What if an agreement contains a clause that further refers to an EXHIBIT, and then, the exhibit and the clause contradict one another.
3 Answers from Attorneys
Hello. The full facts need to be known. Mistakes in agreements are not uncommon, particularly in detailed and complex agreements. See your attorney so she/he may advise you on your personal needs and issues. You are welcome to contact me.
Tricia Dwyer Esq
Tricia Dwyer Esq & Assoc PLLC
Minnesota Business Law
Minnesota Contract Law
It really depends on the contract, the contradicting clauses, the purpose and interpretation of each "clause," who drafted the contract/exhibit, and what type of extrinsic evidence (outside evidence) is available to interpret each clause. You should really consult with an attorney regarding the issue.
I am afraid that a contract must be read in its entirety, it is not possible to answer without a review of the language and contract in question.
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