Priority of agreements, clauses and schedules. (a) 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 following order: (i) the Agreement; (ii) all other agreements and documents forming part hereof or referred to herein; (iii) the LOA issued to the Selected Bidder; (iv) written addenda to the Bid; (v) bid document; and (vi) the Bid. (b) Subject to the provisions of Article 1.4 (a), in case of ambiguities or discrepancies within this Agreement, the following shall apply: (i) between two or more Articles of this Agreement, the provisions of a specific Article relevant to the issue under consideration shall prevail over those in other Articles; (ii) between the Articles of this Agreement and the Schedules, the Articles shall prevail; (iii) between any two Schedules, the Schedule more relevant to the issue under consideration shall prevail; (iv) between the written description on the Drawings and the Specifications and Standards, the latter shall prevail; (v) between the dimension scaled from the Drawing and its specific written dimension, the latter shall prevail; and (vi) between any value written in numerals and that in words, the latter shall prevail.
Appears in 4 contracts
Samples: Concession Agreement, Concession Agreement, Concession Agreement
Priority of agreements, clauses and schedules. 1.2.1 The Schedules and Recitals to this Agreement and the Request for Proposals (a“RFP”) forms an integral part of this Agreement and will be in full force and effect as though they were expressly set out in the body of this Agreement.
1.2.2 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 following orderfollowing:
(ia) the this Agreement;
b) the Schedules of this Agreement;
c) the latest and amended Financial Proposal of the Selected Bidder as accepted by the Authority;;
d) the Letter of Award (iiLOA) issued to the Selected Bidder;
e) the written clarifications, if any, issued to the bidders and
f) the RFP and all other agreements and documents forming part hereof or referred to herein;
(iii) of the LOA issued to bidding documents published by the Selected Bidder;
(iv) written addenda to the Bid;
(v) bid document; and
(vi) the BidAuthority.
(b) 1.2.3 Subject to the provisions of Article 1.4 (a)1.2.2, in case of ambiguities or discrepancies within this Agreement, the following shall apply:
(ia) between two or more Articles Article of this Agreement, the provisions of a specific Article relevant to the issue under consideration shall prevail over those in other Articles;
(iib) between the Articles of this Agreement and the Schedules, the Articles shall prevail;
(iiic) between any two Schedules, the Schedule more relevant to the issue under consideration shall prevail;
(iv) between the written description on the Drawings and the Specifications and Standards, the latter shall prevail;
(v) between the dimension scaled from the Drawing and its specific written dimension, the latter shall prevail; and
(vid) between any value written in numerals and that in words, the latter shall prevail;
e) between the dimension scaled from the Designs and Drawings and its specific written dimension, the latter shall prevail;
f) between the written description on the Designs and Drawings and the Technical Specifications, the latter shall prevail.
Appears in 3 contracts
Samples: Performance Based Contract, Performance Based Contract (Pbc), Performance Based Contract (Pbc)
Priority of agreements, clauses and schedules. (a) This Agreement, The provisions of the Clauses 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 Schedules of this Agreement and other documents and agreements forming part hereof or referred to herein shall, shall be interpreted in such a manner that will ensure that there is no inconsistency in interpretation between the intent expressed in the event of any conflict between them, be in Clauses and the following order:
(i) the Agreement;
(ii) all other agreements and documents forming part hereof or referred to herein;
(iii) the LOA issued to the Selected Bidder;
(iv) written addenda to the Bid;
(v) bid document; and
(vi) the BidSchedules.
(b) Subject to In the provisions event of Article 1.4 (a), in case of any ambiguities or discrepancies within this Agreement, the following shall apply:
(i) between two or more Articles Clauses of this Agreement, the provisions of a the specific Article Clause relevant to the issue under consideration shall prevail over those in other ArticlesClauses;
(ii) between the Articles requirements of two or more Schedules of this Agreement and the SchedulesAgreement, the Articles shall prevail;
(iii) between any two Schedules, provisions of the specific Schedule more relevant to the issue under consideration shall prevailprevail over the more general; and
(iii) between the Clauses and the Schedules, unless specified otherwise, the Clauses shall prevail over the Schedules.
