Interpretation of Subcontract Documents Sample Clauses

Interpretation of Subcontract Documents. 1.9.1 Conflicts In the event of any inconsistency, conflict or ambiguity between this Master Subcontract Agreement and the project-specific Work Order, Exhibit AA, the Work Order shall govern. In the event of any inconsistency, conflict or ambiguity between this Master Subcontract Agreement together with the project-specific Work Order, Exhibit AA, and any of the other Subcontract Documents, the Master Subcontract Agreement and Work Order shall govern. 1.9.2 Conflicts in the Prime Contract In case of any inconsistency, conflict or ambiguity among the documents that compose the Prime Contract, such shall be subject to the requirements and procedures provided for by the Prime Contract. If no procedures are provided, the documents shall govern in the following order: (a) Subcontract Change Orders, Written Authorizations to Proceed (b) the Work Order, Exhibit AA; (c) written amendments to the Master Subcontract Agreement; (d) this Master Subcontract Agreement; (e) subject to Subparagraphs 1.9.3 and 1.9.4, the drawings, specifications and addenda issued prior to the execution of the Work Order; (f) the Prime Contract and any documents listed therein as Contract Documents; (e) other documents listed in the Master Subcontract Agreement or Work Order. Among all the Subcontract Documents, the term or provision that is most specific or includes the latest date shall control. Information identified in one Subcontract Document and not identified in another shall not be considered to be a conflict or inconsistency. 1.9.3 Except as may otherwise be provided by the Prime Contract, the drawings and specifications are complementary. If Subcontract Work is shown only on one but not on the other, the Subcontractor shall perform the Subcontract Work as though fully described on both consistent with the Subcontract Documents and reasonably inferable from them as being necessary to produce the indicated results. 1.9.4 Except as may otherwise be provided by the Prime Contract, in case of conflicts between the drawings and specifications, the specifications shall govern. In any case of omissions or errors in figures, drawings or specifications, the Subcontractor shall immediately submit the matter to the Contractor for submission to the Owner for clarification. The Owner’s clarifications are final and binding on the Subcontractor. 1.9.5 Except as may otherwise be provided by the Prime Contract, where figures are given, they shall be preferred to scaled dimensions. 1.9.6 Except as...
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Interpretation of Subcontract Documents. 13.1.1 The drawings and specifications are complementary. If Work is shown only on one but not on the other, the Subcontractor shall perform the Subcontract Work as though fully described on both consistent with the Subcontract Documents and reasonably inferable from them. 13.1.2 In case of conflicts between the drawings and specifications, the specifications shall govern. In any case of omissions or errors in figures, drawings, or specifications, the Subcontractor shall immediately submit the matter to the Constructor for clarification by the Owner. The Owner's clarifications are final and binding on all Parties, subject to an equitable adjustment in Subcontract Time or Subcontract Amount pursuant to dispute mitigation and resolution. 13.1.3 Where figures are given, they shall be preferred to scaled dimensions. 13.1.4 Unless otherwise specifically defined in this Agreement, any terms that have well-known technical or trade meanings shall be interpreted in accordance with their well-known meanings. 13.1.5 In case of any inconsistency, conflict or ambiguity among the Subcontract Documents, the documents shall govern in the following order: (a) Subcontract Change Orders and written amendments to this Agreement; (b) the ConsensusDocs 750 Agreement as modified by the Parties; (c) subject to subsection 13.
Sample 1
Interpretation of Subcontract Documents. 1.9.1 Conflicts In the event of any inconsistency, conflict or ambiguity between this Master Subcontract Agreement and the project-specific Work Order, Exhibit AA, the Work Order shall govern. In the event of any inconsistency, conflict or ambiguity between this Master Subcontract Agreement together with the project-specific Work Order, Exhibit AA, and any of the other Subcontract Documents, the Master Subcontract Agreement and Work Order shall govern. 1.9.2 Conflicts in the Prime Contract In case of any inconsistency, conflict or ambiguity among the documents that compose the Prime Contract, such shall be subject to the requirements and procedures provided for by the Prime Contract. If no procedures are provided, the documents shall govern in the following order: (a) Subcontract Change Orders, Written Authorizations to Proceed (b) the Work Order, Exhibit AA; (c) written amendments to the Master Subcontract Agreement; (d) this Master Subcontract Agreement; (e) subject to Subparagraphs 1.9.3 and 1.9.4, the drawings, specifications and addenda issued prior to the execution of the Work Order; (f) the Prime Contract and any documents listed therein as Contract Documents; (e) other documents listed in the Master Subcontract Agreement or Work Order. Among all the Subcontract Documents, the term or provision that is most specific or includes the latest date shall control. Information identified in one Subcontract Document and not identified in another shall not be considered to be a conflict or inconsistency.
Sample 1
Interpretation of Subcontract Documents. 13.1.1 The drawings and specifications are complementary. If Work is shown only on one but not on the other, the Subcontractor shall perform the Subcontract Work as though fully described on both consistent with the Subcontract Documents and reasonably inferable from them. 13.1.2 In any case of omissions or errors in figures, drawings, or specifications, the Subcontractor shall immediately submit the matter to the Constructor for clarification by the Owner. The Owner's clarifications are final and binding on all Parties, subject to an equitable adjustment in Subcontract Time or Subcontract Amount pursuant to dispute mitigation and resolution. 13.1.3 Where figures are given, they shall be preferred to scaled dimensions. 13.1.4 Unless otherwise specifically defined in this Agreement, any terms that have well‐known technical or trade meanings shall be interpreted in accordance with their well‐known meanings. 13.1.5 In case of any inconsistency, conflict or ambiguity among the Subcontract Documents, the documents shall govern in the following order: (a) Subcontract Change Orders and written amendments to this Agreement;
Sample 1

Related to Interpretation of Subcontract Documents

  • Interpretation of Contract Documents The Contract Documents shall be construed neither against nor in favor of either party, but shall be construed in a neutral manner.

