definiens: ), and create certain Delive rables ( as defined below ), for Keryx, as specified in one or m ore mutually agreed upon statements of work or proj ect schedules ( each a and together the with a template incorpora ted as Attachment E hereto ), attached to this Agreement an d numbered in sequential order . The terms of each S tatement of Work are incorporated into this Agreement by ref erence and shall be binding upon the parties hereto . In the event of a conflict or ambiguity between any term o f this Agreement and a Statement of Work that is no t expressly contemplated by this Agreement, the terms of this A greement shall govern . Notwithstanding the foregoin g, with respect to Product specifically, the act of Keryx i ssuing an Order that Vendor accepted in writing, su ch Vendor writing containing the items specified in Section 3 .8 below, shall constitute a valid Statement of Wor k hereunder where such Order is not otherwise issued pursuant t o the terms of an outstanding Statement of Work, in which case such Order shall be deemed to be part of such pre - existing Statement of Work