Best Pricing Clause Sample Clauses

Best Pricing Clause. ‌ Contractor acknowledges and recognizes that the State wants to take advantage of any improvements in premium pricing over the course of the Contract period. To that end, the pricing indicated in this Contract is the guaranteed maximum price. The Contractor’s premium pricing under this Contract will not exceed the Contractor’s pricing for substantially the same Plan(s) provided to any other substantially similar clients. During the term of the Contract, if Contractor provides substantially the same Plan(s) to any other substantially similar clients, whether a public or private entity, with pricing terms more favorable than the premium pricing in this Contract, then Contractor agrees to offer equivalent pricing terms to the Department and the Department and Contractor may execute an amendment of this Contract to adopt the equivalent pricing terms if determined acceptable to the Department. In addition, Services and programs not currently part of the benefits offered to Participants, but offered to substantially similar clients, shall be proposed for the Department’s consideration to offer to Participants for the same or lower price. This does not include or apply to other Plan Design offerings. New offerings shall not be added or incorporated under this provision. The Contractor agrees to annually submit to Department an affidavit from an authorized representative attesting that the Contractor is in compliance with Attachment 1: Affidavit of Best Pricing. The affidavit shall be submitted to the Department no later than December 31st each year of the Contract term.
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Best Pricing Clause. During the Contract term, if Vendor sells substantially the same Services at a lower price to any other substantially similar clients, then Vendor shall immediately reduce the cost to State Participants to the lowest price. In addition, Services and programs not currently part of the benefits offered to State Participants, but offered to substantially similar clients, shall likewise be offered to State Participants for the same or lower price. This does not include or apply to other benefit designs or Plan offerings. New offerings cannot be added or incorporated under this provision. The Vendor agrees to submit to Department at least annually an affidavit from an authorized representative attesting that the Vendor is in compliance with this preferred pricing provision. COMBINED HIPAA PRIVACY BUSINESS ASSOCIATE AGREEMENT AND CONFIDENTIALITY AGREEMENT AND HIPAA SECURITY RULE ADDENDUM AND HITECH ACT COMPLIANCE AGREEMENT‌ The parties have entered into this Agreement for the purpose of satisfying the Business Associate contract requirements of the regulations at 45 CFR 164.502(e) and 164.504(e), issued under the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”), the Security Rule, codified at 45 Code of Federal Regulations (“C.F.R.”) Part 164, Subparts A and C, the Health Information Technology For Economic and Clinical Health Act (the HITECH Act, as enacted in Pub. L. No. 111-05 H.R., 111th Cong. (2009), Title XIII.), as well as the confidentiality requirements contained in section 110.123 (9), Florida Statutes.
Sample 1Sample 2
Best Pricing Clause. During the Contract term, if Contractor provides substantially the same Plan(s) at a lower premium to any other substantially similar clients, then Contractor shall immediately reduce the premium to the lowest price for this Contract. In addition, Services and programs not currently part of the benefits offered to Participants, but offered to substantially similar clients, shall be proposed for the Department’s consideration to offer to Participants for the same or lower price. This does not include or apply to other benefit designs or Plan offerings. New offerings shall not be added or incorporated under this provision. The Contractor agrees to annually submit to Department an affidavit from an authorized representative attesting that the Contractor is in compliance with this Best Price Affidavit (Attachment K). The affidavit will be submitted to the Department by December 31st each year.
Sample 1
Best Pricing Clause. During the Contract term, if Contractor provides substantially the same Plans at a lower premium to any other substantially similar clients, then Contractor shall immediately reduce the premium to the lowest price for this Contract. In addition, Services and programs not currently part of the benefits offered to Participants, but offered to substantially similar clients, shall likewise be offered to Participants for the same or lower price. This does not include or apply to other benefit designs or Plan offerings. New offerings cannot be added or incorporated under this provision. The Contractor agrees to annually submit to Department an affidavit from an authorized representative attesting that the Contractor is in compliance with this preferred pricing provision (attachment K).
Sample 1
Best Pricing Clause. During the Contract term, if Contractor provides substantially the same Plans at a lower premium to any other substantially similar clients, then Contractor shall immediately reduce the premium to the lowest price for this Contract. In addition, Services and programs not currently part of the benefits offered to Participants, but offered to substantially similar clients, shall likewise be offered to Participants for the same or lower price. This does not include or apply to other benefit designs or Plan offerings. New offerings cannot be added or incorporated under this provision. The Contractor agrees to annually submit to Department an affidavit from an authorized representative attesting that the Contractor is in compliance with this preferred pricing provision. Attachment A: Minimum Service Requirements I. Implementation 1. Contractor shall submit the final Implementation Plan to the Department for approval no later than ten Business Days following mutual execution of the Contract. If the Implementation Plan is not determined by the Department to be sufficient, Contractor will diligently work to deliver a final Implementation Plan satisfactory to the Department. Contractor recognizes that time is of the essence in completing an Implementation Plan. The Implementation Plan shall fully detail all steps necessary to begin full performance of the Contract on January 1, 2016, specify expected dates of completion of all steps and identify the person(s) responsible for each step. The development and execution of the Implementation Plan is subject to PG-1 of Attachment B: Performance Guarantees and section 6 of the Contract for failure to meet the milestones identified therein. The Implementation Plan shall include, but is not limited to, the following implementation milestones:
Sample 1
Best Pricing Clause. ‌ During the Contract term, if Vendor sells substantially the same Services at a lower price to any other substantially similar clients, then Vendor shall immediately reduce the cost to State Participants to the lowest price. In addition, Services and programs not currently part of the benefits offered to State Participants, but offered to substantially similar clients, shall likewise be offered to State Participants for the same or lower price. This does not include or apply to other benefit designs or Plan offerings. New offerings cannot be added or incorporated under this provision. The Vendor agrees to submit to Department at least annually an affidavit from an authorized representative attesting that the Vendor is in compliance with this preferred pricing provision.
Sample 1

