Common use of Priority of agreements and errors Clause in Contracts

Priority of agreements and errors. discrepancies (i) This Agreement, and all other agreements and documents forming part of or referred to in this Agreement are to be taken as mutually explanatory and, unless otherwise expressly provided elsewhere in this Agreement, the priority of this Agreement and other documents and agreements forming part hereof or referred to herein shall, in the event of any conflict between them, be in the followingorder: (a) this Agreement;andall other agreements and documents forming part hereof or referred to herein; i.e. this Agreement at (a) above shall prevail over the agreements and documents at (b). Contract AgreementPage 29 of 153 “Widening / Improvement to 4 (Four) Lane with Paved Shoulder configuration of existing single lane road from Kachukhana Harichara Paglagaunj to Dhubri - Phulbari Bridge approach (Package-II) of Srirampur - Dhubri Section of NH-127B from existing Km 28.050 to Km 55.060 (Design Km 27.650 to Km 54.154), (Design Length=26.504 Km) on EPC Mode in the State of Assam under JICA - ODA loan assistance.” Mar 2022 (ii) Subject to the provisions of Clause 1.4 (i), in case of ambiguities or discrepancies within this Agreement, the following shallapply: (a) between two or more Clauses of this Agreement, the provisions of a specific Clause relevant to the issue under consideration shall prevail over those in other Clauses; (b) between the Clauses of this Agreement and the Schedules, the Clauses shall prevail and between Schedules and Annexes, the Schedules shallprevail; (c) between any two Schedules, the Schedule relevant to the issue shallprevail; (d) between the written description on the Drawings and the Specifications and Standards, the latter shallprevail; (e) between the dimension scaled from the Drawing and its specific written dimension, the latter shall prevail;and (f) between any value written in numerals and that in words, the latter shall prevail. 1.5

Priority of agreements and errors. discrepancies (i) This Agreement, and all other agreements and documents forming part of or referred to in this Agreement are to be taken as mutually explanatory and, unless otherwise expressly provided elsewhere in this Agreement, the priority of this Agreement and other documents and agreements forming part hereof or referred to herein shall, in the event of any conflict between them, be in the followingorder: (a) this Agreement;andall other agreements and documents forming part hereof or referred to herein; i.e. this Agreement at (a) above shall prevail over the agreements and documents at (b). Contract AgreementPage 29 28 of 153 159 “Widening / Improvement Four Laning of Jhanji to 4 (Four) Lane with Paved Shoulder configuration Demow from Km. 491.050 to Km. 535.250 of existing single lane road from Kachukhana Harichara Paglagaunj to Dhubri - Phulbari Bridge approach (Package-II) of Srirampur - Dhubri Section of NH-127B from existing Km 28.050 to Km 55.060 (Design Km 27.650 to Km 54.154), (Design Length=26.504 Km) on EPC Mode NH-37 in the State state of Assam under JICA - ODA loan assistance.” Mar SARDP on Engineering Procurement and Construction (EPC) Mode. April 2022 (ii) Subject to the provisions of Clause 1.4 (i), in case of ambiguities or discrepancies within this Agreement, the following shallapply: (a) between two or more Clauses of this Agreement, the provisions of a specific Clause relevant to the issue under consideration shall prevail over those in other Clauses; (b) between the Clauses of this Agreement and the Schedules, the Clauses shall prevail and between Schedules and Annexes, the Schedules shallprevail; (c) between any two Schedules, the Schedule relevant to the issue shallprevail; (d) between the written description on the Drawings and the Specifications and Standards, the latter shallprevail; (e) between the dimension scaled from the Drawing and its specific written dimension, the latter shall prevail;and (f) between any value written in numerals and that in words, the latter shall prevail. 1.5

