Subject to Sections 1. 2.2 through 1.2.5, in the event of any conflict among the Contract Documents, the order of precedence shall be as set forth below:
1. Change Orders and Agreement amendments (excluding amendments to the Technical Provisions which are separately addressed in subparagraphs 3 and 5, below), and all exhibits and attachments thereto;
2. Book 1 (this Agreement including all exhibits and the executed originals of exhibits that are contracts, except Exhibits 2 and 19);
3. Book 2 (Technical Provisions) amendments, and all exhibits and attachments to such amendments;
4. Book 2 (Technical Provisions), and all exhibits and attachments to the Technical Provisions;
Subject to Sections 1. 2.3 through 1.2.5, in the event of any conflict among the CMA Documents, the order of precedence shall be as set forth below:
(a) Change Orders and all other amendments to this Capital Maintenance Agreement (except for amendments to the Maintenance Specification, which amendments shall have the order of priority as set forth in clause (c) below);
(b) this Capital Maintenance Agreement (including all exhibits, except Exhibits 2 and 3);
(c) portions of the Design-Build Agreement included by reference in accordance with Section 1.2.5;
(d) Change Orders and all other amendments to Exhibit 2 (Maintenance Specification) or to any attachments thereto;
(e) Exhibit 2 (Maintenance Specification) and all attachments thereto;
(f) portions of the Technical Provisions included by reference in accordance with Section 1.2.5; and
(g) DB Contractor’s Proposal Commitments as set forth in
Subject to Sections 1. 2.3 and 1.2.4, in the event of any irreconcilable conflict, ambiguity or inconsistency among the PPA Documents, the order of precedence, from highest to lowest, shall be as follows:
1.2.2.1 Change Orders and Agreement amendments and supplements, and all exhibits, appendices and attachments to such amendments and supplements;
1.2.2.2 This Agreement, including all Exhibits other than Exhibit 2 (Developer’s Schematic Design of Project and Proposal Commitments) which has a lower order of precedence, and the executed originals of Exhibits that are contracts;
1.2.2.3 Technical Provisions amendments, including all exhibits and attachments to such amendments;
1.2.2.4 The Technical Provisions, including all exhibits and attachments to the Technical Provisions;
1.2.2.5 Supplements and amendments to Exhibit 2 (Developer’s Schematic Design of Project and Proposal Commitments); and
1.2.2.6 Developer’s Proposal commitments set forth in Exhibit 2 (Developer’s Schematic Design of Project and Proposal Commitments), including Developer’s Schematic Design.
Subject to Sections 1. 2.2 through 1.2.5, in the event of any conflict among the Contract Documents, the order of precedence shall be as set forth below:
1. Change Orders and Agreement amendments (excluding amendments to Book 2 which are separately addressed in subparagraphs 3 and 4, below), and all exhibits and attachments thereto;
2. Book 1 (this Agreement including all exhibits and the executed originals of exhibits that are contracts, except Exhibits 2 and 19);
3. Book 2 (Technical Provisions) amendments, and all exhibits and attachments to such amendments;
4. Book 2 (Technical Provisions), and all exhibits and attachments to the Technical Provisions;
5. Developer’s Proposal Commitments and ATCs (as set forth in Exhibit
6. Final Design Documents to be developed in accordance with the Contract Documents, provided that: (a) specifications contained therein shall have precedence over plans; (b) no conflict shall be deemed to exist between the Final Design Documents and the other Contract Documents with respect to requirements of the Final Design Documents that TxDOT determines are more beneficial than the requirements of the other Contract Documents; and (c) any other Deviations contained in the Final Design Documents shall have priority over conflicting requirements of other Contract Documents only to the extent that the conflicts are specifically identified to TxDOT by Developer and such Deviations are approved by TxDOT in writing.
Subject to Sections 1. 1 - 1.3 above, the Custodian is hereby authorized to place and maintain foreign Property on behalf of the Fund with Eligible Foreign Custodians pursuant to a written contract deemed appropriate by the Custodian.
Subject to Sections 1. 2.2 through 1.2.6, in the event of any conflict among the DBA Documents, the order of precedence shall be as set forth below:
1. Change Orders and DBA Document amendments (excluding amendments to the Technical Provisions), and all exhibits and attachments thereto;
2. This Design-Build Agreement (or DBA), including all exhibits hereto and the executed originals of exhibits that are contracts, except Exhibits 2 and 22);
3. Technical Provisions amendments, and all exhibits and attachments to such amendments;
4. The Technical Provisions, and all exhibits and attachments to the Technical Provisions;
Subject to Sections 1. 1 - 1.3 above, the Custodian is hereby authorized to place and maintain Foreign Assets on behalf of Penn Series with Eligible Foreign Custodians pursuant to a written contract deemed appropriate by the Custodian.
Subject to Sections 1. 2 and 1.3, the term of this Agreement shall commence on the date of this Agreement, and shall terminate on September 30, 2006, provided that this Agreement shall automatically be renewed for one (1) additional year at the end of the original or any extended term, unless either party gives written notice of termination to the other party at least twelve (12) months prior to the expiration of the original or extended term. Notwithstanding the above, however, immediately following the end of the third year of the term of this Agreement, the parties shall negotiate in good faith for the purpose of extending the initial term of this Agreement to ten (10) years.
Subject to Sections 1. 2.3 and 1.2.4, in the event of any conflict, ambiguity or inconsistency within the Contract Documents, the order of precedence, from highest to lowest, shall be as follows:
1. this Agreement, including all Exhibits and the Financial Model, except Exhibit 2A (Proposal Commitments) and Exhibit 2B (Alternative Technical Concepts);
Subject to Sections 1. 2.3 through 1.2.5, in the event of any conflict among the CMA Documents, the order of precedence shall be as set forth below:
(a) Change Orders and amendments to this Capital Maintenance Agreement (except for amendments to the Maintenance Specification which amendments shall have the order of priority as set forth in clause (c) below);
(b) this Capital Maintenance Agreement (including all exhibits, except Exhibits 2 and 3, subject to Section 1.2.4);
(c) Exhibit 2 (Maintenance Specification) and all attachments thereto; and
(d) Maintenance Contractor’s Proposal Commitments as set forth in Exhibit 3.
