Common use of The Agreement; Order of Precedence Clause in Contracts

The Agreement; Order of Precedence. This Agreement, together with the other Contract Documents, forms the entire contract between the Parties related to the Project and the other subject matter hereof (the “Contract”). The order of precedence of the Contract Documents is established in Article 12 of this Agreement, in the event there are inconsistent or conflicting terms among the Contract Documents. The Parties understand and agree that one of the Contract Documents, the State of Oregon – Oregon University System General Conditions for Public Improvement Contracts (rev. February 1, 2011) (the “General Conditions”), a copy of which is attached hereto and incorporated herein by this reference as Exhibit C, is used with a variety of alternative contracting methods, and that some of the terms of the General Conditions may not be applicable in a design-build context. Owner and Design-Builder agree that the General Conditions shall be subordinate to the terms of the Agreement and that in the event of any conflict or ambiguity between the General Conditions and the Agreement, the terms and conditions stated in the Agreement shall control. The Supplemental General Conditions, attached hereto and incorporated herein by this reference as Exhibit D, are also Contract Documents and their order of precedence is established in Article 12. The General Conditions, the Supplemental General Conditions and other Contract Documents, to the extent consistent with this Agreement, shall also apply to the services/work of all of Design-Builder’s consultants, sub-consultants and subcontractors pursuant to Section 2.6 below (the “Consultants”).

The Agreement; Order of Precedence. This Agreement, together with the other Contract Documents, forms the entire contract between the Parties related to the Project and the other subject matter hereof (the “Contract”). The order of precedence of the Contract Documents is established in Article 12 13 of this Agreement, in the event there are inconsistent or conflicting terms among the Contract Documents. The Parties understand and agree that one of the Contract Documents, the State of Oregon – Oregon University System General Conditions for Public Improvement Contracts (rev. February July 1, 20112012) (the “General Conditions”), a copy of which is attached hereto and incorporated herein by this reference as Exhibit C, is used with a variety of alternative contracting methods, and that some of the terms of the General Conditions may not be applicable in a design-design- build context. Owner and Design-Builder agree that the General Conditions shall be subordinate to the terms of the Agreement and that in the event of any conflict or ambiguity between the General Conditions and the Agreement, the terms and conditions stated in the Agreement shall control. The Supplemental General Conditions, attached hereto and incorporated herein by this reference as Exhibit D, are also Contract Documents and their order of precedence is established in Article 1213. The General Conditions, the Supplemental General Conditions and other Contract Documents, to the extent consistent with this Agreement, shall also apply to the services/work of all of Design-Builder’s consultants, sub-sub- consultants and subcontractors pursuant to Section 2.6 2.7 below (the “Consultants”).

The Agreement; Order of Precedence. This Agreement, together with the other Contract Documents, forms the entire contract between the Parties related to the Project and the other subject matter hereof (the “Contract”). The order of precedence of the Contract Documents is established in Article 12 of this Agreement, in the event there are inconsistent or conflicting terms among the Contract Documents. The Parties understand and agree that one of the Contract Documents, the State of Oregon – Oregon University System General Conditions for Public Improvement Contracts (rev. February July 1, 20112012) (the “General Conditions”), a copy of which is attached hereto and incorporated herein by this reference as Exhibit C, is used with a variety of alternative contracting methods, and that some of the terms of the General Conditions may not be applicable in a design-build context. Owner and Design-Builder agree that the General Conditions shall be subordinate to the terms of the Agreement and that in the event of any conflict or ambiguity between the General Conditions and the Agreement, the terms and conditions stated in the Agreement shall control. The Supplemental General Conditions, attached hereto and incorporated herein by this reference as Exhibit D, are also Contract Documents and their order of precedence is established in Article 12. The General Conditions, the Supplemental General Conditions and other Contract Documents, to the extent consistent with this Agreement, shall also apply to the services/work of all of Design-Builder’s consultants, sub-consultants and subcontractors pursuant to Section 2.6 below (the “Consultants”).