Priority of agreements and errors. discrepancies (i) This Agreement, and all other agreements and documents forming part of or referred to in this Agreement are to be taken as mutually explanatory and, unless otherwise expressly provided elsewhere in this Agreement, the priority of this Agreement and other documents and agreements forming part hereof or referred to herein shall, in the event of any conflict between them, be in the followingorder: (a) this Agreement;andall other agreements and documents forming part hereof or referred to herein; i.e. this Agreement at (a) above shall prevail over the agreements and documents at (b). Contract AgreementPage 29 27 of 153 149 “Widening / Improvement Development and Up-gradation of 4 laning of Jamugurihat to 4 (Four) Lane with Paved Shoulder configuration end of existing single lane road Biswanath Chariali By-Pass from Kachukhana Harichara Paglagaunj to Dhubri - Phulbari Bridge approach (Package-II) of Srirampur - Dhubri Section of NH-127B from existing Km 28.050 182.000 to Km 55.060 (Design Km 27.650 to Km 54.154), (Design Length=26.504 Km) on EPC Mode 208.000 of NH -52 in the State state of Assam under JICA - ODA loan assistance.in Engineering, Procurement & Construction (EPC) basis. ” Mar 2022 Jan 2023 (ii) Subject to the provisions of Clause 1.4 (i), in case of ambiguities or discrepancies within this Agreement, the following shallapply: (a) between two or more Clauses of this Agreement, the provisions of a specific Clause relevant to the issue under consideration shall prevail over those in other Clauses; (b) between the Clauses of this Agreement and the Schedules, the Clauses shall prevail and between Schedules and Annexes, the Schedules shallprevail; (c) between any two Schedules, the Schedule relevant to the issue shallprevail; (d) between the written description on the Drawings and the Specifications and Standards, the latter shallprevail; (e) between the dimension scaled from the Drawing and its specific written dimension, the latter shall prevail;and (f) between any value written in numerals and that in words, the latter shall prevail. 1.5

Priority of agreements and errors. discrepancies (i) This Agreement, and all other agreements and documents forming part of or referred to in this Agreement are to be taken as mutually explanatory and, unless otherwise expressly provided elsewhere in this Agreement, the priority of this Agreement and other documents and agreements forming part hereof or referred to herein shall, in the event of any conflict between them, be in the followingorder: (a) this Agreement;andall other agreements and documents forming part hereof or referred to herein; i.e. this Agreement at (a) above shall prevail over the agreements and documents at (b). Contract AgreementPage 29 28 of 153 154 “Widening / Improvement Construction of Four Lane Panchgram Bypass from Design Chainage km 15+500 on NH-37 (Old NH-53) at Kalinagar Pt.-II Village to 4 Design Chainage km 27+300 at crossing with NH-6 (FourOld NH-44) Lane with Paved Shoulder configuration of existing single lane road from Kachukhana Harichara Paglagaunj to Dhubri - Phulbari Bridge approach (Package-II) of Srirampur - Dhubri Section of NH-127B from existing Km 28.050 to Km 55.060 (Design Km 27.650 to Km 54.154), (Design Length=26.504 Km) on EPC Mode Near Xxxxxxxxx Pt.-I Village in the State of Assam on EPC Mode under JICA - ODA loan assistance.Bharatmala Pariyojana in Economic Corridors (Project Length – 11.8 km)” (4th Call) Mar 2022 2023 (ii) Subject to the provisions of Clause 1.4 (i), in case of ambiguities or discrepancies within this Agreement, the following shallapply: (a) between two or more Clauses of this Agreement, the provisions of a specific Clause relevant to the issue under consideration shall prevail over those in other Clauses; (b) between the Clauses of this Agreement and the Schedules, the Clauses shall prevail and between Schedules and Annexes, the Schedules shallprevail; (c) between any two Schedules, the Schedule relevant to the issue shallprevail; (d) between the written description on the Drawings and the Specifications and Standards, the latter shallprevail; (e) between the dimension scaled from the Drawing and its specific written dimension, the latter shall prevail;and (f) between any value written in numerals and that in words, the latter shall prevail. 1.5