Related to Best Pricing Clause

  • Saving Clause If any provision(s) of this Agreement shall be determined to be illegal or unenforceable, such determination shall in no manner affect the legality or enforceability of any other provision hereof.

  • Mortgage Clause 1. If a mortgagee is named in this policy, any loss payable under Coverage A or B will be paid to the mortgagee and you, as interests appear. If more than one mortgagee is named, the order of payment will be the same as the order of precedence of the mortgages. 2. If we deny your claim, that denial will not apply to a valid claim of the mortgagee, if the mortgagee: a. Notifies us of any change in ownership, occupancy or substantial change in risk of which the mortgagee is aware; b. Pays any premium due under this policy on demand if you have neglected to pay the premium; and c. Submits a signed, sworn statement of loss within 60 days after receiving notice from us of your failure to do so. Paragraphs F. Appraisal, H. Suit Against Us and J. Loss Payment under Section I – Conditions also apply to the mortgagee. 3. If we decide to cancel or not to renew this policy, the mortgagee will be notified at least 4. If we pay the mortgagee for any loss and deny payment to you: a. We are subrogated to all the rights of the mortgagee granted under the mortgage on the property; or b. At our option, we may pay to the mortgagee the whole principal on the mortgage plus any accrued interest. In this event, we will receive a full assignment and transfer of the mortgage and all securities held as collateral to the mortgage debt. 5. Subrogation will not impair the right of the mortgagee to recover the full amount of the mortgagee's claim.

  • ENABLING CLAUSE By written agreement between Company and Union, other provisions may be substituted for or added to the provisions of this Title.

  • Sunset Clause The provisions of this Section expires automatically on the expiration date of this Agreement.

