Competitiveness. 8.1 The parties recognize that a pre-requisite for a successful long term co-operation as envisaged by the parties, is that Supplier shall, at all times, supply the Products to WABCO at competitive prices and conditions, therefore Supplier represents and warrants that Supplier shall be able to and shall at all times supply the Products to WABCO on competitive terms and conditions. It is therefore agreed that should a third party offer similar products under comparable circumstances on more favourable terms and conditions than those provided by Supplier to WABCO under this Agreement, WABCO shall be entitled to notify Supplier that it wishes to amend the terms and conditions between the parties to such an extent that said terms and conditions shall be as favourable as those offered by said third party under comparable circumstances. The terms and conditions referred to above shall include, but are not limited to: price, price discounts, rebates, marketing and promotional incentives, technology, and performance, weight, delivery times and availability, warranty, quality and service.
8.2 Should consultations between WABCO and Supplier with respect to the relevant amendments proposed by WABCO fail to result in a mutually agreed amendment of this Agreement within a period of three (3) months from the date of the notification by WABCO, WABCO shall at its sole discretion be entitled to cancel the PA and/or PPA or reduce the volumes of the Products, including in the context of a phase out.
Competitiveness. If Flextronics fails to remain Competitive with its competitors with respect to the Repair Services, then Nortel Networks may source such Repair Service from another supplier. Notwithstanding the foregoing, Nortel Networks will not transfer the Repair Services if Flextronics becomes Competitive within forty-five (45) days from notification by Nortel Networks. For the purposes of this Section, “Competitive” means terms and conditions taken as a whole that are at least as favorable to Nortel Networks as any “bona fide benchmarking” exercise or bona fide quote from a third party considering price, product quality, lead times, local content, delivery, warranty, technical support, Inventory ownership, payment terms, assumption of overhead, logistics, and other criteria identified by Nortel Networks in writing to Flextronics. A “bona fide benchmarking exercise” shall be considered to be one performed by an independent recognized benchmarking firm which is (i) selected by Nortel Networks from those companies which are regularly engaged in the industry related to the Repair Services, (ii) is not a Competitor of Flextronics and (iii) which has executed a non-disclosure agreement reasonably satisfactory to Flextronics. All fees and charges paid to such benchmarking firm shall be borne by Nortel Networks, and such fees and charges shall not be contingent upon reaching a conclusion favorable to Nortel Networks. Each party shall have the opportunity to advise the benchmarking firm of any information or factors that it deems relevant to the conduct of the benchmarking, with the intention of providing an “apples to apples” comparison, so long as such information is disclosed to the other Party. The benchmarking firm shall provide the written reports and the core data resulting from the benchmarking to both Nortel Networks and Flextronics, including the factors actually used to perform the benchmarking, data on participants and confidence factors related to the accuracy of the data and the benchmarking methodology. Flextronics will be entitled to challenge the accuracy of the results of the benchmarking exercise pursuant to the Dispute Resolution process in Exhibit 10.