Priority of agreements and errors. discrepancies (i) This Agreement, and all other agreements and documents forming part of or referred to in this Agreement are to be taken as mutually explanatory and, unless otherwise expressly provided elsewhere in this Agreement, the priority of this Agreement and other documents and agreements forming part hereof or referred to herein shall, in the event of any conflict between them, be in the followingorderfollowing order: (a) this Agreement;andall Agreement; and all other agreements and documents forming part hereof or referred to herein; i.e. this Agreement at (a) above shall prevail over the agreements and documents at (b). Contract AgreementPage 29 of 153 “Widening / Improvement to 4 (Four) Lane with Paved Shoulder configuration of existing single lane road from Kachukhana Harichara Paglagaunj to Dhubri - Phulbari Bridge approach (Package-II) of Srirampur - Dhubri Section of NH-127B from existing Km 28.050 to Km 55.060 (Design Km 27.650 to Km 54.154), (Design Length=26.504 Km) on EPC Mode in the State of Assam under JICA - ODA loan assistance.” Mar 2022 (ii) Subject to the provisions of Clause 1.4 (i), in case of ambiguities or discrepancies Draft Contract AgreementPage 24 of 142 Construction & Up gradation to 2 lane with paved shoulder from Design Km. 31.449 to Km 51.700 of Khellani-Khanabal Section on NH-244 (Pkg-I) Nov 2020 within this Agreement, the following shallapplyshall apply: (a) between two or more Clauses of this Agreement, the provisions of a specific Clause relevant to the issue under consideration shall prevail over those in other Clauses; (b) between the Clauses of this Agreement and the Schedules, the Clauses shall prevail and between Schedules and Annexes, the Schedules shallprevailshall prevail; (c) between any two Schedules, the Schedule relevant to the issue shallprevail; (d) between the written description on the Drawings and the Specifications and Standards, the latter shallprevailshall prevail; (e) between the dimension scaled from the Drawing and its specific written dimension, the latter shall prevail;and prevail; and (f) between any value written in numerals and that in words, the latter shall prevail. 1.5

Priority of agreements and errors. discrepancies (i) This Agreement, and all other agreements and documents forming part of or referred to in this Agreement are to be taken as mutually explanatory and, unless otherwise expressly provided elsewhere in this Agreement, the priority of this Agreement and other documents and agreements forming part hereof or referred to herein shall, in the event of any conflict between them, be in the followingorderfollowing order: (a) this Agreement;andall Agreement; andall other agreements and documents forming part hereof Contract AgreementPage 27 of 157 Widening & Upgradation to 2-lane with paved shoulder from km 39.450 (start of Pahalgam Bypass) to km 60.680 (Chandanwadi), Package-III of Khanabal - Pahalgam - Chandanwadi - Baltal section of NH-501 in the UT of Jammu & Kashmir on EPC Mode January’ 2024 or referred to herein; i.e. this Agreement at (a) above shall prevail over the agreements and documents at (b). Contract AgreementPage 29 of 153 “Widening / Improvement to 4 (Four) Lane with Paved Shoulder configuration of existing single lane road from Kachukhana Harichara Paglagaunj to Dhubri - Phulbari Bridge approach (Package-II) of Srirampur - Dhubri Section of NH-127B from existing Km 28.050 to Km 55.060 (Design Km 27.650 to Km 54.154), (Design Length=26.504 Km) on EPC Mode in the State of Assam under JICA - ODA loan assistance.” Mar 2022 (ii) Subject to the provisions of Clause 1.4 (i), in case of ambiguities or discrepancies within this Agreement, the following shallapplyshall apply: (a) between two or more Clauses of this Agreement, the provisions of a specific Clause relevant to the issue under consideration shall prevail over those in other Clauses; (b) between the Clauses of this Agreement and the Schedules, the Clauses shall prevail and between Schedules and Annexes, the Schedules shallprevailshall prevail; (c) between any two Schedules, the Schedule relevant to the issue shallprevailshall prevail; (d) between the written description on the Drawings and the Specifications and Standards, the latter shallprevailshall prevail; (e) between the dimension scaled from the Drawing and its specific written dimension, the latter shall prevail;and prevail; and (f) between any value written in numerals and that in words, the latter shall prevail. 1.5

