MERGER OF DOCUMENTS/CONFLICT OF CLAUSES Sample Clauses

MERGER OF DOCUMENTS/CONFLICT OF CLAUSES. This Agreement shall be deemed inclusive of the following documents and appendices which are set forth herein: 1. Appendix A – Standard Clauses for New York State Contracts; 2. Agreement – (this document), including:
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MERGER OF DOCUMENTS/CONFLICT OF CLAUSES. This Agreement is inclusive of the following documents. Only the documents expressly mentioned below are part of this Agreement. Conflicts between these documents shall be resolved in the following order of precedence: 1. Appendix A – Standard Clauses for New York State Contracts; 2. Agreement – (this document), including Appendices B through H: o Appendix B – Proposer and Contractor Compliance Requirements and Procedures for Participation by Minority Group Members and Women With Respect to OSC Contracts; o Appendix C – OSC Policy Statement on Discrimination and Harassment, Including Sexual Harassment; o Appendix D – OSC Executive Order on Procurement Integrity and OSC Procurement Integrity Procedures; o Appendix E – Contractor’s Certifications/Acknowledgements; o Appendix F – Disclosure of Prior Non-Responsibility Determinations; o Appendix G – OSC Consultant Disclosure Reporting Requirements; and
Sample 1Sample 2Sample 3See All (6)
MERGER OF DOCUMENTS/CONFLICT OF CLAUSES. This Agreement shall be deemed inclusive of the following documents and appendices which are set forth herein: 1. Appendix A - Standard Clauses for NYS Contracts; 2. Agreement - (this document), including: • Appendix B - Forms AC 3239-A, Contractor's EEO Staffing Plan of Anticipated Workforce and AC 3239-B, Contractor's/Subcontractor's EEO Workforce Utilization Report; • Appendix C - OSC Policy Statement on Discrimination and Harassment, Including Sexual Harassment; • Appendix D - OSC Executive Order on Procurement Integrity and OSC Procurement Integrity Procedures; • Appendix E - Contractor's Certification/Acknowledgements; and • Appendix F - Disclosure of Prior Non-Responsibility Determinations; 3. Exhibits, including: • Exhibit A - the New York State Contract Reporter advertisement dated July 20, 2018; and • Exhibit B - Contractor's response to New York State Contract Reporter Advertisement dated July 20, 2018. 4. Attachments, including: • Attachment A - Description of Current Licensed Programs; • Attachment B - Monthly License Charges effective October 1, 2018; • Attachment C.1 - Monthly License Charges effective April 1, 2019; • Attachment C.2 - Monthly License Charges effective April 1, 2020; • Attachment D - Attachment for IBM System z Advance Entry Workload License Charges; • Attachment E - IBM Data Processing Addendum; • Attachment F.1 - IBM Privacy Statement (effective as of May 2018); • Attachment F.2 - IBM Online Privacy Statement (effective as of May 2018); • Attachment G - IBM Client Relationship Agreement; • Attachment H - IBM Software Licensed under the ICA - Backup Use Defined; and • Attachment I - IBM Global Employment Verification Standard. Conflicts between these documents shall be resolved in the following descending order of precedence, regardless of any language, express or implied, to the contrary, in Attachments A through and including I: 1. Appendix A - Standard Clauses for NYS Contracts; 2. This Agreement (This Document), including Appendices B through and including F; 3. Exhibits A through and including B; and 4. Attachments A through and including I. Only documents expressly enumerated above shall be deemed a part of the Agreement, and references contained in IBM documents to additional documents not set forth herein shall be of no force and effect. The IBM documents in Attachments D through and including I are only applicable to the Programs and Services provided under this Agreement and may not be used or relied upon by IBM f...
