Order of Precedence. This Agreement constitutes the complete and exclusive statement of the agreement of the Parties with respect to the subject matter hereof and supersedes all prior proposals, understandings, and agreements, whether oral or written, between the Parties with respect to the subject matter hereof. In case of conflict the order of precedence of the documents constituting this Agreement is as follows, each listed document superseding in the event of any conflicting provision in a later listed document: (1) the Contributed Data Specific Terms, but solely to the extent Exhibit D expressly states that such Contributed Data Specific Terms supersede the text of this Agreement; (2) Agreement text; and (3) the Exhibits to this Agreement.
Entire Agreement; Order of Precedence. This Agreement and the Contract Documents specified below and incorporated by reference constitute the entire agreement between the parties and supersede any prior understanding among them. The term “Contract Documents” shall include the documents listed in this Provision 27. Each of the Contract Documents is an essential part of the agreement between the Parties, and a requirement occurring in one is as binding as though occurring in all. The Contract Documents are intended to be complementary and to provide for the entire agreement. In the event of any conflict among the Contract Documents, the order of precedence shall be:
30.1. Applicable Federal and State of Ohio statutes and regulations including the mandatory contract provisions set forth in 2 CFR Part 200, Appendix II;
30.2. If applicable, Form HUD-51915 Model Agreement between Owner and Design Professional;
30.3. Form HUD-5370-C General Conditions for Non-Construction Contracts
30.4. This Agreement
30.5. Related GDPM purchase orders, GDPM notice of contract commencement/award and accompanying contract supplemental terms
30.6. The Contractor’s Fee Submission and/or Best and Final Offer
30.7. Contractor’s Proposal subject to any limitations set forth in this Agreement 30.8. Contractor form of Agreement, if applicable 30.9. Other Documents incorporated by reference (if applicable)
Entire Agreement; Order of Precedence. This Agreement, including any applicable schedules, exhibits, and appendices, and any mutually signed SOW, set forth the entire agreement between you and us relating to the Services and/or Professional Services and supersedes all prior and contemporaneous oral and written agreements, except as otherwise permitted. If there is a conflict between any of the above referenced documents, the conflict will be resolved in that order. No modification of amendment to this Agreement shall be effective unless mutually agreed in writing.
Entire Agreement; Order of Precedence. These Terms contain the entire agreement, and supersede all prior and contemporaneous understandings between the parties regarding the Site and the Services. In the event of any conflict between these Terms and any other agreement you may have with us, these Terms will control unless the other agreement specifically identifies these Terms and declares that the other agreement supersedes these Terms.
Entire Agreement; Order of Precedence. The Order Form, any Customer Terms, the Terms & Conditions, and the Incorporated Documents constitute the complete Agreement between the parties and supersede any prior discussion or representations regarding the Customer’s purchase and use of the Services. To the extent any conflict exists between the terms of the Agreement, the documents will govern in the following order or precedence: (1) the Order Form (2) the Customer Terms, (3) the Terms & Conditions, and (4) the Incorporated Documents. No other purchasing order or similar instrument issued by either party in connection with the Services will have any effect on the Agreement or bind the other party in any way.