Priority of agreements and errors. discrepancies (i) This Agreement, and all other agreements and documents forming part of or referred to in this Agreement are to be taken as mutually explanatory and, unless otherwise expressly provided elsewhere in this Agreement, the priority of this Agreement and other documents and agreements forming part hereof or referred to herein shall, in the event of any conflict between them, be in the followingorderfollowing order: (a) this Agreement;andall Agreement; and all other agreements and documents forming part hereof or referred to herein; i.e. this Agreement at (a) above shall prevail over the agreements and documents at (b). Contract Draft Concession AgreementPage 29 27 of 153 “Widening / Improvement 150 Rehabilitation and Up-gradation to 4 (Four) Lane 2 lane with Paved Shoulder configuration shoulder of existing single lane road NH-717A in Ranipool-Pakyong section from Kachukhana Harichara Paglagaunj Design CH: 2.00 to Dhubri - Phulbari Bridge approach CH: 6.00 (Package-II) of Srirampur - Dhubri Section of NH-127B from existing Km 28.050 3.100 to Km 55.060 (Design Km 27.650 to Km 54.154), (Design Length=26.504 Km7.200 of NH-717A) on EPC Mode in the State of Assam under JICA - ODA loan assistance.” Mar 2022 Sikkim on EPC Mode Feb. 2021 (ii) Subject to the provisions of Clause 1.4 (i), in case of ambiguities or discrepancies within this Agreement, the following shallapplyshall apply: (a) between two or more Clauses of this Agreement, the provisions of a specific Clause relevant to the issue under consideration shall prevail over those in other Clauses; (b) between the Clauses of this Agreement and the Schedules, the Clauses shall prevail and between Schedules and Annexes, the Schedules shallprevailshall prevail; (c) between any two Schedules, the Schedule relevant to the issue shallprevail; (d) between the written description on the Drawings and the Specifications and Standards, the latter shallprevailshall prevail; (e) between the dimension scaled from the Drawing and its specific written dimension, the latter shall prevail;and prevail; and (f) between any value written in numerals and that in words, the latter shall prevail. 1.5

Priority of agreements and errors. discrepancies (i) This Agreement, and all other agreements and documents forming part of or referred to in this Agreement are to be taken as mutually explanatory and, unless otherwise expressly provided elsewhere in this Agreement, the priority of this Agreement and other documents and agreements forming part hereof or referred to herein shall, in the event of any conflict between them, be in the followingorder: (a) this Agreement;andall other agreements and documents forming part hereof or referred to herein; i.e. this Agreement at (a) above shall prevail over the agreements and documents at (b). Contract AgreementPage 29 28 of 153 152 “Widening / Improvement Construction of Four Lane Panchgram Bypass from Design Chainage km 15+500 on NH-37 (Old NH-53) at Kalinagar Pt.-II Village to 4 Design Chainage km 27+300 at crossing with NH-6 (FourOld NH-44) Lane with Paved Shoulder configuration of existing single lane road from Kachukhana Harichara Paglagaunj to Dhubri - Phulbari Bridge approach (Package-II) of Srirampur - Dhubri Section of NH-127B from existing Km 28.050 to Km 55.060 (Design Km 27.650 to Km 54.154), (Design Length=26.504 Km) on EPC Mode Near Xxxxxxxxx Pt.-I Village in the State of Assam on EPC Mode under JICA - ODA loan assistance.Bharatmala Pariyojana in Economic Corridors (Project Length – 11.8 km)” Mar 2022 (2nd Call) Feb 2023 (ii) Subject to the provisions of Clause 1.4 (i), in case of ambiguities or discrepancies within this Agreement, the following shallapply: (a) between two or more Clauses of this Agreement, the provisions of a specific Clause relevant to the issue under consideration shall prevail over those in other Clauses; (b) between the Clauses of this Agreement and the Schedules, the Clauses shall prevail and between Schedules and Annexes, the Schedules shallprevail; (c) between any two Schedules, the Schedule relevant to the issue shallprevail; (d) between the written description on the Drawings and the Specifications and Standards, the latter shallprevail; (e) between the dimension scaled from the Drawing and its specific written dimension, the latter shall prevail;and (f) between any value written in numerals and that in words, the latter shall prevail. 1.5

