Common use of Competitive Terms Clause in Contracts

Competitive Terms. 25.4.1 If the 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 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 25.3 (Termination of Sub-Contracts), enter into a direct agreement with that Sub-Contractor or third party in respect of the relevant item. 25.4.2 If the Authority exercises either option pursuant to Clause 25.4.1, then the Framework Prices shall be reduced by an amount that is agreed in accordance with Clause 19.1 (Variation Procedure). 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 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. 25.4.1 If the 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 Panel 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 25.3 (Termination of Sub-Contracts), enter into a direct agreement with that Sub-Contractor or third party in respect of the relevant item. 25.4.2 If the Authority exercises either option pursuant to Clause 25.4.1, then the Framework Panel Prices shall be reduced by an amount that is agreed in accordance with Clause 19.1 (Variation Procedure). 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 Panel Services; and (b) any reduction in the Framework Panel 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. 25.4.1 If the 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 Panel 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 25.3 (Termination of Sub-Contracts), enter into a direct agreement with that Sub-Contractor or third party in respect of the relevant item. 25.4.2 If the Authority exercises either option pursuant to Clause 25.4.1, then the Framework Panel Prices shall be reduced by an amount that is agreed in accordance with Clause 19.1 (Variation Procedure). 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 Panel Services; and (b) any reduction in the Framework Panel 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. 25.4.1 If the Authority Customer 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, on an exactly comparable basis, then the Authority Customer 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) or subject to Clause 25.3 22.3 (Termination of Sub-Contracts), enter into a direct agreement with that Sub-Contractor or third party in respect of the relevant item. 25.4.2 . If the Authority exercises either the option pursuant to Clause 25.4.122.4, then the Framework Prices shall be reduced by an amount that is agreed in accordance with Clause 19.1 16.1 (Variation Procedure). 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) and 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 license fees or early termination charges.

Competitive Terms. 25.4.1 25.5.1 If the 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 software and Services used by the Supplier or the Supplier Personnel in the supply of the 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 25.3 25.4 (Termination of Sub-Contracts), enter into a direct agreement with that Sub-Contractor or third party in respect of the relevant item. 25.4.2 25.5.2 If the Authority exercises either option pursuant to Clause 25.4.125.5.1, then the Framework Prices shall be reduced by an amount that is agreed in accordance with Clause 19.1 (Variation Procedure). 25.4.3 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 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. 25.4.1 24.5.1 If the 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 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 25.3 24.4 (Termination of Sub-Contracts), enter into a direct agreement with that Sub-Contractor or third party in respect of the relevant item. 25.4.2 24.5.2 If the Authority exercises either option pursuant to Clause 25.4.124.5.1, then the Framework Prices shall be reduced by an amount that is agreed in accordance with Clause 19.1 (Variation Procedure). 25.4.3 24.5.3 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 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. 25.4.1 23.4.1 If the 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 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 25.3 23.3 (Termination of Sub-Contracts), enter into a direct agreement with that Sub-Contractor or third party in respect of the relevant item. 25.4.2 23.4.2 If the Authority exercises either option pursuant to Clause 25.4.123.4.1, then the Framework Prices shall be reduced by an amount that is agreed in accordance with Clause 19.1 18.1 (Variation Procedure). 25.4.3 23.4.3 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 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. 25.4.1 22.4.1 If the 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 SubContractor with the more favourable commercial terms obtained by the Authority in respect of the relevant item; or (b) or subject to Clause 25.3 22.3 (Termination of Sub-Contracts), enter into a direct agreement with that Sub-Contractor or third party in respect of the relevant item. 25.4.2 22.4.2 If the Authority exercises either the option pursuant to Clause 25.4.122.4, then the Framework Prices shall be reduced by an amount that is agreed in accordance with Clause 19.1 16.1 (Variation Procedure). 25.4.3 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) and 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. 25.4.1 If the Authority CCS 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 Services, then the Authority CCS 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 CCS in respect of the relevant item; or (b) subject to Clause 25.3 (Termination of Sub-Contracts), enter into a direct agreement with that Sub-Contractor or third party in respect of the relevant item. 25.4.2 If the Authority CCS exercises either option pursuant to Clause 25.4.1, then the Framework Prices shall be reduced by an amount that is agreed in accordance with Clause 19.1 (Variation Procedure). 25.4.3 The AuthorityCCS's right to enter into a direct agreement for the supply of the relevant items is subject to: (a) the Authority CCS shall make the relevant item available to the Supplier where this is necessary for the Supplier to provide the 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. 25.4.1 If the 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 ServicesGoods and/or Services on an exactly comparable basis, 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) or subject to Clause 25.3 22.3 (Termination of Sub-Contracts), enter into a direct agreement with that Sub-Contractor or third party in respect of the relevant item. 25.4.2 . If the Authority exercises either the option pursuant to Clause 25.4.122.4, then the Framework Prices shall be reduced by an amount that is agreed in accordance with Clause 19.1 16.1 (Variation Procedure). 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) and 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. 25.4.1 23.5.1 If the 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 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 25.3 23.4 (Termination of Sub-Contracts), enter into a direct agreement with that Sub-Contractor or third party in respect of the relevant item. 25.4.2 23.5.2 If the Authority exercises either the option pursuant to Clause 25.4.123.5.1, then the Framework Prices Contract Charges shall be reduced by an amount that is agreed in accordance with Clause 19.1 (the Variation Procedure). 25.4.3 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 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. 25.4.1 23.4.1 If the 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 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 25.3 23.3 (Termination of Sub-Contracts), enter into a direct agreement with that Sub-Contractor or third party in respect of the relevant item. 25.4.2 23.4.2 If the Authority exercises either option pursuant to Clause 25.4.123.4.1, then the Framework Prices shall be reduced by an amount that is agreed in accordance with Clause 19.1 18.1 (Variation Procedure). 25.4.3 23.4.3 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 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. 25.4.1 25.4.1. If the 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 Provider or the Supplier Provider Personnel in the supply of the Services, then the Authority may: (a) require the Supplier Provider 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 25.3 (Termination of Sub-Contracts), enter into a direct agreement with that Sub-Contractor or third party in respect of the relevant item. 25.4.2 25.4.2. If the Authority exercises either option pursuant to Clause 25.4.1, then the Framework Prices shall be reduced by an amount that is agreed in accordance with Clause 19.1 (Variation Procedure). 25.4.3 25.4.3. The Authority's ’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 Provider where this is necessary for the Supplier Provider to provide the Services; and (b) any reduction in the Framework Prices taking into account any unavoidable costs payable by the Supplier Provider in respect of the substituted item, including in respect of any licence fees or early termination charges.

