Interpretation and Order of Precedence. Any ambiguity in this Agreement shall be resolved in favor of a meaning that complies and is consistent with the HIPAA Rules. In the event of an inconsistency between the Contract and this Agreement, this Agreement shall control. This Agreement supersedes and replaces any previous, separately executed HIPAA business associate agreement between the Parties.
Interpretation and Order of Precedence. The provisions of this Addendum shall prevail over any provisions in the Contract that may conflict or appear inconsistent with any provision in this Addendum. Together, the Contract and this Addendum shall be interpreted as broadly as necessary to implement and comply with the HIPAA Rules. The parties agree that any ambiguity in this Contract shall be resolved in favor of a meaning that complies and is consistent with the HIPAA Rules. This Contract supersedes and replaces any previous separately executed HIPAA addendum between the parties.
Interpretation and Order of Precedence. 25.1 In this Agreement a reference to:
25.1.1 a Clause or Schedule is, except where expressly stated otherwise, a reference to a clause of and schedule to this Agreement;
25.1.2 a word importing one gender shall (where appropriate) include any other gender and a word importing the singular shall (where appropriate) include the plural and vice versa;
25.1.3 any statute or statutory provision includes, except where otherwise stated, the statute or statutory provision as amended, consolidated or re-enacted from time to time, and includes any subordinate legislation made under the statute or statutory provision (as so amended, consolidated or re-enacted); and
Interpretation and Order of Precedence. This Addendum is incorporated into and becomes part of the Contract. Together, this Addendum and each separate Contract constitute the “Agreement” of the parties with respect to their Business Associate relationship under HIPAA and the HIPAA Rules. The provisions of this Addendum must prevail over any provisions in the Contract that may conflict or appear inconsistent with any provision in this Addendum. This Addendum and the Contract must be interpreted as broadly as necessary to implement and comply with HIPAA and the HIPAA Rules. The parties agree that any ambiguity in this Addendum must be resolved in favor of a meaning that complies and is consistent with HIPAA and the HIPAA Rules. This Addendum supersedes and replaces any previous separately executed HIPAA addendum between the parties. If this Addendum conflicts with the mandatory provisions of the HIPAA Rules, then the HIPAA Rules control. Where the provisions of this Addendum differ from those mandated by the HIPAA Rules, but are nonetheless permitted by the HIPAA Rules, the provisions of this Addendum control.
Interpretation and Order of Precedence. 2.1 In this Agreement a reference to:
2.1.1 a Clause or Schedule is, except where expressly stated otherwise, a reference to a clause of and schedule to this Agreement;
2.1.2 a word importing one gender shall (where appropriate) include any other gender and a word importing the singular shall (where appropriate) include the plural and vice versa; and
2.1.3 any statute or statutory provision includes, except where otherwise stated, the statute or statutory provision as amended, consolidated or re-enacted from time to time, and includes any subordinate legislation made under the statute or statutory provision (as so amended, consolidated or re-enacted).
2.2 The headings in this Agreement are for convenience only and shall not affect its interpretation.
2.3 If there is any conflict and/or inconsistency between these Terms and Conditions, the Schedules the Data Order Form, the Price List, the BATS Market Data Policy, the Technical Specification, which shall all form a part to this Agreement, the following order of precedence shall apply:
2.3.1 first, the Price List;
2.3.2 second, the Data Order Form;
2.3.3 third, these Terms and Conditions.
2.3.4 fourth, the BATS Market Data Policy;
2.3.5 fifth, the Technical Specification; and
2.3.6 sixth, the Schedules.
Interpretation and Order of Precedence. 1.1. The following provisions will be taken into account when interpreting the content of the Agreement:
1.1.1. The headings contained in this Agreement shall not be used in its interpretation.
1.1.2. References to the singular shall include references in the plural and vice versa.
1.1.3. References to a treaty, directive, regulation, law or legislative provision shall be construed, at any particular time, as including a reference to any modification, extension or re-enactment of the respective treaty, directive, regulation, law or legislative provision at any time then in force and to all subordinate legislation enacted from time to time.