Priority of agreements and errors. discrepancies (i) This Agreement, and all other agreements and documents forming part of or referred to in this Agreement are to be taken as mutually explanatory and, unless otherwise expressly provided elsewhere in this Agreement, the priority of this Agreement and other documents and agreements forming part hereof or referred to herein shall, in the event of any conflict between them, be in the followingorder: (a) this Agreement;andall other agreements and documents forming part hereof or referred to herein; i.e. this Agreement at (a) above shall prevail over the agreements and documents at (b). Contract AgreementPage 29 28 of 153 152 “Widening / Improvement Construction of Four Lane Panchgram Bypass from Design Chainage km 15+500 on NH-37 (Old NH-53) at Kalinagar Pt.-II Village to 4 Design Chainage km 27+300 at crossing with NH-6 (FourOld NH-44) Lane with Paved Shoulder configuration of existing single lane road from Kachukhana Harichara Paglagaunj to Dhubri - Phulbari Bridge approach (Package-II) of Srirampur - Dhubri Section of NH-127B from existing Km 28.050 to Km 55.060 (Design Km 27.650 to Km 54.154), (Design Length=26.504 Km) on EPC Mode Near Xxxxxxxxx Pt.-I Village in the State of Assam on EPC Mode under JICA - ODA loan assistance.Bharatmala Pariyojana in Economic Corridors (Project Length – 11.8 km)” (3rd Call) Mar 2022 2023 (ii) Subject to the provisions of Clause 1.4 (i), in case of ambiguities or discrepancies within this Agreement, the following shallapply: (a) between two or more Clauses of this Agreement, the provisions of a specific Clause relevant to the issue under consideration shall prevail over those in other Clauses; (b) between the Clauses of this Agreement and the Schedules, the Clauses shall prevail and between Schedules and Annexes, the Schedules shallprevail; (c) between any two Schedules, the Schedule relevant to the issue shallprevail; (d) between the written description on the Drawings and the Specifications and Standards, the latter shallprevail; (e) between the dimension scaled from the Drawing and its specific written dimension, the latter shall prevail;and (f) between any value written in numerals and that in words, the latter shall prevail. 1.5

Priority of agreements and errors. discrepancies (i) This Agreement, and all other agreements and documents forming part of or referred to in this Agreement are to be taken as mutually explanatory and, unless otherwise expressly provided elsewhere in this Agreement, the priority of this Agreement and other documents and agreements forming part hereof or referred to herein shall, in the event of any conflict between them, be in the followingorderfollowing order: (a) this Agreement;andall Agreement; and all other agreements and documents forming part hereof or referred to herein; i.e. this Agreement at (a) above shall prevail over the agreements and documents at (b). Contract AgreementPage 29 of 153 “Widening / Improvement to 4 (Four) Lane with Paved Shoulder configuration of existing single lane road from Kachukhana Harichara Paglagaunj to Dhubri - Phulbari Bridge approach (Package-II) of Srirampur - Dhubri Section of NH-127B from existing Km 28.050 to Km 55.060 (Design Km 27.650 to Km 54.154), (Design Length=26.504 Km) on EPC Mode in the State of Assam under JICA - ODA loan assistance.” Mar 2022 (ii) Subject to the provisions of Clause 1.4 (i), in case of ambiguities or discrepancies Draft Contract AgreementPage 27 of 261 S-D Tunnel 2022 within this Agreement, the following shallapplyshall apply: (a) between two or more Clauses of this Agreement, the provisions of a specific Clause relevant to the issue under consideration shall prevail over those in other Clauses; (b) between the Clauses of this Agreement and the Schedules, the Clauses shall prevail and between Schedules and Annexes, the Schedules shallprevailshall prevail; (c) between any two Schedules, the Schedule relevant to the issue shallprevail; (d) between the written description on the Drawings and the Specifications and Standards, the latter shallprevailshall prevail; (e) between the dimension scaled from the Drawing and its specific written dimension, the latter shall prevail;and prevail; and (f) between any value written in numerals and that in words, the latter shall prevail. 1.5