Competitiveness. If Flextronics fails to remain Competitive with its competitors with respect to the Services, then Nortel Networks may source such Service from another supplier. Notwithstanding the foregoing, Nortel Networks will not transfer the Service if Supplier becomes Competitive within forty-five (45) days from notification by Nortel Networks that Supplier has failed to remain Competitive, as defined below. For the purposes of this Section, “
Competitiveness. In its November 2011 report “Ireland’s Advanced Broadband Performance and Policy Priorities”11, Forfás advocates the provision of advanced broadband infrastructure for all towns with a population greater than 1,500. Forfás, Ireland’s policy advisory board for enterprise, trade, science, technology and innovation, has stated that advanced broadband services are crucial to achieve the productivity growth necessary to improve competitiveness, sustain high-level incomes and ensure Ireland captures new opportunities for entrepreneurship and jobs across all sectors. The effective use of ICT allows SMEs to compete more vigorously in global markets, for example by reducing costs and improving the quality of services to their customer base. While large corporations tend to be concentrated in large urban centres, which are better served, SMEs tend to be more dispersed, often located in smaller urban centres that do not have access to advanced broadband services. As a result, they are constrained by the limited availability of advanced services to exploit future growth opportunities, particularly in the aforementioned data-intensive internationally traded services sectors. Approximately 70 per cent of all development agency-assisted firms are based outside Dublin city and county. 9 xxxx://xxx.xxx.xx/wp-content/uploads/WDC-Connecting-the-West-Next-Gen-Broadband-2012-large.pdf 11 xxxx://xxx.xxxxxx.xx/publications/2011/title,8528,en.php
Competitiveness. If Rieter has received an offer from another supplier who is able to supply goods that are compatible with Goods and which are of similar or better quality than the Goods or show similar or better functionality than the Goods, and in addition are at Xxxxxx’s sole discretion more favorable for Xxxxxx regarding price or other commercial terms than the Goods, Rieter shall inform Supplier about any such offer without disclosing the identity of the supplier. Rieter shall describe the commercial details of the offer to Supplier and Supplier shall establish an action plan to match the offer of the other supplier within 15 calendar days from receipt of Rieter's request. Such action plan shall also demonstrate the cost effectiveness of each individual measure. Rieter shall review the action plan and propose improvements, if any. If Xxxxxx is of the view that Supplier's action plan will not result in a match of the commercial conditions of the other supplier within a reasonable time, Rieter may terminate the Agreement in accordance with the GTC. If the Parties agree on the action plan, they shall establish an implementation plan. The time for implementation shall not exceed 6 months from the Parties’ agreement on the action plan. If Supplier does not comply with the implementation plan Rieter may terminate the Agreement in whole or in part in accordance with the GTC.
Competitiveness. Notwithstanding anything to the contrary, Sprint and the Company shall use commercially reasonable efforts to protect the Company's competitive advantage with respect to developments paid for solely by the Company for a period not to exceed nine (9) months from the date the Company receives use of such developments.
Competitiveness. Recognizing the Government's preference to enter into Cooperative Research and Development Agreements with businesses that will enhance U.S. competitiveness, as promulgated in 15 U.S.C. 3710a (c)(4), COLLABORATOR agrees that any products embodying inventions made under this Master Agreement or produced through the use of such inventions shall be manufactured substantially in the United States.
Competitiveness. Seller will continually review pricing as necessary to remain total cost competitive for market products similar to the Products. During the term, Buyer will have the status of a most-favored customer with respect to matters of pricing and, where applicable, payment terms, scheduling, delivery, warranty and indemnification. If Seller offers more favorable terms to any of its other customers during the term of the Agreement who are purchasing similar types and quantities of products, Buyer will be entitled to the more favorable terms for the Products from and after the date of such offer. Furthermore, Buyer may market test the Products to determine whether Seller is competitive (including with respect to quality, delivery, technology and price) for products in substantially similar quantity, quality and specification as Products. If Buyer determines that Seller is not competitive and notifies Seller in writing, Seller will have 30 days from the date of such notice to become market competitive. If Seller fails or refuses to become market competitive, Buyer may immediately terminate all or part of the Agreement for cause or reduce its orders of such Products from Seller, without liability to Seller; provided that Buyer will timely remit any payment due to Seller for Products accepted by Buyer.
Competitiveness. (a) If at any time during the term of an Agreement, a third party makes a competitive offer to sell Contract Products pursuant to one or more terms (including price, volume, quality or payment) that are more favorable to Customer than the terms then in effect under the Agreement (“Favorable Terms”), then Supplier will meet, or notify Customer that it will not meet, such Favorable Terms within fourteen
Competitiveness. 5.1 The parties recognize that a pre-requisite for a successful long term co-operation as envisaged by the parties, is that Supplier shall, at all times, supply the Products to WABCO at competitive prices and conditions, therefore Supplier represents and Warrants that Supplier shall be able to and shall at all times supply the Products to WABCO on competitive terms and conditions. It is therefore agreed that should a third party offer similar products under comparable circumstances on more favourable terms and conditions than those provided by Supplier to WABCO under this Agreement, WABCO shall be entitled to notify Supplier, that it wishes to amend the terms and conditions of this Agreement to such an extent that said terms and conditions shall be as favourable as those offered by said third party under comparable circumstances. The terms and conditions referred to above shall include, but are not limited to : price, price discount, rebates, marketing and promotional incentives, technology and performance, weight, delivery times and availability, warranty, quality and service.
