Common use of Competitive Terms Clause in Contracts

Competitive Terms. 22.4.1 If the Contracting Body is able to obtain from any Sub-Contractor or any other third party more favourable commercial terms with respect to the supply of any materials, equipment, software, goods or services used by the Supplier or the Supplier Personnel in the supply of the Goods and/or Services, then the Authority may: (a) require the Supplier to replace its existing commercial terms with its Sub- Contractor with the more favourable commercial terms obtained by the Authority in respect of the relevant item; or (b) subject to Clause 22.3 (Termination of Sub-Contracts), enter into a direct agreement with that Sub-Contractor or third party in respect of the relevant item. 22.4.2 If the Authority exercises the option pursuant to Clause 22.4, then the Framework Prices shall be reduced by an amount that is agreed in accordance with Clause 16.1 (Variation Procedure). 22.4.3 The Authority's right to enter into a direct agreement for the supply of the relevant items is subject to: (a) the Authority shall make the relevant item available to the Supplier where this is necessary for the Supplier to provide the Goods and/or Services; and (b) any reduction in the Framework Prices taking into account any unavoidable costs payable by the Supplier in respect of the substituted item, including in respect of any licence fees or early termination charges.

Competitive Terms. 22.4.1 25.4.1 If the Contracting Body Authority is able to obtain from any Sub-Contractor or any other third party more favourable commercial terms with respect to the supply of any materials, equipment, software, goods or services used by the Supplier or the Supplier Personnel in the supply of the Goods and/or Services, then the Authority may: (a) require the Supplier to replace its existing commercial terms with its Sub- Contractor with the more favourable commercial terms obtained by the Authority in respect of the relevant item; or (b) subject to Clause 22.3 25.3 (Termination of Sub-Contracts), enter into a direct agreement with that Sub-Contractor or third party in respect of the relevant item. 22.4.2 25.4.2 If the Authority exercises the either option pursuant to Clause 22.425.4.1, then the Framework Prices shall be reduced by an amount that is agreed in accordance with Clause 16.1 19.1 (Variation Procedure). 22.4.3 25.4.3 The Authority's right to enter into a direct agreement for the supply of the relevant items is subject to: (a) the Authority shall make the relevant item available to the Supplier where this is necessary for the Supplier to provide the Goods and/or Services; and (b) any reduction in the Framework Prices taking into account any unavoidable costs payable by the Supplier in respect of the substituted item, including in respect of any licence fees or early termination charges.

Competitive Terms. 22.4.1 25.4.1 If the Contracting Body Authority is able to obtain from any Sub-Contractor or any other third party more favourable commercial terms with respect to the supply of any materials, equipment, software, goods or services used by the Supplier or the Supplier Personnel in the supply of the Goods and/or Services, then the Authority may: (a) require the Supplier to replace its existing commercial terms with its Sub- Sub-Contractor with the more favourable commercial terms obtained by the Authority in respect of the relevant item; or (b) subject to Clause 22.3 25.3 (Termination of Sub-Contracts), enter into a direct agreement with that Sub-Contractor or third party in respect of the relevant item. 22.4.2 25.4.2 If the Authority exercises the either option pursuant to Clause 22.425.4.1, then the Framework Prices shall be reduced by an amount that is agreed in accordance with Clause 16.1 19.1 (Variation Procedure). 22.4.3 25.4.3 The Authority's right to enter into a direct agreement for the supply of the relevant items is subject to: (a) the Authority shall make the relevant item available to the Supplier where this is necessary for the Supplier to provide the Goods and/or Services; and (b) any reduction in the Framework Prices taking into account any unavoidable costs payable by the Supplier in respect of the substituted item, including in respect of any licence fees or early termination charges.

Competitive Terms. 22.4.1 24.4.1 If the Contracting Body Authority is able to obtain from any Sub-Contractor or any other third party more favourable commercial terms with respect to the supply of any materials, equipment, software, goods or services used by the Supplier or the Supplier Personnel in the supply of the Goods and/or Services, then the Authority may: (a) require the Supplier to replace its existing commercial terms with its Sub- Sub-Contractor with the more favourable commercial terms obtained by the Authority in respect of the relevant item; or (b) subject to Clause 22.3 24.3 (Termination of Sub-Contracts), enter into a direct agreement with that Sub-Contractor or third party in respect of the relevant item. 22.4.2 24.4.2 If the Authority exercises the either option pursuant to Clause 22.424.4.1, then the Framework Prices shall be reduced by an amount that is agreed in accordance with Clause 16.1 18.1 (Variation Procedure). 22.4.3 24.4.3 The Authority's right to enter into a direct agreement for the supply of the relevant items is subject to: (a) the Authority shall make the relevant item available to the Supplier where this is necessary for the Supplier to provide the Goods and/or Services; and (b) any reduction in the Framework Prices taking into account any unavoidable costs payable by the Supplier in respect of the substituted item, including in respect of any licence fees or early termination charges.

