Competitive Pricing. The State reserves the right to require Contractors to secure competitive bids for materials being furnished, or if there are multiple Contractors assigned to a county, the State reserves the right to obtain a written price quote from multiple Contractors. If the Contractor is required to secure competitive bids for materials, the State may request to review documentation to verify that competitive procurement practices have been used.
Competitive Pricing. If MMCAP Infuse is made aware and determines during the Contract Term, Vendor is offering better Contract Pricing and/or Contracted Items to a Government Unit, Vendor will have ten (10) days to work with MMCAP Infuse to amend this Agreement to provide MMCAP Infuse the same Contract Pricing and/or Contracted Items.
Competitive Pricing. Snap-on may notify Supplier if Snap-on determines that it can purchase a substitute for one or more similar products at prices that are at least five percent (5%) lower than those stated in this Agreement. Supplier will have thirty (30) calendar days from the time Snap-on notifies Supplier to determine whether to match such lower prices. If Supplier has notified Snap-on that it elects to match the prices, such lower prices will apply to POs issued on or after the date of Supplier notice. If Supplier notifies Snap-on that it does not elect to match the prices by the end of the thirty (30) calendar-day period, Snap-on may elect to eliminate such Products from this Agreement, subject to the intellectual and industrial property rights of Snap-on.
Competitive Pricing. 51.1.1 The Service Provider must ensure that the Charges will not, during the Term, be higher than the prices it charges to any other entity or Agency for supplying services substantially similar to the Services and in substantially similar circumstances (Similar Services) for any contracts it enters into after the Commencement Date.
51.1.2 If the Service Provider does charge lower prices to any entity for any Similar Services:
(a) the Service Provider must assist Health for a 3 Month period to determine the causes of uncompetitive pricing; and
(b) on and from the conclusion of the 3 Month period, the Service Provider must lower the Charges to match the prices of the Similar Services.
51.1.3 The Service Provider must charge the lower Charges referred to in clause 51.1.2 even if a dispute has arisen between the Parties about the reduced Charges until (at least) the dispute is resolved in accordance with this Services Agreement.
51.1.4 Within 30 days after each anniversary of the Commencement Date, the Service Provider must certify in writing to Health that the Service Provider has complied with this clause 51 during that previous year, and must provide the information reasonably requested by Health to verify that compliance. Health acknowledges that confidentiality obligations may apply to the information referred to in this clause 51.1.4. The Service Provider acknowledges and agrees that it will not withhold or otherwise prevent the release of any third party information if the third party consents to the release to Health of that information.
51.1.5 The Parties acknowledge and agree that the provision of the Services allows the Service Provider to meet the Outcomes and consequently, the requirement for the Service Provider to meet the Outcomes does not:
(a) deprive a service from being a Similar Service; or
(b) constitute a unique requirement of Health.
51.1.6 This clause 51 is not intended to require the Service Provider to adopt unbundled pricing comparisons where contracts for Similar Services have been formulated and priced on a bundled basis.
Competitive Pricing a) Successful Respondent shall only charge Rates to DIR and Prices that are no higher in the aggregate than the charges charged by Successful Respondent directly to substantially similar retail third party customers for the provision of the same or substantially similar Services on substantially similar terms and conditions.
b) No later than each Contract Anniversary Date, Successful Respondent shall certify to DIR, in writing, that it has been in full compliance with Section 8.4 a) above at all times during the prior twelve (12) month period. Any failure of Successful Respondent to comply with this certification requirement or any certification filed by Successful Respondent that is not true shall constitute a Material Breach. If Successful Respondent has breached Section 3.4 (a) above, then Successful Respondent shall be obligated to award DIR and/or Customer, as appropriate, Credits on the next appropriate Invoice that are equal to the overcharges paid as a result of any such breach.
c) DIR shall have the right, in its sole and absolute discretion, to conduct an audit of Successful Respondent's compliance with this Section 8.4 pursuant to the procedures set forth in CTSA, Section 13.6.
Competitive Pricing. The Supplier must ensure the Unit Prices are (and will remain, for the Term) commercially competitive in terms of prices, and terms and conditions, offered by other providers in the market for goods which are the same as or equivalent to the Goods.
Competitive Pricing. The prices, terms, and conditions under this Agreement must be as favorable or better than those offered by Vendor to any other similarly situated customer, excluding government entities. To the extent that Vendor is not in compliance with this Section 5.1 (Competitive Pricing) and Section 8.1 (Freight Charges), Vendor shall refund to each Purchaser the difference between the price Purchaser paid and the lower price for each applicable purchase. Within thirty (30) days of determining that Vendor is not in compliance, HealthTrust and Vendor shall amend this Agreement to provide at least as favorable prices, terms, and conditions to Purchasers.
Competitive Pricing. Supplier warrants that each of the prices, charges, economic or product terms, or warranties granted under this Contract are fair, reasonable, and commensurate with the price, charge, economic or product term or warranty being offered by Supplier to other government customers that purchase substantially similar services or products, at similar volumes, and under substantially similar terms and conditions. Supplier shall notify VITA of any new services or products that become generally available to all government customers during the Term of this Contract. New products and services are subject to the commercial terms associated with those products and services and must be formally added to this Contract before they can be purchased. Supplier shall also offer VITA commercially available national government products and services promotions and rates available at the time of purchase under the terms of those promotions.
Competitive Pricing. If the Supplier supplies the same Products and Services to Products parties in the same period of time and under similar contract terms, the Supplier shall forthwith notify the Purchaser in writing.
Competitive Pricing. In the event that at any time during the Term after December 31, 2005, a third party other than Pfizer Inc. or an affiliate of Pfizer Inc. is able to manufacture API in accordance with the Specifications and cGMP, in at least the same quantities as those manufactured by Raylo hereunder and at a cost that is less than the price for the API currently charged Eyetech by Raylo, then Raylo shall have [**] days in which to reduce its price for the API to the price to be charged Eyetech by such third party; provided that if the third party with which Eyetech proposes to enter into such lower-cost arrangement would use a higher volume or different process than a 15mM process and Raylo agrees in writing to develop a higher volume or different process in order to achieve the required cost reduction, then Raylo shall have an additional [**] days (i.e., a total of [**] days) in which to reduce its price for the API to the price to be charged Eyetech by such third party. If Raylo fails to lower its prices, Eyetech shall have the right to terminate this Agreement immediately, upon written notice; provided that orders made by Eyetech prior to such termination would be filled by Raylo, and paid for by Eyetech, in accordance with the terms of this Agreement.
