BESPOKE CONTRACTS OR ALTERNATIVE AGREEMENTS Sample Clauses

BESPOKE CONTRACTS OR ALTERNATIVE AGREEMENTS. The Authority also recognises that in some instances there will be benefits from allowing traders and distributors to negotiate bespoke contracts, particularly when a retailer proposes to offer an innovative set of services that require different operational contract terms. The Authority’s proposal for a default contract with the ability to negotiate customised operational terms is appropriate in this regard; it will reduce transaction costs for the majority of the industry, but will not prevent new services and contract clauses from emerging. The Authority is needlessly concerned with the form of alternative agreements. In particular, the proposed rule 12A.10 requires that alternative agreements “(a) address only the subject matter of the terms of the default distributor agreement; and (b) relate only to distribution services”. It is important to ask what is the harm that would be caused if this rule was violated, and whether splitting the offending terms into a separate agreement would somehow magically alter the effect of those terms. If a distributor and a retailer negotiate an alternative agreement they do so willingly, and both must perceive a net gain relative to the default alternative (whether or not that is a DDA). If they choose to include terms that are not related solely to distribution services then that is their business and no harm is done. There is also no benefit to requiring the relevant clauses to be contained in a separate agreement. From a practical perspective, alternative agreements are likely to often take the form of a side- letter that records only the variations to the default agreement; in such a case it would be quite normal for the parties would include any non-distribution matters in the same side letter. When alternative agreements take this form (i.e. side letters recording only variations), the variations are much easier for the parties to assess. Differences that are buried within a 70 page contract become more difficult to identify, which in turn means that significantly greater legal expense and time is required. Requiring non-distribution terms to be in a separate agreement could lead to inefficiencies in some instances, as additional comprehensive contracts may need to be negotiated. One example might arise when a distributor is owned by a Consumer Trust, and the distributor wishes to contract with a retailer to pay an annual rebate to those customers who are beneficiaries of the Consumer Trust. The distributor, acti...
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Related to BESPOKE CONTRACTS OR ALTERNATIVE AGREEMENTS

  • Solicitations for Subcontracts, Including Procurement of Materials and Equipment In all solicitation, either by competitive bidding or negotiation, made by the Contractor for work to be performed under a subcontract, including procurement of materials or leases of equipment, each potential Subcontractor or supplier shall be notified by the Contractor of the Contractor’s obligations under this Agreement and the Regulations relative to non-discrimination on the grounds of race, color, or national origin.

  • Solicitations for Subcontracts, Including Procurements of Materials and Equipment In all solicitations either by competitive bidding or negotiation made by the Engineer for work to be performed under a subcontract, including procurements of materials or leases of equipment, each potential subcontractor or supplier shall be notified by the Engineer of the Engineer's obligations under this contract and the Regulations relative to nondiscrimination on the grounds of race, color, or national origin.

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  • Participating State Modifications or Additions to Master Agreement These modifications or additions apply only to actions and relationships within the Participating State. The following changes are modifying or supplementing the Master Agreement terms and conditions.

  • Critical Infrastructure Subcontracts For purposes of this Paragraph, the designated countries are China, Iran, North Korea, Russia, and any countries lawfully designated by the Governor as a threat to critical infrastructure. Pursuant to Section 113.002 of the Business and Commerce Code, Contractor shall not enter into a subcontract that will provide direct or remote access to or control of critical infrastructure, as defined by Section 113.001 of the Texas Business and Commerce Code, in this state, other than access specifically allowed for product warranty and support purposes to any subcontractor unless (i) neither the subcontractor nor its parent company, nor any affiliate of the subcontractor or its parent company, is majority owned or controlled by citizens or governmental entities of a designated country; and (ii) neither the subcontractor nor its parent company, nor any affiliate of the subcontractor or its parent company, is headquartered in a designated country. Contractor will notify the System Agency before entering into any subcontract that will provide direct or remote access to or control of critical infrastructure, as defined by Section 113.001 of the Texas Business & Commerce Code, in this state.

  • Covered Contracts and Contractors If the Contract exceeds $100,000 and the Contractor employed more than 40 full-time employees on a single working day during the previous 12 months in Minnesota or in the state where it has its principle place of business, then the Contractor must comply with the requirements of Minnesota Statute § 363A.36 and Minnesota Rule Parts 5000.3400-5000.3600. A Contractor covered by Minnesota Statute § 363A.36 because it employed more than 40 full-time employees in another state and does not have a certificate of compliance, must certify that it is in compliance with federal affirmative action requirements.

  • Solicitations for Subcontractors, Including Procurements of Materials and Equipment In all solicitations either by competitive bidding or negotiation made by the contractor for work to be performed under a subcontract, including procurements of materials or leases of equipment, each potential subcontractor or supplier shall be notified by the contractor of the contractor's obligations under this contract and the Regulations relative to nondiscrimination on the grounds of race, color, or national origin, sex, age, and disability/handicap.

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