1.1.4. Unless expressly stated to the contrary, any reference in this Agreement to the right of consent, approval or agreement shall be construed such that the relevant consent, approval or agreement shall not be unreasonably delayed or withheld.
1.1.5. A reference to “writing” shall include an e-mail transmission and any means of reproducing words in a tangible and permanently visible form.
1.2. At the Effective Date, the Agreement contains the following annexes:
Interpretation and Order of Precedence. 2.1 Unless the context otherwise requires, words importing the singular shall include the plural and vice-versa and words importing gender shall include the masculine, feminine and neuter genders.
2.2 The headings and sub-headings of the Contract are used for convenience and ease of reference only and in no way define, limit, describe or interpret the scope or intent of the Contract.
2.3 If there is a conflict in the Contract, the order of precedence of documents, from highest to lowest, shall be:
(a) this Engineering, Procurement and Construction Agreement, including the Appendices;
Interpretation and Order of Precedence. 2.1 In this Index Agreement a reference to:
2.1.1 a Clause or Schedule is, except where expressly stated otherwise, a reference to a clause of and schedule to this Index Agreement;
2.1.2 a word importing one gender shall (where appropriate) include any other gender and a word importing the singular shall (where appropriate) include the plural and vice versa; and
2.1.3 any statute or statutory provision includes, except where otherwise stated, the statute or statutory provision as amended, consolidated or re-enacted from time to time, and includes any subordinate legislation made under the statute or statutory provision (as so amended, consolidated or re-enacted).
2.2 The headings in this Index Agreement are for convenience only and shall not affect its interpretation.
2.3 If there is any conflict and/or inconsistency between these Terms and Conditions, the Schedules the Cboe Europe Index Licence Order Form, the Price List, the Cboe Europe Index Data Policy, the Rules and Methodology, which shall all form a part to this Index Agreement, the following order of precedence shall apply:
2.3.1 first, the Price List;
2.3.2 second, the Cboe Europe Index Licence Order Form;
2.3.3 third, the Cboe Europe Index Data Policy;
2.3.4 fourth, these Terms and Conditions;
2.3.5 fifth, the Rules and Methodology; and
2.3.6 sixth, the Schedules. 3 Grant of License; Restrictions; Provision of the Index Data
3.1 The Recipient shall complete the Cboe Europe Index Licence Order Form indicating which uses of the Index Data it wishes to make and the associated licence, (Advisory and Brokerage, White Labelling, Non Display and/or Media Clients, as well as the FactSet Data licence) as further detailed in the Cboe Europe Index Data Policy. If the FactSet Data licence is selected, the additional terms set out in Schedule 2 shall apply. If a Cboe Europe Index Licence Order Form is approved by Cboe and agreed between the Parties, the Recipient acknowledges, understands and agrees that it shall only be licensed in accordance with the applicable provisions herein. The Recipient shall submit an updated Cboe Europe Index Licence Order Form as soon as reasonably possible if any of the information in the Cboe Europe Index Licence Order Form becomes inaccurate.
3.2 In consideration of, and subject to, the payment of the applicable Fees, Cboe grants the Recipient, during the term of this Index Agreement, a limited, non-exclusive, non-transferable, world-wide licence on the terms and conditions set...
Interpretation and Order of Precedence. 2 5 .1 In this Agreement a reference to:
2 5 .1 .1 a Clause or Schedule is, except where expressly stated otherwise, a reference to a clause of and schedule to this Agreement;
2 5 .1 .2 a word importing one gender shall (where appropriate) include any other gender and a word importing the singular shall (where appropriate) include the plural and vice versa;
2 5 .1 .3 any statute or statutory provision includes, except where otherwise stated, the statute or statutory provision as amended, consolidated orre-enacted from time to time, and includes any subordinate legislation made under the statute or statutory provision (as so amended, consolidated or re-enacted); and
2 5 .1 .4 “includes” or “including” shall be deemed to have the words “without limitation” followingit.
Interpretation and Order of Precedence. 3.2.1 The headings and sub-headings of this Agreement are used for convenience and ease of reference only and in no way define, limit, describe or interpret the scope or intent of this Agreement.
3.2.2 The words “include”, “including” and all forms and derivations thereof shall mean including but not limited to.
