Inconsistencies. In the event of any conflict or inconsistency between the terms of this Agreement, and the terms of MLA, then the terms of the MLA shall govern and control. Without limiting the foregoing, Licensor hereby confirms that, pursuant to [Section 14.1.6] of the MLA, any Late Payment attributable solely to the application of Chinese foreign exchange controls outside Licensee’s control is excluded when determining Licensor’s rights pursuant to [Section 14.1.6(B)(a)] of the MLA.
Inconsistencies. In the event of any inconsistencies between the Lease and this Third Amendment, the terms of this Third Amendment shall take precedence. Except as expressly set forth in this Third Amendment, the Lease otherwise is unmodified, remains in full force and effect and is incorporated and restated herein as if fully set forth at length. Each reference in the Lease to itself shall be deemed also to refer to this Third Amendment.
In the case of any inconsistency between the terms of this Agreement and the Cleared Derivatives Addendum with respect to “Transactions” (both as defined in the Cleared Derivatives Addendum), the Cleared Derivatives Addendum shall take precedence, but only with respect to Cleared Derivatives Transactions (as defined in the Addendum),.
Inconsistencies. Notwithstanding any other provision of this Agreement to the contrary, the liability of Buyer and the Seller Indemnifying Parties under this Agreement shall be limited in the manner set out in this [Section 7.5]. If there is any inconsistency between the provisions of this [Section 7.5] and any other provision of this Agreement, then the provisions of this [Section 7.5] shall prevail.
To the extent that there is any inconsistency between a provision of this Agreement and a provision of any document constituting part of the Security or other Loan Documents, the provision of this Agreement shall govern. For greater certainty, a provision of this Agreement and a provision of the Security shall be considered to be inconsistent if both relate to the same subject-matter and the provision in the Security imposes more onerous obligations or restrictions than the corresponding provision in this Agreement.
Inconsistencies with Agreement. Notwithstanding anything to the contrary contained herein, the terms of this Assignment are subject to the terms, provisions, conditions and limitations set forth in the Agreement, and this Assignment is not intended to supersede or alter the obligations of the parties to the SPA, which shall survive the execution and delivery of this Assignment. In the event of any inconsistencies between the terms of this Assignment and the terms of the SPA, the parties agree that the terms of the SPA shall control.
In the event of any conflict or inconsistency between the provisions of the DB SERP and the provisions of the Base Plans, the provisions of the DB SERP shall prevail.
In the event of any conflict or inconsistency between the provisions of the DC SERP and the provisions of the Base Plans, the provisions of the DC SERP shall prevail.
ONGOING EFFECTIVENESS; INCONSISTENCIES. To the extent of any inconsistency between the terms and conditions of this Amendment and the terms and conditions of the Loan Documents, the terms and conditions of this Amendment shall prevail. All terms and conditions of the Loan Documents (as modified by all amendments, including, without limitation, the Ninth Amendment) not inconsistent herewith shall remain in full force and effect and are hereby ratified and confirmed by Borrower, Agent and Lender.
In the event of any conflict or inconsistency between the provisions of the Personal Care DC SERP and the provisions of the Base U.S. Savings Plans, the provisions of the Personal Care DC SERP shall prevail.
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