Resolution of Ambiguities. If there is any ambiguity, discrepancy or inconsistency in the documents which make up the Contract the order of precedence in the Contract Particulars will apply. If the Contractor or the Contract Administrator considers there is any ambiguity, discrepancy or inconsistency in any documents which form part of the Contract, it must give notice to the other. The Contract Administrator must direct the Contractor as to the course it must adopt within 14 days of this notice. If the Contractor believes this direction constitutes a Variation it must give notice to the Contract Administrator under clause 10.4 before it complies with this direction.
Resolution of Ambiguities. If there is any ambiguity, discrepancy or inconsistency in the documents which make up the Contract: subject to subparagraph (ii), the order of precedence specified in the Contract Particulars will apply; where the ambiguity, discrepancy or inconsistency is between the Works Description and any other requirement of the Contract (including any other requirement of the Works Description), the greater, higher or more stringent requirement, standard, level of service or scope (as applicable) will prevail; and irrespective of whether subparagraphs (i) and (ii) apply, if it is discovered by: the Contractor or the Commonwealth, then the party discovering it must promptly give the Contract Administrator and the other party notice in writing. After receipt of a notice from a party the Contract Administrator must within 14 days of receipt of the notice instruct the Contractor as to the course it must adopt; or the Contract Administrator, then the Contract Administrator must promptly give the parties notice in writing together with an instruction to the Contractor as to the course it must adopt, including, where applicable, by applying the principles in subparagraphs (i) and (ii) above.
Resolution of Ambiguities. All questions regarding the meaning and terms of either the Retirement Policy or this Agreement will be resolved by the Xxxxxx. CATHOLIC XXXXXX OF SPOKANE By: Most Xxx. Xxxxxx X. Daly PRESBYTERAL COUNCIL OF THE DIOCESE OF SPOKANE CHAIR By: Xxx. Xxxx Xxxxx VICE CHAIRMAN I hereby testify to the authenticity of the foregoing instrument in accord with canon 483.1.
Resolution of Ambiguities. If an ambiguity exists in this Agreement, or in a specific provision hereof, neither the Agreement nor the provision shall be construed against the party who drafted the Agreement or provision.
Resolution of Ambiguities. All questions regarding the meaning and terms of either the Retirement Policy or this Agreement will be resolved by the Xxxxxx. CATHOLIC XXXXXX OF SPOKANE By: (Signed by) MOST XXXXXXXX XXXXXX X. DALY PRESBYTERAL COUNCIL OF THE DIOCESE OF SPOKANE By: (Signed by) XXXXXXXX XXXXX XXXXXX CHAIR, Presbyteral Council By: (Signed by) XXXXXXXX XXXX XXXXX VICE CHAIR I hereby testify to the authenticity of the foregoing instrument in accord with canon 483.1.
Resolution of Ambiguities. All parties have been represented by legal counsel of their own choice in negotiation, drafting and review of this agreement. No rule of construction resolving any ambiguity against a drafting party shall apply.
Resolution of Ambiguities. If there is any ambiguity, discrepancy or inconsistency in the documents which make up the Subcontract, the order of precedence in the Subcontract Particulars will apply. If the Subcontractor or the Contractor's Representative considers there is any ambiguity, discrepancy or inconsistency in any documents which form part of the Subcontract, it must give notice to the other. The Contractor's Representative must direct the Subcontractor as to the course it must adopt within 14 days of this notice. If the Subcontractor believes this direction constitutes a Variation it must give notice to the Contractor's Representative under clause 10.3 before it complies with this direction. The Subcontractor must: unless otherwise specified, perform the Subcontractor's Activities so they comply with the MFPE, the Building Code of Australia and Statutory Requirements; apply for all Approvals, give all notices and pay all fees necessary to perform its Subcontract obligations; and give the Contractor copies of all relevant Approvals. If the requirements with which the Subcontractor must comply under this clause change after the Award Date, the Subcontractor must give written notice to the Contractor's Representative seeking his or her instructions. Any instruction issued by the Contractor's Representative that requires the Subcontractor to do more work than could reasonably have been anticipated at the Award Date will, subject to the Subcontractor complying with clause 12, entitle the Subcontractor to payment for the extra work as a Variation.
Resolution of Ambiguities. All parties acknowledge that this Agreement in its final form has been reviewed and approved by each of their respective attorneys. For that reason, all parties agree that should any provisions of this Agreement be found to be ambiguous in any way, such ambiguity shall not be resolved by construing the document in favor of or against any party hereto, but rather by construing the terms of the document fairly and reasonably, in accordance with the generally accepted meaning of said terms except as otherwise specifically defined herein. This Agreement shall be interpreted consistently with the intent that this Agreement shall fully and finally resolve all of the respective rights, obligations and claims of the parties with respect to the subject matter of this Agreement. For purposes of this Agreement, unless a clear and contrary intention appears, the singular includes the plural and vice versa, “including” (and with correlative meaning “include”) means including without limiting the generality of any description preceding such term, and “or” is used in the inclusive sense of “and/or.”
Resolution of Ambiguities. (a) The following order of precedence will apply to any ambiguity, discrepancy or inconsistency in the documents which make up the Contract, with those higher in the list having precedence over those lower in the list:
(i) either:
A. where a Standing Offer Deed exists, the Purchase Order; or
B. otherwise, the Formal Instrument of Agreement;
(ii) the General Conditions of Contract (including the Schedules and Appendix);
(iii) any Exhibits to the General Conditions of Contract other than the Statement of Work; and
(iv) the Statement of Work.
(b) If either party discovers any ambiguity, discrepancy or inconsistency in the documents which make up the Contract or between the Contract and any documents provided to the Contractor by or on behalf of the Principal which the Contractor is required by the Contract to use for design or construction purposes:
(i) the party must promptly give notice to the other; and
(ii) the Principal's Representative must instruct the Contractor as to the course it must adopt within 5 Business Days of the notice under paragraph (b)(i), and the Contractor must comply with any such instructions.
(c) If compliance with the Principal's Representative's instruction under paragraph (b)(ii) causes the Contractor to incur more or less cost than a competent and experienced contractor (having the experience of a contractor that is an expert in carrying out work of a nature similar to the Contractor's Activities) could reasonably have anticipated if it had carefully examined the Contract documents on or before the Award Date, then the difference in cost, as determined by the Principal's Representative, will be added to or deducted from the Contract Price (as applicable).
(d) If any ambiguity, discrepancy or inconsistency exists between the Statement of Work and any part of the Design Documentation (which the Contractor is entitled to use for construction purposes under clause 6.3) then, unless otherwise directed in writing by the Principal's Representative, the Statement of Work will prevail.
Resolution of Ambiguities. If there is any ambiguity, discrepancy or inconsistency in the documents which make up the Contract or between the Contract and any Project Documents:
(a) the following order of precedence will apply:
(i) Official Order;
(ii) Contract Particulars;
(iii) Fee Schedule;
(iv) Terms of Engagement;
(v) Brief;
(vi) Panel Agreement;
(vii) Project DCAP; and
(viii) other document forming part of the Contract (if any) specified in the Contract Particulars;
(b) where the ambiguity, discrepancy or inconsistency is between the Contract and any Project Documents, the higher standard, quality or quantum will prevail but if this does not resolve the ambiguity, discrepancy or inconsistency, paragraph (a) will prevail;
(c) if it is discovered by the Consultant or the Commonwealth's Representative, then the party discovering it must promptly give notice to the other; and
(d) the Commonwealth's Representative must instruct the Consultant as to the course it must adopt within 14 days of the notice under paragraph (c).
