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.
Maryland Conflict of Terms refers to a legal concept applicable in the state of Maryland, specifically concerning contracts and other legal agreements. In any contract, the primary goal is to ensure that the terms and conditions are agreed upon by all parties involved. However, conflicts may arise when the terms of the contract contain contradicting provisions or ambiguous language. The Maryland Conflict of Terms rules aim to resolve such conflicts and provide guidance on how conflicting or ambiguous terms should be interpreted. These rules govern the prioritization and hierarchy of different provisions within a contract to establish a clear and enforceable agreement. There are various types of Maryland Conflict of Terms that may arise, each requiring a distinct interpretation and resolution: 1. Express Conflicts: This type of conflict emerges when the terms of a contract explicitly contradict each other. For example, if one clause states that payment is due on the 10th of the month, while another clause states it is due on the 15th, there is an express conflict that needs resolution. 2. Implied Conflicts: These conflicts arise when certain provisions of a contract, though not explicitly contradictory, create inconsistency or ambiguity due to their inherent nature. Resolving such conflicts requires analyzing the underlying intent of the parties involved in the agreement. 3. General Terms Conflict: At times, a contract may include both general and specific terms. General terms refer to broader, inclusive provisions, while specific terms pertain to more detailed or particular aspects. When these two types of terms conflict, the Maryland Conflict of Terms rules come into play to determine which provision should prevail. 4. Ascertainment of Intent: This type of conflict occurs when it is challenging to ascertain the true intent of the parties due to conflicting or unclear language in the contract. The court may attempt to interpret the contract by considering the surrounding circumstances during its formation, the behavior of the parties, and other relevant evidence. To navigate Maryland Conflict of Terms, it is crucial for individuals or businesses involved in legal agreements to pay close attention to the drafting process. Utilizing precise language, avoiding ambiguity, and seeking legal advice when necessary can help ensure clarity and minimize the potential for conflicts to arise.
