5.Order of Precedence. The terms of this Amendment supersede provisions in the Agreement only to the extent that the terms of this Amendment and the Agreement expressly conflict. Unless expressly amended herein, all provisions of the Agreement remain intact and in full effect. Nothing in this Amendment should be interpreted as invalidating the Agreement.
4. Order of Precedence. This First Amendment is supplementary to and modifies the Agreement. All terms and conditions of the Agreement shall remain unchanged and in full force and effect except as amended by this First Amendment.
7.7 Order of Precedence. In the event of a conflict between the terms and conditions included in the body of this Exhibit W and the terms and conditions included in any of the attachments hereto, the order of precedence shall be: (a)Exhibit W; (b)the attachments to Exhibit W, with the exception of Attachment 2 to Exhibit W, and (c)Attachment 2 to ExhibitW.
10.9 Order of Precedence. If there is a conflict among the terms and conditions in the Esri Partner Network documents, the descending order of precedence will be as follows: (1) Addendums (if applicable), (2) this Agreement, (3) Master Agreement, and (4) the Esri Partner Network Policies.
11.9.1Order of Precedence. In the event of a conflict in the terms of the documents governing an order placed pursuant to the Agreement, the terms of the documents will control in the following order of precedence (from higher to lower): (a) the applicable BUSA for additional or expressly conflicting terms (but only with respect to Products supplied under such BUSA), (b) this Master Agreement, (c) the Other Agreements, (d) the typed portions of Medtronic’s purchase order, and (e) the pre-printed terms of Medtronic’s order; provided, that Supplier shall not be bound by typed or pre-printed purchase orders unless it expressly accepts such orders. Each BUSA shall be subject to and shall incorporate by reference the terms and conditions of this Master Agreement, provided, however, the express terms and conditions of a BUSA shall prevail over any inconsistent or conflicting terms in this Master Agreement with respect to the Product(s) governed by such BUSA only.
Entire Agreement; Binding Effect; Amendment; Order of Precedence.This Agreement (together with the Exhibits, and SOW(s) hereto) constitutes the entire agreement between Airspan and Gogo regarding the subject matter hereof.All prior or contemporaneous agreements, proposals, understandings and communications between Airspan and Gogo regarding the subject matter hereof, whether oral or written, are superseded by and merged into this Agreement.Neither this Agreement nor any SOW hereto may be modified or amended except by a written instrument executed by both Airspan and Gogo.In the event of any inconsistency between the terms of this Agreement and any SOW issued under this Agreement, the terms and conditions of the SOW shall govern and control.Additional or different terms in any written communication from Airspan (such as an invoice or purchase order) are void.
Order of Precedence. Any inconsistency in the provisions of this Agreement will be resolved by giving precedence in the following order: (1) The applicable Amendment that gives rise to the inconsistency in provisions, (2) the Agreement, (3) Exhibits, and (4) any other document incorporated by express reference as part of the Agreement; such that the provision in the higher ranked document, to the extent of the inconsistency, will prevail.
2.3 Order of Precedence. If any documents conflict, the parties will interpret them in descending order of precedence in the order listed in Section2.2(A)(1) through (4). For example, if there is a conflict between the Order Form and the applicable Service Addendum, the Order Form will take precedence.
13.2 Entire Agreement and Order of Precedence. This Agreement is the entire agreement between CrowdEngine and Customer concerning its subject matter and supersedes all prior and contemporaneous agreements, proposals or representations, written or oral, concerning its subject matter. No modification, amendment, or waiver of any provision of this Agreement will be effective unless in writing and signed by the party against whom the modification, amendment or waiver is to be asserted. The parties agree that any term or condition stated in a Customer quote, bid, purchase order or in any other Customer order documentation (excluding Service Order) is void. In the event of any conflict or inconsistency among the following documents, the order of precedence will be: (1) the applicable Service Order, (2) any exhibit, schedule or addendum to this Agreement, and (3) the body of this Agreement.