This is simply a short statement that states that, in the event of a conflict between the provisions of one Article and the terms and conditions contained in prior Articles provided for in the Agreement, the parties agree that the provisions of a designated Article shall prevail.
Iowa Conflict of Terms refers to a legal concept in the state of Iowa that deals with the interpretation and resolution of conflicting terms in legal contracts and agreements. It involves determining the meaning of ambiguous or conflicting language within a document in order to establish the parties' intentions and obligations. This concept is essential in contract law as it helps to avoid disputes and ensures fair and just outcomes. In Iowa, there are primarily two types of Conflict of Terms: Latent and Patent. Latent Conflict of Terms refers to situations where the conflicting terms are not readily apparent on the face of the contract but become evident upon closer examination or interpretation. These conflicts may arise due to unclear language, lack of specificity, or different definitions of certain terms used in the contract. On the other hand, Patent Conflict of Terms occurs when the conflicting terms are apparent and explicit, creating an obvious contradiction within the contract itself. This type of conflict is usually easier to identify and resolve as the discrepancies are easily noticeable. Iowa Conflict of Terms is governed by principles of contract interpretation, where courts aim to give effect to the parties' intentions and enforce the agreement as written. The courts apply various established legal doctrines and rules to address these conflicts, such as the principle of contra preference, which dictates that ambiguous language should be interpreted against the party who drafted the contract. Resolving Iowa Conflict of Terms requires careful analysis of the context, surrounding circumstances, and the overall purpose of the contract. Courts may consider extrinsic evidence, such as the parties' negotiations, industry customs, and past dealings, to determine the parties' intentions and clarify ambiguous terms. To ensure a clear and unambiguous contract, it is advisable for parties in Iowa to consult with experienced attorneys who can help draft and review agreements, addressing any potential conflicts preemptively. By doing so, they can minimize the chances of disputes arising from conflicting terms and protect their interests. In summary, Iowa Conflict of Terms involves the interpretation and resolution of conflicting terms within legal contracts and agreements. With its two main types, Latent and Patent conflicts, understanding and addressing these discrepancies is crucial to ensure fair and enforceable agreements in the state.
