Conflicts. The terms of this Second Amendment shall control over any conflict between the terms of the Lease and the terms of this Second Amendment.

Conflicts. The Company acknowledges that Wainwright and its affiliates may have and may continue to have investment banking and other relationships with parties other than the Company pursuant to which Wainwright may acquire information of interest to the Company. Wainwright shall have no obligation to disclose such information to the Company or to use such information in connection with any contemplated transaction.

Conflicts. In the event of any conflict between the provisions of the Plan as in effect on the Date of Grant and the provisions of this Agreement, the provisions of the Plan shall govern. All references herein to the Plan mean the Plan as in effect on the date hereof.

Conflicts. In the event of any conflict between the terms of this Agreement and the terms of any Grant documentation, including without limitation vesting terms or the definition of “Cause,” the terms of this Agreement shall govern.

Conflicts. In the case of a conflict between the terms and conditions of this Agreement and [Schedule A] to this Agreement, the terms and conditions of [Schedule A] shall control and govern as it relates to the Services to which such terms and conditions apply.

Conflicts. If there is any conflict, discrepancy, or inconsistency between the terms of this Agreement and any Project Proposal, purchase order, QTA or other form used by the Parties, the terms of this Agreement will control.

Conflicts. In the event of a conflict between the terms and conditions of this Amendment and the Loan Agreement, the terms and conditions of this Amendment will take precedence.

Conflicts. Any inconsistencies or conflicts between the terms and provisions of the Lease and the terms and provisions of this Amendment shall be resolved in favor of the terms and provisions of this Amendment.

Conflicts. In the event of any conflict between the provisions of the Plan as in effect on the Grant Date (including without limitation any term or condition of a Restricted Share Unit Award as described in the Plan, assuming no action providing for a different term or condition of a particular Award has been taken by the Board pursuant to the Plan) and the provisions of this Agreement, the provisions of the Plan shall control but only to the extent necessary to resolve the conflict. To the extent this Agreement is silent with respect to a term or condition of a Restricted Share Unit Award as described in the Plan, the provisions of the Plan shall control, and such terms and conditions are deemed to be incorporated by reference into this Agreement as if they were reproduced herein.

Conflicts. Notwithstanding anything to the contrary in the Lease, in the event of a conflict or inconsistency between the terms of the Lease and the terms and conditions of this Fifth Amendment, the terms and conditions set forth in this Fifth Amendment shall control and shall be deemed to supersede the printed terms of the Lease. Whether or not specifically amended by this Fifth Amendment, all of the terms and provisions of the Lease are hereby amended to the extent necessary to give effect to the purpose and intent of this Fifth Amendment.