(c) In the event of any discrepancy between various documents issued by or provided to the Authority as a part of the Bid Process, the following order of priority shall apply:
(i) this Agreement;
(ii) the Schedules to this Agreement;
(iii) the LOA issued to the Selected Bidder;
(iv) between the written description on Financial Proposal submitted by the Drawings and the Specifications and Standards, the latter shall prevailSelected Bidder;
(v) between the dimension scaled from written clarifications, if any, issued to the Drawing and its specific written dimension, the latter shall prevailbidders; and
(vi) between any value written in numerals and that in words, the latter shall prevailRFP.
Appears in 3 contracts
Samples: Concession Agreement, Concession Agreement, Concession Agreement
Priority of agreements, clauses and schedules. (a) 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 following order:
(i) the this Agreement;; and
(ii) all other agreements and documents forming part hereof or referred to herein;.
i. e. this Agreement at (i) above shall prevail over the agreements and documents at
(iiiii) the LOA issued to the Selected Bidder;
(iv) written addenda to the Bid;
(v) bid document; and
(vi) the Bidabove.
(b) Subject to the provisions of Article 1.4 Clause 1.8 (a), in case of ambiguities or discrepancies within this Agreement, the following shall apply:
(i) between two or more Articles Clauses of this Agreement, the provisions of a specific Article Clause relevant to the issue under consideration shall prevail over those in other ArticlesClauses;
(ii) between the Articles Clauses of this Agreement and the Schedules, the Articles Clauses shall prevail;
(iii) between any two Schedules, the Schedule more relevant to the issue under consideration shall prevail;
(iv) between the written description on the Drawings and the Specifications and Standards, the latter shall prevail;
(v) between the dimension scaled from the Drawing and its specific written dimension, the latter shall prevail; and
(vi) between any value written in numerals and that in words, the latter shall prevail.
Appears in 2 contracts
Samples: Concession Agreement, Concession Agreement
Priority of agreements, clauses and schedules. (a) 1.4.1 This Agreement, and all other agreements and documents forming part of of, or referred to in this Agreement 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 following order:
1) Any mutual agreement made after Signing of this Contract.
2) This Contract Agreement
3) Letter of Award (iLOA)
4) the All correspondence exchanged prior to Letter of Award
5) Minutes of Meetings and Techno-Commercial Discussions
6) Bidder’s Techno-Commercial Offer and Price offer
7) Tender Specification
a) Notice Inviting Bid (NIB)
b) Instructions to Bidders
c) Draft Coal Mining Agreement;
(iid) all other agreements and documents forming part hereof or referred to herein;
(iii) the LOA issued to the Selected Bidder;
(iv) written addenda to the Bid;
(v) bid document; and
(vi) the Bid.
i. e. the Agreement at (bc ) above shall prevail over the other agreements and documents.
1.4.2 Subject to the provisions of Article 1.4 (a)Clause 1.4.1, in case of ambiguities or discrepancies within this Agreement, the following shall apply:
(ia) between Between two or more Articles Clauses of this Agreement, the provisions of a specific Article Clause relevant to the issue under consideration shall prevail over those in other ArticlesClauses;
(iib) between Between the Articles Clauses of this Agreement and the Schedules, the Articles Clauses shall prevail and between Schedules and Annexes, the Schedules shall prevail;
(iiic) between Between any two Schedules, the Schedule more relevant to the issue under consideration shall prevail;
(ivd) between Between the written description on the Drawings and the Specifications and Standards, the latter shall prevail;
(ve) between Between the dimension scaled from the Drawing and its specific written dimension, the latter shall prevail; and
(vif) between Between any value written in numerals and that in words, the latter shall prevail.
2.1 Scope of the Project
Appears in 2 contracts
Samples: Coal Mining Agreement, Coal Mining Agreement
Priority of agreements, clauses and schedules. (a) 1.4.1 This Agreement, and all other agreements and documents forming part of of, or referred to in this Agreement 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 following order:
(ia) Amendment(s) to the Agreement;
(iib) this Agreement; and
(c) all other agreements and documents forming part hereof or referred to herein;
(iii) the LOA issued to the Selected Bidder;
(iv) written addenda to the Bid;
(v) bid document; and
(vi) the Bid.
i. e. the Amendment to Agreement at (a) above shall prevail over the agreements and documents at (b) & (c) above.