  • Construction; Interpretation The headings herein are for convenience only, do not constitute a part of this Agreement and shall not be deemed to limit or affect any of the provisions hereof. The language used in this Agreement will be deemed to be the language chosen by the parties to express their mutual intent, and no rules of strict construction will be applied against any party. This Agreement shall be construed as if drafted jointly by the parties, and no presumption or burden of proof shall arise favoring or disfavoring any party by virtue of the authorship of any provisions of this Agreement. Unless otherwise indicated to the contrary herein by the context or use thereof: (i) the words, “herein,” “hereto,” “hereof” and words of similar import refer to this Agreement as a whole, including the Schedules and exhibits, and not to any particular section, subsection, paragraph, subparagraph or clause contained in this Agreement; (ii) masculine gender shall also include the feminine and neutral genders, and vice versa; (iii) words importing the singular shall also include the plural, and vice versa; (iv) the words “include,” “includes” or “including” shall be deemed to be followed by the words “without limitation”; (v) financial terms shall have the meanings given to such terms under GAAP unless otherwise specified herein; (vi) references to “$” or “dollar” or “US$” shall be references to United States dollars; (vii) where the context permits, the use of the term “or” will be non-exclusive and equivalent to the use of the term “and/or”; (viii) the word “extent” in the phrase “to the extent” shall mean the degree to which a subject or other thing extends, and such phrase shall not mean simply “if”; and (ix) if any action under this Agreement is required to be done or taken on a day that is not a Business Day or on which a government office is not open with respect to which a filing must be made, then such action shall be required to be done or taken not on such day but on the first succeeding Business Day thereafter.

  • Interpretation of Agreement It is understood that the parties hereto intend this Agreement to be interpreted and enforced so as to provide indemnification to Indemnitee to the fullest extent now or hereafter permitted by law.

  • Integration; Interpretation The Loan Documents contain or expressly incorporate by reference the entire agreement of the parties with respect to the matters contemplated therein and supersede all prior negotiations or agreements, written or oral. The Loan Documents shall not be modified except by written instrument executed by all parties. Any reference to the Loan Documents includes any amendments, renewals or extensions now or hereafter approved by Lender in writing.

  • Construction and Interpretation Should any provision of this Agreement require judicial interpretation, the parties hereto agree that the court interpreting or construing the same shall not apply a presumption that the terms hereof shall be more strictly construed against one party by reason of the rule of construction that a document is to be more strictly construed against the party that itself, or through its agent, prepared the same, and it is expressly agreed and acknowledged that Company and Executive and each of his and its representatives, legal and otherwise, have participated in the preparation hereof.

  • Interpretation of Contract In the event of a conflict or question involving the provisions of any part of this Contract, interpretation and clarification as necessary shall be determined by the County’s assigned buyer. If disagreement exists between the Contractor and the County’s assigned buyer in interpreting the provision(s), final interpretation and clarification shall be determined by the County’s Purchasing Agent or his designee.

  • Interpretation; Construction The headings set forth in this Agreement are for convenience only and shall not be used in interpreting this Agreement. This Agreement has been drafted by legal counsel representing Company, but Executive has participated in the negotiation of its terms. Furthermore, Executive acknowledges that Executive has had an opportunity to review and revise the Agreement and have it reviewed by legal counsel, if desired, and, therefore, the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of this Agreement.

  • Contract Interpretation The Contract Documents completely describe the Services to be provided. Contractor will provide any Services that may reasonably be inferred from the Contract Documents or from prevailing custom or trade usage as being required to produce the intended result whether or not specifically called for or identified in the Contract Documents. Words or phrases which have a well-known technical or construction industry or trade meaning and are used to describe Services will be interpreted in accordance with that meaning unless a definition has been provided in the Contract Documents.

  • Interpretation and Rules of Construction In this Agreement, except to the extent otherwise provided or that the context otherwise requires: (a) when a reference is made in this Agreement to an Article, Section, Exhibit or Schedule, such reference is to an Article or Section of, or an Exhibit or Schedule to, this Agreement unless otherwise indicated; (b) the table of contents and headings for this Agreement are for reference purposes only and do not affect in any way the meaning or interpretation of this Agreement; (c) whenever the words “include,” “includes” or “including” are used in this Agreement, they are deemed to be followed by the words “without limitation”; (d) the words “hereof,” “herein” and “hereunder” and words of similar import, when used in this Agreement, refer to this Agreement as a whole and not to any particular provision of this Agreement; (e) all terms defined in this Agreement have the defined meanings when used in any certificate or other document made or delivered pursuant hereto, unless otherwise defined therein; (f) the definitions contained in this Agreement are applicable to the singular as well as the plural forms of such terms; (g) references to a Person are also to its successors and permitted assigns; and (h) the use of “or” is not intended to be exclusive unless expressly indicated otherwise.

  • Severability; Interpretation If any provision of this Agreement is held invalid by a court decision, statute, rule or otherwise, the remainder of this Agreement shall not be affected thereby. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective successors. Where the effect of a requirement of the 1940 Act reflected in any provision of this Agreement is altered by a rule, regulation or order of the SEC, whether of special or general application, such provision shall be deemed to incorporate the effect of such rule, regulation or order.

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