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 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 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 The Authority's right to enter into a direct agreement for the supply of the relevant items is subject to the Authority making the relevant item available to the Supplier where this is necessary for the Supplier to provide the Goods.
Appears in 7 contracts
Samples: Dynamic Purchasing System Agreement, Dynamic Purchasing System Agreement, Dynamic Purchasing System Agreement
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 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 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 . The Authority's right to enter into a direct agreement for the supply of the relevant items is subject to the Authority making the relevant item available to the Supplier where this is necessary for the Supplier to provide the Goods.
Appears in 2 contracts
Samples: Dynamic Marketplace Agreement for the Provision of Apprenticeship Training and Related Services, Dynamic Marketplace Agreement for the Provision of Apprenticeship Training and Related Services