Common use of Award of a Master Agreement Clause in Contracts

Award of a Master Agreement. a. Each Steering Committee may recommend that Metrolinx award a Master Agreement to the qualified Proponent that achieves the highest total score in the tender evaluation process, in accordance with Section 3.5 (Decisions of a Steering Committee). b. Notwithstanding this Section 4.8 (Award of a Master Agreement), each Steering Committee reserves the right not to recommend awarding a Master Agreement to any Proponent if, in the view of three-quarters (3/4) or more of Steering Committee Members eligible to vote, no proposal is acceptable based on the terms and conditions of the particular Procurement. If at least three-quarters (3/4) of the Steering Committee Members eligible to vote agree that no proposal is acceptable, they may agree to recommend to Metrolinx that the Procurement be cancelled and each Purchaser shall thereafter be free to independently obtain the Goods and/or Services which were the subject of the Procurement, subject to the survival of and the Purchasers’ continued compliance with the specific terms of this Agreement, including without limitation the provisions related to confidentiality (Article VII: Confidentiality) and conflict of interest (Article VIII: Conflict of Interest). c. Following a Steering Committee’s recommendation to Metrolinx to award a Master Agreement and in accordance with Section 9.6 (Termination Without Cause by a Purchaser), Purchasers shall have five (5) Business Days following the Steering Committee’s recommendation to decide whether they will participate in the particular Procurement. If a Purchaser decides not to participate in a particular Procurement within these five (5) Business Days and gives written notice to that effect in accordance with Section 9.6 (Termination Without Cause by Purchaser), it shall (i) no longer have any rights with respect to participation on the Steering Committee in relation to the relevant Procurement, (ii) shall not thereafter be permitted to become an Eligible Purchaser for that particular Procurement, and

Award of a Master Agreement. a. Each Steering Committee may recommend that Metrolinx award a Master Agreement to the qualified Proponent that achieves offering the highest lowest total score in contract price identified through the tender evaluation process, in accordance with Section 3.5 (Decisions of a Steering Committee)process by sending written notification thereof to Metrolinx. b. Notwithstanding this Section 4.8 (Award of a Master Agreement), each Steering Committee reserves the right not to recommend awarding a Master Agreement to any Proponent if, in the view of threetwo-quarters (3/4) thirds or more of Steering Committee Members eligible to vote, no proposal tender is acceptable based on the terms and conditions of the particular ProcurementPublic Tender. If at least threetwo-quarters (3/4) thirds of the Steering Committee Members eligible to vote agree that no proposal tender is acceptable, they may agree to recommend to Metrolinx that the Procurement Public Tender be cancelled and each Purchaser shall thereafter be free to independently obtain the Goods and/or Services ECS units or ECS Retrofits which were the subject of the ProcurementPublic Tender, subject to the survival of and the Purchasers’ continued compliance with the specific terms of this Agreement, including without limitation the provisions related to confidentiality (Article VII: Confidentiality) and conflict of interest (Article VIII: Conflict of Interest). c. Following a Steering Committee’s recommendation to Metrolinx to award a Master Agreement and in accordance with Section 9.6 (Termination Without Cause by a Purchaser), Purchasers shall have five (5) Business Days following the Steering Committee’s recommendation to decide whether they will participate in the particular Procurementor terminate their participation under this Agreement without cause. If a Purchaser decides not to participate in a particular Procurement within Following these five (5) Business Days, Metrolinx shall wait at least three (3) Business Days before executing the Master Agreement and gives written notice notifying the successful Supplier. d. Metrolinx’s execution of a Master Agreement is subject to that effect in accordance with Metrolinx’s rights under Section 9.6 4.4 (Termination Without Cause by PurchaserMaster Agreement), it shall (i) no longer have any rights with respect to participation on the Steering Committee in relation to the relevant Procurement, (ii) shall not thereafter be permitted to become an Eligible Purchaser for that particular Procurement, and.

Award of a Master Agreement. a. Each Steering Committee may recommend that Metrolinx award a Master Agreement to the qualified overall highest-rated Proponent that achieves the highest total score identified in the tender relation to each respective evaluation process, in accordance with Section 3.5 (Decisions of a Steering Committee)process by sending written notification thereof to Metrolinx. b. Notwithstanding this Section 4.8 paragraph 25 (Award of a Master Agreementa), each Steering Committee reserves the right not to recommend awarding a Master Agreement proceed with recommendation of award to any qualified Proponent if, in the view of threetwo-quarters (3/4) thirds or more of Steering Committee Members eligible to voteMembers, no proposal Proposal is acceptable based on the terms and conditions of the particular ProcurementRFP. If at least threetwo-quarters (3/4) thirds of the Members of a Steering Committee Members eligible to vote agree that no proposal is acceptable, they may agree to recommend to Metrolinx that the Procurement RFP be cancelled and each Purchaser shall thereafter be free to independently obtain the Goods and/or Services Transit Buses which were the subject of the Procurement, RFP subject to the survival of and the Purchasers’ Purchaser’s continued compliance with the specific terms of this Agreement, including without limitation the provisions related to confidentiality (Article VII: Confidentiality) confidential and conflict of interest (Article VIII: Conflict of Interest)interest. c. Following a Steering Committee’s recommendation to Metrolinx to award a Master Agreement and in accordance with Section 9.6 section 36 (Termination Without Cause without cause by a Purchaser), Purchasers shall have five (5) Business Days following the Steering Committee’s recommendation to decide whether they will participate in the particular Procurementor terminate their participation under this Agreement without cause. If a Purchaser decides not to participate in a particular Procurement within Following these five (5) Business Days, Metrolinx shall wait no less than three (3) Business Days prior to executing the Master Agreement and gives written notice notifying the successful Supplier. d. Metrolinx’s execution of a Master Agreement is subject to that effect in accordance with Section 9.6 Metrolinx’s rights under section 17 (Termination Without Cause by Purchaser), it shall (iMaster Agreement) no longer have any rights with respect to participation on the Steering Committee in relation to the relevant Procurement, (ii) shall not thereafter be permitted to become an Eligible Purchaser for that particular Procurement, andof this Agreement.