Competitive Terms. 22.4.1 25.4.1 If the Contracting Body Authority is able to obtain from any Sub-Contractor or any other third party more favourable commercial terms with respect to the supply of any materials, equipment, software, goods or services used by the Supplier or the Supplier Personnel in the supply of the Goods and/or and Services, then the Authority may: (a) require the Supplier to replace its existing commercial terms with its Sub- Sub-Contractor with the more favourable commercial terms obtained by the Authority in respect of the relevant item; or (b) subject to Clause 22.3 25.3 (Termination of Sub-Contracts), enter into a direct agreement with that Sub-Contractor or third party in respect of the relevant item. 22.4.2 25.4.2 If the Authority exercises the either option pursuant to Clause 22.425.4.1, then the Framework Prices shall be reduced by an amount that is agreed in accordance with Clause 16.1 19.1 (Variation Procedure). 22.4.3 25.4.3 The Authority's right to enter into a direct agreement for the supply of the relevant items is subject to: (a) the Authority shall make the relevant item available to the Supplier where this is necessary for the Supplier to provide the Goods and/or and Services; and (b) any reduction in the Framework Prices taking into account any unavoidable costs payable by the Supplier in respect of the substituted item, including in respect of any licence fees or early termination charges.

Competitive Terms. 22.4.1 If the Contracting Body Authority is able to obtain from any Sub-Contractor or any other third party more favourable commercial terms with respect to the supply of any materials, equipment, software, goods or services used by the Supplier or the Supplier Personnel in the supply of the Goods and/or ServicesServices on an exactly comparable basis, then the Authority may: (a) require the Supplier to replace its existing commercial terms with its Sub- Sub-Contractor with the more favourable commercial terms obtained by the Authority in respect of the relevant item; or (b) subject to Clause 22.3 (Termination of Sub-Contracts), enter into a direct agreement with that Sub-Contractor or third party in respect of the relevant item. 22.4.2 If the Authority exercises the option pursuant to Clause 22.4, then the Framework Prices shall be reduced by an amount that is agreed in accordance with Clause 16.1 (Variation Procedure). 22.4.3 The Authority's right to enter into a direct agreement for the supply of the relevant items is subject to: (a) the Authority shall make the relevant item available to the Supplier where this is necessary for the Supplier to provide the Goods and/or Services; and (b) any reduction in the Framework Prices taking into account any unavoidable costs payable by the Supplier in respect of the substituted item, including in respect of any licence fees or early termination charges.

Competitive Terms. 22.4.1 19.5.1 If the Contracting Body Authority is able to obtain from any Sub-Contractor or any other third party more favourable commercial terms with respect to the supply of any materials, equipment, software, goods or services used by the Supplier or the Supplier Personnel in the supply of the Goods and/or Services, then the Authority may: (a) require the Supplier to replace its existing commercial terms with its Sub- Sub-Contractor with the more favourable commercial terms obtained by the Authority in respect of the relevant item; or (b) subject to Clause 22.3 19.4 (Termination of Sub-Contracts), enter into a direct agreement with that Sub-Contractor or third party in respect of the relevant item. 22.4.2 19.5.2 If the Authority exercises the option pursuant to Clause 22.419.5, then the Framework Call off Prices shall be reduced by an amount that is agreed in accordance with Clause 16.1 15.1 (Variation Procedure). 22.4.3 19.5.3 The Authority's right to enter into a direct agreement for the supply of the relevant items is subject to: (a) the Authority shall make the relevant item available to the Supplier where this is necessary for the Supplier to provide the Goods and/or Services; and (b) any reduction in the Framework Call off Prices taking into account any unavoidable costs payable by the Supplier in respect of the substituted item, including in respect of any licence fees or early termination charges.

