| Commentary

35.1 Priority of documents

| Commentary

35: AGREEMENT IS TO PREVAIL

(For clauses stating that the agreement is to prevail see Form 35.1 [1515] onwards.)

35.1 Priority of documents

Even where the agreement is, as is usually the case, expressed to be the whole and final agreement between the parties, there may be other documents connected with the same transaction by which the parties have agreed also to be bound. The parties to a shareholders’ agreement, for example, are usually also bound by the provisions of the company’s memorandum and articles of association. To avoid doubt in the event of a conflict between the respective documents, the parties

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