  • Penalty Clause a. Non-execution of supply order - For the reasons of failure to supply partially or completely within 30 days, if the Procurement cell has to buy the items from the RC 2 (L-2), RC 3 (L-3) or approved local vendor firm, the rate difference in cost will be recovered from XX xxxxxx i.e. L1 /Billing Agency as appointed by the Rate Contract Holder. The difference amount will be deducted from the forthcoming bills of the supplier pertaining to any product. Repeated failure (Three times) to supply in part or in full may amount to termination of rate contract for the product (s) and forfeiture of Performance Security. Reasons of failure to supply the material will be communicated by the firm to the Procurement cell timely. b. Late delivery clause -The date & time of the delivery as stipulated in the supply order shall be deemed to be the essence of the contract and delivery must be completed no later than the date(s) as specified in the supply order. Unsupplied items of each supply order which will not be supplied during stipulated time period of 30 days should be treated as cancelled and will be procured from RC-2/RC-3 or approved local vendor and difference amount deducted from forthcoming bills of RC1 (L1)/Billing Agency as appointed by the Rate Contract Holder. c. Non production of item – Difference in the value between existing source and source from where supplies are being obtained for remaining tendered quantity will be recovered from the billing agency.

  • SPECIAL CLAUSES [No special clauses apply to this grant agreement.] [The following special clauses apply to this grant agreement:]

  • Surviving Clauses Sections 2.6(b), 3, 5, 6, 7, 8, 9 and 10 (including the definitions of any defined terms referenced therein) will survive any termination or expiration of this Agreement.

  • GRANTING CLAUSE The Issuer hereby Grants to the Indenture Trustee at the Closing Date, as Indenture Trustee for the benefit of the Holders of the Notes, all of the Issuer’s right, title and interest in and to, whether now owned or hereafter acquired, now existing or hereafter arising and wherever located (a) the Receivables listed on Schedule A and all moneys received thereon on or after the Cutoff Date; (b) the security interests in the Financed Vehicles and any accessions thereto granted by Obligors pursuant to the Receivables and any other interest of the Depositor in such Financed Vehicles; (c) any Liquidation Proceeds and any other proceeds from claims on any physical damage, credit, life or disability insurance policies covering Financed Vehicles or the related Obligors, including any vendor’s single interest or other collateral protection insurance policy; (d) any property that shall have secured a Receivable and that shall have been acquired by or on behalf of the Depositor, the Servicer, or the Issuer; (e) all documents and other items contained in the Receivable Files; (f) the Sale and Servicing Agreement including all of the Depositor’s rights, but none of its obligations, under the Receivables Purchase Agreement assigned to the Issuer pursuant to the Sale and Servicing Agreement; (g) all right, title and interest in the Trust Accounts, all funds, securities or other assets credited from time to time to the Trust Accounts and all investments therein and proceeds thereof (including all Investment Earnings thereon); (h) any proceeds from any Receivable repurchased by a Dealer pursuant to a Dealer Agreement; and (i) all present and future claims, demands, causes of action and choses in action in respect of any or all of the foregoing and all payments on or under and all proceeds of every kind and nature whatsoever in respect of any or all of the foregoing, including all proceeds of the conversion thereof, voluntary or involuntary, into cash or other liquid property, all cash proceeds, accounts, accounts receivable, notes, drafts, acceptances, chattel paper, checks, deposit accounts, insurance proceeds, condemnation awards, rights to payment of any and every kind and other forms of obligations and receivables, instruments and other property that at any time constitute all or part of or are included in the proceeds of any of the foregoing (collectively, the “Collateral”). The foregoing Grant is made in trust to secure (i) the payment of principal of and interest on, and any other amounts owing in respect of, the Notes, equally and ratably without prejudice, priority or distinction, and (ii) to secure compliance with the provisions of this Indenture, all as provided in this Indenture. The Indenture Trustee, on behalf of the Holders of the Notes, acknowledges such Grant, accepts the trusts under this Indenture in accordance with the provisions of this Indenture and agrees to perform its duties required in this Indenture to the best of its ability to the end that the interests of the Holders of the Notes may be adequately and effectively protected.

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  • Prompt Payment Clause Payment will be made in accordance with, and within the time specified in, Government Code Chapter 4.5, commencing with Section 927.

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