Competitive Terms. 22.4.1 26.4.1 If the Contracting Body Authority is able to obtain from any Sub-Contractor or any other third party more favourable commercial terms with respect to the supply of any materials, equipment, software, goods or services used by the Supplier or the Supplier Personnel in the supply of the Goods and/or Services, then the Authority may: (a) require the Supplier to replace its existing commercial terms with its Sub- Sub-Contractor with the more favourable commercial terms obtained by the Authority in respect of the relevant item; or (b) subject to Clause 22.3 26.3 (Termination of Sub-Contracts), enter into a direct agreement with that Sub-Contractor or third party in respect of the relevant item. 22.4.2 26.4.2 If the Authority exercises the either option pursuant to Clause 22.426.4.1, then the Framework Prices shall be reduced by an amount that is agreed in accordance with Clause 16.1 20.1 (Variation Procedure). 22.4.3 26.4.3 The Authority's right to enter into a direct agreement for the supply of the relevant items is subject to: (a) the Authority shall make the relevant item available to the Supplier where this is necessary for the Supplier to provide the Goods and/or Services; and (b) any reduction in the Framework Prices taking into account any unavoidable costs payable by the Supplier in respect of the substituted item, including in respect of any licence fees or early termination charges.

Competitive Terms. 22.4.1 23.5.1 If the Contracting Body Authority is able to obtain from any Sub-Contractor or any other third party more favourable commercial terms with respect to the supply of any materials, equipment, software, goods or services used by the Supplier or the Supplier Personnel in the supply of the Goods and/or Services, then the Authority may: (a) require the Supplier to replace its existing commercial terms with its Sub- Sub-Contractor with the more favourable commercial DH CRNCC Contract (Contract Terms) terms obtained by the Authority in respect of the relevant item; or (b) subject to Clause 22.3 23.4 (Termination of Sub-Contracts), enter into a direct agreement with that Sub-Contractor or third party in respect of the relevant item. 22.4.2 23.5.2 If the Authority exercises the option pursuant to Clause 22.423.5.1, then the Framework Prices Contract Charges shall be reduced by an amount that is agreed in accordance with Clause 16.1 (the Variation Procedure). 22.4.3 23.5.3 The Authority's right to enter into a direct agreement for the supply of the relevant items is subject to: (a) the Authority shall make making the relevant item available to the Supplier where this is necessary for the Supplier to provide the Goods and/or Services; and (b) any reduction in the Framework Prices Contract Charges taking into account any unavoidable costs payable by the Supplier in respect of the substituted item, including in respect of any licence fees or early termination charges.

Competitive Terms. 22.4.1 If the Contracting Body Authority is able to obtain from any Sub-Contractor or any other third party more favourable commercial terms with respect to the supply of any materials, equipment, software, goods or services used by the Supplier or the Supplier Personnel in the supply of the Goods and/or Services, then the Authority may: (a) require the Supplier to replace its existing commercial terms with its Sub- Sub-Contractor with the more favourable commercial terms obtained by the Authority in respect of the relevant item; or (b) subject to Clause 22.3 (Termination of Sub-Contracts), enter into a direct agreement with that Sub-Contractor or third party in respect of the relevant item. 22.4.2 If the Authority exercises the option pursuant to Clause 22.4, then the Framework Prices shall be reduced by an amount that is agreed in accordance with Clause 16.1 (Variation Procedure). 22.4.3 The Authority's right to enter into a direct agreement for the supply of the relevant items is subject to: (a) the Authority shall make the relevant item available to the Supplier where this is necessary for the Supplier to provide the Goods and/or Services; and (b) any reduction in the Framework Prices taking into account any unavoidable costs payable by the Supplier in respect of the substituted item, including in respect of any licence fees or early termination charges.

Competitive Terms. 22.4.1 25.5.1 If the Contracting Body Authority is able to obtain from any Sub-Contractor or any other third party more favourable commercial terms with respect to the supply of any materials, equipment, software, goods or services used by the Supplier or the Supplier Personnel in the supply of the Goods and/or Services, then the Authority may: (a) require the Supplier to replace its existing commercial terms with its Sub- Sub-Contractor with the more favourable commercial terms obtained by the Authority in respect of the relevant item; or (b) subject to Clause 22.3 25.4 (Termination of Sub-Contracts), enter into a direct agreement with that Sub-Contractor or third party in respect of the relevant item. 22.4.2 25.5.2 If the Authority exercises the either option pursuant to Clause 22.425.5.1, then the Framework Prices shall be reduced by an amount that is agreed in accordance with Clause 16.1 19.1 (Variation Procedure). 22.4.3 25.5.3 The Authority's right to enter into a direct agreement for the supply of the relevant items is subject to: (a) the Authority shall make the relevant item available to the Supplier where this is necessary for the Supplier to provide the Goods and/or Services; and (b) any reduction in the Framework Prices taking into account any unavoidable costs payable by the Supplier in respect of the substituted item, including in respect of any licence fees or early termination charges.