Priority of Terms. To the extent of any conflict between or among (a) the express terms or provisions of any of the DIP Loan Documents, the Motion, any other order of this Court, or any other agreements, on the one hand, and (b) the terms and provisions of this Interim Order, on the other hand, unless such term or provision herein is phrased in terms of “defined in” or “as set forth in” the DIP Credit Agreement, the terms and provisions of this Interim Order shall govern.
Priority of Terms. In the event of any inconsistency between the terms of a Confirmation and the terms of these GTCs, the Confirmation shall govern the relevant Transaction.
Priority of Terms. If there is an inconsistency between any of the schedule, these terms and conditions and the terms of a security, the inconsistency will be resolved by giving priority to the schedule, then these terms and conditions, then the security.
Priority of Terms. The Preamble and Exhibits to this Agreement constitute an integral part thereof. In the event of a conflict, the terms contained in this Agreement supersede the terms and conditions set forth in any purchase order or purchase order approval document.
Priority of Terms. In the event of discrepancy or inconsistency between terms and conditions, the following order of precedence shall apply:
Priority of Terms. For any inconsistencies between this Agreement and its attachments, the express terms of this Agreement shall govern.
Priority of Terms. In the event of any conflict or inconsistency between the various parts of this CHARTER, the Articles will take precedence over all other parts of this CHARTER, including any Exhibits, Attachments and Addenda, unless specifically stated otherwise. THE PARTIES HAVE EXECUTED THIS CHARTER by their respective authorized representatives, as of the date first written above. CONTRACTOR: CHARTERER: BP America Production Company By: -- (Signature) (Date) By: ..:...... _ (Signature) (Date) (Print or Type Name) (Print or Type Name) (Print or Type Title) (Print or Type Title) Exhibit A Attached to and made part of the Master Vessel Charter Agreement dated , 2010 between Charterer and Vessel Owners COMPENSATION PROVISIONS/PUBLISHED RATE SCHEDULE PARAGRAPH 1 - COMPENSATION As full and complete compensation to VESSEL OWNER for SERVICES satisfactorily performed and for assuming obligations hereunder, CHARTERER, for and on behalf of OWNERS, will pay VESSEL OWNER on the basis of the fixed rates (FIXED RATES), set forth below in PARAGRAPH 2 - FIXED RATES, and will reimburse VESSEL OWNER for the costs of specific items set forth below in PARAGRAPH 3 - REIMBURSABLE COSTS. CHARTERER shall be entitled at any time during the term of this CHARTER to revise EXHIBIT A - COMPENSATION PROViSIONS/PUBLISHED RATE SCHEDULE, by submitting or making available for viewing to VESSEL OWNER, a new EXHIBIT A- COMPENSATION PROVISIONS/PUBLISHED RATE SCHEDULE. PARAGRAPH 2 - FIXED RATES VESSEL OWNER's FIXED RATES (hereinafter FIXED RATES) are agreed to be VESSEL OWNER's sole, complete, and exclusive compensation for performing and completing SERVICES under CHARTER, except as noted in PARAGRAPH 3 - REIMBURSABLE COSTS below, including, without limitation, all management, labor, supervision, salaries, wages, taxes of all kinds, insurance premiums, contributions, equipment, equipment maintenance, materials (not provided by CHARTERER), support facilities, transportation (if not provided by CHARTERER), tools, overhead and profit. FIXED RATES are not subject to renegotiation or retroactive adjustments based on actual experience and are not subject to escalation. FIXED RATES FOR SERVICES: SERVICES FIXED RATES A. Vessel Services:
Priority of Terms. To the extent of any conflict between or among (i) the express terms or provisions of any of the DIP Credit Documents, the Motion, any other order of this Court (including, without limitation, the Cash Management Order), or any other agreements, on the one hand, and (ii) the terms and provisions of this Interim Order, on the other hand, unless such term or provision herein is phrased in terms of “defined in” or “as set forth in” any of the other DIP Credit Documents, the terms and provisions of this Interim Order shall govern. This Interim Order shall take effect and be fully enforceable nunc pro tunc to the Petition Date immediately upon entry hereof, notwithstanding the possible application of Bankruptcy Rules 6004(h), 7062, 9014 or otherwise.
Priority of Terms. If the terms of a Proposal directly and materially conflict with the terms of this Agreement, then the terms of the Proposal will control, but only regarding that particular Proposal. Notwithstanding the foregoing, if the conflicting terms modify the Provider’s liability (or any limitations of liability) or modify any warranties provided by the Provider under this Agreement, then the terms of this Agreement will control unless the Proposal specifically acknowledges that particular conflict and specifically states that the Proposal will control on that issue. The termination of one Proposal will not, by itself, cause the termination of any other then-existing Proposal.
Priority of Terms. To the extent there is a conflict between the Agreement and the terms of this BAA, the terms of this BAA will prevail in connection with PHI. Notwithstanding the foregoing, and solely to the extent Customer and Clumio have also signed a DPA, if there is any conflict between this BAA and the DPA, then this BAA shall prevail solely with respect to such PHI.