Competitive Terms. 25.4.1 25.5.1 If the 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 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 25.3 25.4 (Termination of Sub-Contracts), enter into a direct agreement with that Sub-Contractor or third party in respect of the relevant item. 25.4.2 25.5.2 If the Authority exercises either option pursuant to Clause 25.4.125.5.1, then the Framework Prices shall be reduced by an amount that is agreed in accordance with Clause 19.1 (Variation Procedure). 25.4.3 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 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. 25.4.1 20.4.1 If the 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 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 25.3 20.3 (Termination of Sub-Contracts), enter into a direct agreement with that Sub-Contractor or third party in respect of the relevant item. 25.4.2 20.4.2 If the Authority exercises either the option pursuant to Clause 25.4.120.4, then the Framework Prices shall be reduced by an amount that is agreed in accordance with Clause 19.1 16.1 (Variation Procedure). 25.4.3 20.4.3 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 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. 25.4.1 29.5.1 If the Authority Customer 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 Services, then the Authority Customer 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 Customer in respect of the relevant item; or (b) subject to Clause 25.3 29.4 (Termination of Sub-Contracts), enter into a direct agreement with that Sub-Contractor or third party in respect of the relevant item. 25.4.2 29.5.2 If the Authority Customer exercises either the option pursuant to Clause 25.4.129.5.1, then the Framework Prices Call Off Contract Charges shall be reduced by an amount that is agreed in accordance with Clause 19.1 (the Variation Procedure). 25.4.3 29.5.3 The AuthorityCustomer's right to enter into a direct agreement for the supply of the relevant items is subject to: (a) the Authority Customer shall make the relevant item available to the Supplier where this is necessary for the Supplier to provide the Services; and (b) any reduction in the Framework Prices Call Off 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. 25.4.1 21.5.1 If the 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 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 25.3 21.4 (Termination of Sub-Contracts), enter into a direct agreement with that Sub-Contractor or third party in respect of the relevant item. 25.4.2 21.5.2 If the Authority exercises either the option pursuant to Clause 25.4.121.5.1, then the Framework Prices Contract Charges shall be reduced by an amount that is agreed in accordance with Clause 19.1 (the Variation Procedure). 25.4.3 21.5.3 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 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.