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Each term and provision of this contract to be performed by either party shall be construed to be both a covenant and a condition. They're separate from the schedules and annexures. This clause prioritizes appendices over the main agreement
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If there is a conflict between the terms of this agreement and any attached appendices, the terms of the appendices shall govern solely with respect to the subject matter they address. Order of precedence ensures clarity and helps prevent disputes by establishing which document’s terms should be applied first. Document hierarchy is usually established by an explicit contractual clause specifying the order of precedence among contract documents
The main contract or agreement generally holds the highest authority, with schedules and annexes ranked below it.
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. The priority of interpretation clause establishes the order in which different documents or provisions within a contract are to be interpreted in the event of inconsistencies or conflicts. It establishes priority in terms of how the various documents are to be interpreted by the parties and judicial bodies to resolve ambiguities or inconsistencies.
One possible remedy might be to make it explicit that the overriding nature of the priority clause must be duly taken into account in the process of interpretation itself, and not only afterwards. In the event of a conflict between any provision in the main body of this agreement and any provision in its appendices, the provisions in the main body shall take precedence, unless explicitly stated otherwise. It indicates which document will take priority in cases where there may be conflicts or inconsistencies between different contract documents
