Recitals and Controlling Terms Clause Samples
The "Recitals and Controlling Terms" clause defines the relationship between the introductory statements (recitals) and the operative provisions of a contract. Typically, this clause clarifies that while recitals provide background context or the purpose of the agreement, the specific terms and conditions outlined in the main body of the contract take precedence in the event of any conflict or inconsistency. For example, if a recital suggests a broader intent but the operative terms are more limited, the operative terms will govern. This clause ensures that the enforceable obligations are clear and that any ambiguity between background information and binding terms is resolved in favor of the latter, thereby reducing the risk of disputes over interpretation.
Recitals and Controlling Terms. The foregoing Recitals are hereby incorporated by reference as if fully restated. All capitalized terms used herein which are not specifically defined shall have the meanings provided in the Agreement From and after the Second Amendment Date (as hereinafter defined), references to the Agreement shall refer to the Agreement as amended by this Second Amendment.
Recitals and Controlling Terms. The foregoing Recitals are hereby incorporated by reference as if fully restated.