1.4.2 Subject to the provisions of Article 1.4 (a)Clause 1.4.1, in case of ambiguities or discrepancies within this Agreement, the following shall apply:
(ia) between two or more Articles Clauses of this Agreement, the provisions of a specific Article Clause relevant to the issue under consideration shall prevail over those in other ArticlesClauses;
(iib) between the Articles Clauses of this Agreement and the Schedules, the Articles Clauses shall prevail;
(iiic) between any two Schedules, the Schedule more relevant to the issue under consideration shall prevail;
(ivd) between the written description on the Drawings and the Specifications and Standards, the latter shall prevail;
(ve) between the dimension scaled from the Drawing and its specific written dimension, the latter shall prevail; and
(vif) between any value written in numerals and that in words, the latter shall prevail.
Appears in 1 contract
Samples: Exploration Service Agreement
Priority of agreements, clauses and schedules. (a) 1.4.1 This Agreement, and all other agreements and documents forming part of or referred to in this Agreement 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 following order:
(ia) the this Agreement;; and
(iib) all other agreements and documents forming part hereof or referred to herein;
(iii) the LOA issued to the Selected Bidder;
(iv) written addenda to the Bid;
(v) bid document; and
(vi) the Bid.
(b) 1.4.2 Subject to the provisions of Article 1.4 (a)Clause 1.4.1, in case of ambiguities or discrepancies within this Agreement, the following shall apply:
(ia) between two or more Articles Clauses of this Agreement, the provisions of a specific Article Clause relevant to the issue under consideration shall prevail over those in other ArticlesClauses;
(iib) between the Articles Clauses of this Agreement and the Schedules, the Articles Clauses shall prevail and between Schedules and Annexes, the Schedules shall prevail;
(iiic) between any two Schedules, the Schedule more relevant to the issue under consideration shall prevail;
(ivd) between the written description on the Drawings and the Specifications and Standards, the latter shall prevail;
(ve) between the dimension scaled from the Drawing and its specific written dimension, the latter shall prevail; and
(vif) between any value written in numerals and that in words, the latter shall prevail.
Appears in 1 contract
Samples: Project Agreement
Priority of agreements, clauses and schedules. (a) 1.4.1 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 following order:
(ia) the this Agreement;; and
(iib) all other agreements and documents forming part hereof or referred to herein;
(iiic) i.e. the LOA issued to Agreement at (a) above shall prevail over the Selected Bidder;
(iv) written addenda to the Bid;
(v) bid document; and
(vi) the Bid.
agreements and documents at (b) above.
1.4.2 Subject to the provisions of Article 1.4 (a)Clause 1.4.1, in case of ambiguities or discrepancies within this Agreement, the following shall apply:
(ia) between two or more Articles Clauses of this Agreement, the provisions of a specific Article Clause relevant to the issue under consideration shall prevail over those in other ArticlesClauses;
(iib) between the Articles Clauses of this Agreement and the Schedules, the Articles Clauses shall prevail and between Schedules and Annexes, the Schedules shall prevail;
(iiic) between any two Schedules, the Schedule more relevant to the issue under consideration shall prevail;
(ivd) between the written description on the Drawings and the Specifications and Standards, the latter shall prevail;
(ve) between the dimension scaled from the Drawing and its specific written dimension, the latter shall prevail; and
(vif) between any value written in numerals and that in words, the latter shall prevail.
Appears in 1 contract
Samples: Concession Agreement
Priority of agreements, clauses and schedules. (a) 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 following order:
(i) the this Agreement;; and
(ii) all other agreements and documents forming part hereof or referred to herein;.
e. the Agreement at (i) above shall prevail over the agreements and documents at
(iiiii) the LOA issued to the Selected Bidder;
(iv) written addenda to the Bid;
(v) bid document; and
(vi) the Bidabove.
(b) Subject to the provisions of Article 1.4 (aClause 1.8(a), in case of ambiguities or discrepancies within this Agreement, the following shall apply:
(i) between two or more Articles Clauses of this Agreement, the provisions of a specific Article Clause relevant to the issue under consideration shall prevail over those in other ArticlesClauses;
(ii) between the Articles Clauses of this Agreement and the Schedules, the Articles Clauses shall prevail;
(iii) between any two Schedules, the Schedule more relevant to the issue under consideration shall prevail;
(iv) between the written description on the Drawings and the Specifications and Standards, the latter shall prevail;
(v) between the dimension scaled from the Drawing and its specific written dimension, the latter shall prevail; and
(vi) between any value written in numerals and that in words, the latter shall prevail.