Priority of agreements and errors. discrepancies (i) This Agreement, and all other agreements and documents forming part of or referred to in this Agreement are to be taken as mutually explanatory and, unless otherwise expressly provided elsewhere in this Agreement, the priority of this Agreement and other documents and agreements forming part hereof or referred to herein shall, in the event of any conflict between them, be in the followingorderfollowing order: (a) this Agreement;andall Agreement; and all other agreements and documents forming part hereof or referred to herein; i.e. this Agreement at (a) above shall prevail over the agreements and documents at (b). Contract AgreementPage 29 of 153 “Widening / Improvement to 4 (Four) Lane with Paved Shoulder configuration of existing single lane road from Kachukhana Harichara Paglagaunj to Dhubri - Phulbari Bridge approach (Package-II) of Srirampur - Dhubri Section of NH-127B from existing Km 28.050 to Km 55.060 (Design Km 27.650 to Km 54.154), (Design Length=26.504 Km) on EPC Mode in the State of Assam under JICA - ODA loan assistance.” Mar 2022 (ii) Subject to the provisions of Clause 1.4 (i), in case of ambiguities or discrepancies Draft Concession AgreementPage 27 of 145 Nov 2020 within this Agreement, the following shallapplyshall apply: (a) between two or more Clauses of this Agreement, the provisions of a specific Clause relevant to the issue under consideration shall prevail over those in other Clauses; (b) between the Clauses of this Agreement and the Schedules, the Clauses shall prevail and between Schedules and Annexes, the Schedules shallprevailshall prevail; (c) between any two Schedules, the Schedule relevant to the issue shallprevail; (d) between the written description on the Drawings and the Specifications and Standards, the latter shallprevailshall prevail; (e) between the dimension scaled from the Drawing and its specific written dimension, the latter shall prevail;and prevail; and (f) between any value written in numerals and that in words, the latter shall prevail. 1.5

Priority of agreements and errors. discrepancies (i) This Agreement, and all other agreements and documents forming part of or referred to in this Agreement are to be taken as mutually explanatory and, unless otherwise expressly provided elsewhere in this Agreement, the priority of this Agreement and other documents and agreements forming part hereof or referred to herein shall, in the event of any conflict between them, be in the followingorder: (a) this Agreement;andall other agreements and documents forming part hereof or referred to herein; i.e. this Agreement at (a) above shall prevail over the agreements and documents at (b). Contract AgreementPage 29 28 of 153 159 “Widening / Widening/Improvement to 4 (Four) Lane with Paved Shoulder configuration of existing single lane road from Kachukhana Harichara Paglagaunj Km 146+230 to Dhubri - Phulbari Bridge approach Km 157+460 (Package-IIDesign Chainage 145+712 to Km 156+502) of Srirampur Dillai to Lahorijan (Package - Dhubri Section 7) of NH-127B from existing Km 28.050 to Km 55.060 (Design Km 27.650 to Km 54.154), (Design Length=26.504 Km) on EPC Mode NH-29 in the State of Assam on EPC Mode under JICA - ODA loan assistance.” Mar NH(O)-NE . April 2022 (ii) Subject to the provisions of Clause 1.4 (i), in case of ambiguities or discrepancies within this Agreement, the following shallapply: (a) between two or more Clauses of this Agreement, the provisions of a specific Clause relevant to the issue under consideration shall prevail over those in other Clauses; (b) between the Clauses of this Agreement and the Schedules, the Clauses shall prevail and between Schedules and Annexes, the Schedules shallprevail; (c) between any two Schedules, the Schedule relevant to the issue shallprevail; (d) between the written description on the Drawings and the Specifications and Standards, the latter shallprevail; (e) between the dimension scaled from the Drawing and its specific written dimension, the latter shall prevail;and (f) between any value written in numerals and that in words, the latter shall prevail. 1.5