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MERGER OF DOCUMENTS/CONFLICT OF CLAUSES. This Agreement includes the following documents and appendices: A. Appendix A – Standard Clauses for New York State Contracts; B. Agreement – this document, including: o Appendix B –Proposer and Contractor Compliance Requirements and Procedures for Participation by Minority Group Members and Women With Respect to OSC Contracts; o Appendix C – OSC Policy Statement on Discrimination and Harassment, Including Sexual Harassment; o Appendix D – OSC Executive Order on Procurement Integrity and OSC Procurement Integrity Procedures; o Appendix E – Contractor’s Certifications/Acknowledgements; o Appendix F – Disclosure of Prior Non-Responsibility Determinations; o Appendix G – OSC Consultant Disclosure Reporting Requirements; and o Appendix H – Proposer/Contractor Compliance Requirements and Procedures for Participation by Service-Disabled Veteran-Owned Businesses; C. Attachments, including: o Attachment 1 – Fee Schedule; and o Attachment 2 – Certifications. Conflicts between these documents will be resolved in the following descending order of precedence: 1. Appendix A – Standard Clauses for New York State Contracts; 2. This Agreement (this document), including Appendices B through and including H; and 3. Attachments 1 and 2.
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MERGER OF DOCUMENTS/CONFLICT OF CLAUSES. This Agreement shall be deemed inclusive of the following documents. Only documents expressly mentioned below shall be deemed a part of this Agreement. Conflicts between these documents shall be resolved in the following order of precedence: 1. Appendix A – Standard Clauses for New York State Contracts; 2. Agreement – (This Document), including: 3. Exhibit A – The RFP number 18-16, including the Questions and Answers and any Addenda or Amendments (if applicable); and 4. Exhibit B – The Proposal (Exhibits B1 – Technical Proposal, B2 – Cost Proposal, and B3 – Administrative Proposal), including any clarifications thereto.
Sample 1
MERGER OF DOCUMENTS/CONFLICT OF CLAUSES. This Agreement shall be deemed inclusive of the following documents. Only documents expressly mentioned below shall be deemed a part of this Agreement. Conflicts between these documents shall be resolved in the following order of precedence: 1. Appendix A – Standard Clauses for New York State Contracts; 2. Agreement – (This Document): 3. Exhibit A – RFP #20-11, including the Questions and Answers and any Addenda or Amendments; 4. Exhibit B – The Proposal (Exhibits B1 – Technical Proposal, B2 – Cost Proposal, and B3 – Administrative Proposal), including any clarifications thereto; and 5. Exhibit C – Annual Engagement Letter (draft to be proposed by Xxxxxxx, subject to review and approval by OSC; provided, however, that the annual engagement letter shall be substantially in accord with the terms of this Agreement).
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MERGER OF DOCUMENTS/CONFLICT OF CLAUSES. This Agreement shall be deemed inclusive of the following documents and appendices set forth herein: 1. Appendix A – Standard Clauses for New York State Contracts; 2. Agreement – (this document), including: 3. Attachments, including: o Attachment A - Statement of Work; and o Attachment B - New York State Contract Reporter Ad. Conflicts between these documents shall be resolved in the following descending order of precedence: 1. Appendix A - Standard Clauses for New York State Contracts; and 2. This Agreement, including Appendices B through and including G; and 3. Attachments A and B.
Sample 1
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MERGER OF DOCUMENTS/CONFLICT OF CLAUSES. This Agreement shall be deemed inclusive of the following documents and appendices which are set forth herein: 1. Appendix A – Standard Clauses for New York State Contracts; 2. Agreement – (this document), including: Office of the State Comptroller Bureau of Finance Contract Payment Xxxx 000 Xxxxx Xxxxxx, Xxxx 13-2 Albany, NY 12236-0001 Office of the State Comptroller CIO Procurement 000 Xxxxx Xxxxxx, Xxxx 0-0x Xxxxxx, XX 00000-0000 ATTENTION: CIO Procurement
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Related to MERGER OF DOCUMENTS/CONFLICT OF CLAUSES