Appears in 1 contract
Samples: Concession Agreement
Priority of agreements, clauses and schedules. (a) 1.4.1 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 following order:
(ia) the this Agreement;; and
(iib) all other agreements and documents forming part hereof or referred to herein;
(iiic) i.e. the LOA issued to Agreement at (a) above shall prevail over the Selected Bidder;
(iv) written addenda to the Bid;
(v) bid document; and
(vi) the Bid.
agreements and documents at (b) above.
1.4.2 Subject to the provisions of Article 1.4 (a)Clause 1.4.1, in case of ambiguities or discrepancies within this Agreement, the following shall apply:
(ia) between two or more Articles Clauses of this Agreement, the provisions of a specific Article Clause relevant to the issue under consideration shall prevail over those in other ArticlesClauses;
(iib) between the Articles Clauses of this Agreement and the Schedules, the Articles Clauses shall prevail and between Schedules and Annexes, the Schedules shall prevail;
(iiic) between any two Schedules, the Schedule more relevant to the issue under consideration shall prevail;
(ivd) between the written description on the Drawings and the Specifications and Standards, the latter shall prevail;
(ve) between the dimension scaled from the Drawing and its specific written dimension, the latter shall prevail; and
(vif) between any value written in numerals and that in words, the latter shall prevail.. [National Highways Authority of India] Draft Model Concession Agreement [National Highways Authority of India] Draft Model Concession Agreement
Appears in 1 contract
Samples: Model Concession Agreement
Priority of agreements, clauses and schedules. (a) 1.4.1 This Agreement, and all other agreements and documents 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 Documents and agreements forming part hereof or referred to herein shall, in the event of any conflict between them, be in the following order:
(ia) the this Agreement;; and
(iib) all other agreements and documents Documents forming part hereof or referred to herein;,
i. e. this Agreement at (iiia) above shall prevail over the LOA issued to the Selected Bidder;
agreements and Documents at (iv) written addenda to the Bid;
(v) bid document; and
(vi) the Bidb).
(b) 1.4.2 Subject to the provisions of Article 1.4 (a)Clause 1.4.1, in case of ambiguities or discrepancies within this Agreement, the following shall apply:
(ia) between two or more Articles Clauses of this Agreement, the provisions of a specific Article Clause relevant to the issue under consideration shall prevail over those in other ArticlesClauses;
(iib) between the Articles Clauses of this Agreement and the Schedules, the Articles Clauses shall prevail and between Schedules and Annexes, the Schedules shall prevail;
(iiic) between any two Schedules, the Schedule more relevant to the issue under consideration shall prevail;
(ivd) between the written description on the Drawings and the Specifications and Standards, the latter shall prevail;
(ve) between the dimension scaled from the Drawing and its specific written dimension, the latter shall prevail; and
(vif) between any value written in numerals and that in words, the latter shall prevail.
Appears in 1 contract
Samples: Concession Agreement
Priority of agreements, clauses and schedules. (a) This Agreement, and all other agreements and documents forming part of or referred to in this Agreement 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 following order:
(i) the Agreement;
(ii) all other agreements and documents forming part hereof or referred to herein;
(iii) the LOA issued to the Selected Bidder;
(iv) written addenda Addenda to the Bid;
(v) bid document; and
(vi) the Bid.
(b) Subject to the provisions of Article Clause 1.4 (a), in case of ambiguities or discrepancies within this Agreement, the following shall apply:
(i) between Between two or more Clauses / Articles of this Agreement, the provisions of a specific Article Clause / Articles relevant to the issue under consideration shall prevail over those in other Clauses/ Articles;
(ii) between Between the Clauses/ Articles of this Agreement and the Schedules, the Clauses / Articles shall prevail and between Schedules and Annexes, the Schedules shall prevail;
(iii) between Between any two Schedules, the Schedule more relevant to the issue under consideration shall prevail;
(iv) between Between the written description on the Drawings and the Specifications and Standards, the latter shall prevail;
(v) between Between the dimension scaled from the Drawing and its specific written dimension, the latter shall prevail; and
(vi) between Between any value written in numerals and that in words, the latter shall prevail.
