Contract Documents; Order of Precedence. The Contract Documents shall consist of the following: this Contract, Exhibits A-F to this Contract, and the Proposal (as modified hereby). In the event of conflict or variance between the body of this Contract (Sections 1-16) and any other document comprising the Contract Documents, this Contract shall govern. Conflicts and variances among the documents comprising the Contract Documents shall be resolved by giving precedence in the following order: This Contract, the Exhibits, and the Proposal.
Contract Documents; Order of Precedence. The term "Contract Documents" shall mean the documents listed in this Section 1.2. Each of the Contract Documents is an essential part of the agreement between the Parties, and a requirement occurring in one is as binding as though occurring in all. The Contract Documents are intended to be complementary and to describe and provide for a complete agreement.
Contract Documents; Order of Precedence. Contract Modification – has the meaning attributed thereto in Paragraph 3.14, Changes.
Contract Documents; Order of Precedence. Contract Modification – has the meaning attributed thereto in Xxxxxxxxx 0.00, Xxxxxxx.
Contract Documents; Order of Precedence. The term "Contract Documents" shall mean the documents listed in this Section 1.2. Each of the Contract Documents is an essential part of the agreement between the Parties, and a requirement occurring in one is as binding as though occurring in all. The Contract Documents are intended to be complementary and to describe and provide for a complete agreement.
1.2.1 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;
5. Developer’s Proposal Commitments and ATCs (as set forth in Exhibit 2) ; and
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.
1.2.2 Notwithstanding the order of precedence among Contract Documents set forth in Section 1.2.1, in the event and to the extent that Exhibit 2 expressly specifies that it is intended to supersede specific provisions of the Contract Documents, Exhibit 2 shall control over the specified provisions. Moreover, if the Proposal includes statements, offers, terms, concepts and designs that can reasonably be interpreted as offers to provide higher quality items than otherwise required by the Contract Documents or to perform services or meet standards in addition to or better than those otherwise required, or otherwise contains statements, offers, ...
Contract Documents; Order of Precedence. The Contract consists of the ordering instrument and the provisions in Section 5.2 and any additional attached terms and conditions. In the event of a conflict, the order of precedence is as follows
Contract Documents; Order of Precedence. This Contract consists of the following documents, which are listed in descending order of precedence:
Contract Documents; Order of Precedence. The term "Contract Documents" shall mean the documents listed in this Section 1.2. Each of the Contract Documents is an essential part of the agreement between the Parties, and a requirement occurring in one is as binding as though occurring in all. The Contract Documents are intended to be complementary and to describe and provide for a complete agreement.
1.2.1 Subject to Sections 1.2.2 through 1.2.6, in the event of any conflict among the Contract Documents, the order of precedence shall be as set forth below:
1. Change Orders and all other amendments to this Agreement (excluding amendments to the Technical Provisions that are separately addressed in subparagraphs 3 and 4, below), and all exhibits and attachments thereto;
2. This Agreement including all exhibits and the executed originals of exhibits that are contracts, except Exhibits 2 and 19);
3. Amendments to the Technical Provisions (including Change Orders to the extent they amend the Technical Provisions), and all exhibits and attachments to such amendments;
4. The Technical Provisions, and all exhibits and attachments to the Technical Provisions;
Contract Documents; Order of Precedence. The term "Contract Documents" shall mean the documents listed in this Section 1.2. Each of the Contract Documents is an essential part of the agreement between the Parties, and a requirement occurring in one is as binding as though occurring in all. The Contract Documents are intended to be complementary and to describe and provide for a complete agreement.
1.2.1 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);
Contract Documents; Order of Precedence. A. This Contract includes this Form of Contract and the other following Contract Documents and Attachments, which are incorporated herein and made a part of this Contract.
B. Except as otherwise specified herein, in the event of any conflict, the precedence of the Contract Documents shall be as follows:
1. Form of Contract
2. Regulatory Requirements, (Pro Form , Dated )
3. Special Provisions, (Pro Form
4. General Conditions, (Pro Form , Dated ) , Dated )
5. Compensation and Payment Provisions, (Pro Form , Dated )
6. Statement of Work (SOW. XXXX, suggest last four digits of solicitation) Dated )
7. Task Orders
C. An Amendment or Change to this Contract shall take its precedence from the term it amends. All other documents and terms and conditions shall remain unchanged.