  • Conflict; Construction of Documents In the event of any conflict between the provisions of this Agreement and any of the other Loan Documents, the provisions of this Agreement shall control. The parties hereto acknowledge that each is represented by separate counsel in connection with the negotiation and drafting of the Loan Documents and that the Loan Documents shall not be subject to the principle of construing their meaning against the party that drafted them.

  • Conflict; Construction of Documents; Reliance In the event of any conflict between the provisions of this Agreement and any of the other Loan Documents, the provisions of this Agreement shall control. The parties hereto acknowledge that they were represented by competent counsel in connection with the negotiation, drafting and execution of the Loan Documents and that such Loan Documents shall not be subject to the principle of construing their meaning against the party which drafted same. Borrower acknowledges that, with respect to the Loan, Borrower shall rely solely on its own judgment and advisors in entering into the Loan without relying in any manner on any statements, representations or recommendations of Lender or any parent, subsidiary or Affiliate of Lender. Lender shall not be subject to any limitation whatsoever in the exercise of any rights or remedies available to it under any of the Loan Documents or any other agreements or instruments which govern the Loan by virtue of the ownership by it or any parent, subsidiary or Affiliate of Lender of any equity interest any of them may acquire in Borrower, and Borrower hereby irrevocably waives the right to raise any defense or take any action on the basis of the foregoing with respect to Lender’s exercise of any such rights or remedies. Borrower acknowledges that Lender engages in the business of real estate financings and other real estate transactions and investments which may be viewed as adverse to or competitive with the business of Borrower or its Affiliates.

  • Execution of Documents, Etc (a) Actions by each Fund. Upon request, each Fund shall execute and deliver to the Custodian such proxies, powers of attorney or other instruments as may be reasonable and necessary or desirable in connection with the performance by the Custodian or any Subcustodian of their respective obligations to such Fund under this Agreement or any applicable subcustodian agreement with respect to such Fund, provided that the exercise by the Custodian or any Subcustodian of any such rights shall in all events be in compliance with the terms of this Agreement.

  • CONTRACT DOCUMENTS AND CONFLICT OF TERMS This Centralized Contract is composed of the documents set forth below. In the case of any conflict among these documents, conflicts shall be resolved in the order of precedence indicated below.

  • Incorporation of Documents Section 0100, Standard Purchase Definitions, is hereby incorporated into this Contract by reference, with the same force and effect as if they were incorporated in full text. The full text versions of this Section are available, on the Internet at the following online address: xxxxx://xxxxxx.xxxxxxxxxxx.xxx/purchase/downloads/standard_purchase_definitions.pdf

  • Conflict of Provisions Where there is any conflict between the provisions of this Agreement and any regulation, direction or other instrument dealing with terms and conditions of employment issued by the Employer, the provisions of this Agreement shall prevail.

  • Retention of Documents The Registrar shall retain copies of all letters, notices and other written communications received pursuant to this Article II. The Company shall have the right to inspect and make copies of all such letters, notices or other written communications at any reasonable time upon the giving of reasonable written notice to the Registrar.

  • Certification of Documents The required copy of the Agreement and Declaration of Trust of Fund and copies of all amendments thereto will be certified by the appropriate official of The Commonwealth of Massachusetts; and if such Agreement and Declaration of Trust and amendments are required by law to be also filed with a county, city or other officer or official body, a certificate of such filing will appear on the certified copy submitted to Service Company. A copy of the order or consent of each governmental or regulatory authority required by law for the issuance of Fund shares will be certified by the Secretary or Clerk of such governmental or regulatory authority, under proper seal of such authority. The copy of the Bylaws and copies of all amendments thereto and copies of resolutions of the Board of Trustees of Fund will be certified by the Secretary or an Assistant Secretary of Fund.

  • Provision of Documents The Company will furnish, at its own expense, to the Underwriters and their counsel copies of the Registration Statement (one of which will be signed and will include all consents and exhibits filed therewith), and to the Underwriters and any dealer each Preliminary Prospectus, the Pricing Disclosure Package, the Prospectus, any Issuer Free Writing Prospectus and all amendments and supplements to such documents, in each case as soon as available and in such quantities as the Underwriters may from time to time reasonably request.

  • Execution of Documents Unless otherwise specified, all Credit Documents and all other certificates executed in connection therewith must be signed by a Responsible Officer.

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