Appears in 1 contract
Samples: Concession Agreement
Priority of agreements, clauses and schedules. (a) 1.4.1 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 following order:
(ia) the this Agreement;; and
(iib) all other agreements and documents forming part hereof or referred to herein;
(iiic) i.e., the LOA issued to Agreement at (a) above shall prevail over the Selected Bidder;
(iv) written addenda to the Bid;
(v) bid document; and
(vi) the Bid.
agreements and documents at (b) above.
1.4.2 Subject to the provisions of Article 1.4 (a)Clause 1.4.1, in case of ambiguities or discrepancies within this Agreement, the following shall apply:
(ia) between two or more Articles Clauses of this Agreement, the provisions of a specific Article Clause relevant to the issue under consideration shall prevail over those in other ArticlesClauses;
(iib) between the Articles Clauses of this Agreement and the Schedules, the Articles Clauses shall prevail and between Schedules and Annexes, the Schedules shall prevail;
(iiic) between any two Schedules, the Schedule more relevant to the issue under consideration shall prevail;
(ivd) between the written description on the Drawings and the Specifications and Standards, the latter shall prevail;
(ve) between the dimension scaled from the Drawing and its specific written dimension, the latter shall prevail; and
(vif) between any value written in numerals and that in words, the latter shall prevail.
Appears in 1 contract
Samples: Concession Agreement
Priority of agreements, clauses and schedules. (a) 1.4.1 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 following order:
(ia) the this Agreement;
(iib) all other agreements and documents forming part hereof or referred to herein;
(iii) the LOA issued to the Selected Bidder;
(iv) written addenda to the Bid;
(v) bid document; and
(vic) RFP
i. e. the Bid.
Agreement at (a) above shall prevail over the agreements and documents at (b) above.
1.4.2 Subject to the provisions of Article 1.4 (a)Clause 1.4.1, in case of ambiguities or discrepancies within this Agreement, the following shall apply:
(ia) between two or more Articles Clauses of this Agreement, the provisions of a specific Article Clause relevant to the issue under consideration shall prevail over those in other ArticlesClauses;
(iib) between the Articles Clauses of this Agreement and the Schedules, the Articles Clauses shall prevail and between Schedules and Annexes, the Schedules shall prevail;
(iiic) between any two Schedules, the Schedule more relevant to the issue under consideration shall prevail;
(ivd) between the written description on the Drawings and the Specifications and Standards, the latter shall prevail;
(ve) between the dimension scaled from the Drawing and its specific written dimension, the latter shall prevail; and
(vif) between any value written in numerals and that in words, the latter shall prevail.
Appears in 1 contract
Samples: Development Agreement
Priority of agreements, clauses and schedules. (a) i. This Agreement, and all other agreements and documents forming part of or referred to in this Agreement 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 following order:
(ia) the this Agreement;; and
(iib) The Bid/Tender Document along with all the corrigendum issued.
(c) all other agreements and documents forming part hereof or referred to herein;
; i.e., the Agreement at (iiia) above shall prevail over the LOA issued to the Selected Bidder;
agreements and documents at (ivb) written addenda to the Bid;
and (v) bid document; and
(vi) the Bid.c),
(b) above shall prevail over the agreements and documents at (c) above.
ii. Subject to the provisions of Article 1.4 (a)Clause i, in case of ambiguities or discrepancies within this Agreement, the following shall apply:
(ia) between two or more Articles Clauses of this Agreement, the provisions of a specific Article Clause relevant to the issue under consideration shall prevail over those in other ArticlesClauses;
(iib) between the Articles Clauses of this Agreement and the Schedules, the Articles Clauses shall prevail and between Schedules and Annexes, the Schedules shall prevail;
(iiic) between any two Schedules, the Schedule more relevant to the issue under consideration shall prevail;
(ivd) between the written description on the Drawings and the Specifications and Standards, the latter shall prevail;
(ve) between the dimension scaled from the Drawing and its specific written dimension, the latter shall prevail; and
(vif) between any value written in numerals and that in words, the latter shall prevail.
Appears in 1 contract
Samples: License Agreement