Common use of Competitiveness Clause in Contracts

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. 8.1 9.1 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 Supplier, that it wishes to amend the terms and conditions between the parties 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 discounts, rebates, marketing and promotional incentives, technology, and performance, weight, delivery times and availability, warranty, quality and service. 8.2 9.2 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. 8.1 9.1 The parties recognize that a pre-requisite for a successful successful, long term co-operation as envisaged by the partiescommercial relationship, is that Supplier shall, at all times, supply the Products products to WABCO at competitive prices and conditions. Accordingly, therefore Supplier represents and warrants that Supplier shall be able to and shall at all times supply the Products 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 favorable terms and conditions than those provided by Supplier to WABCO under this the Agreement, WABCO shall be entitled to notify Supplier that it wishes to amend the terms and conditions Agreement between the parties to such an extent that said terms and conditions shall be as favourable favorable 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 9.2 Should consultations negotiations between WABCO and Supplier with respect to the relevant amendments proposed by WABCO fail to result in a mutually agreed amendment of this the Agreement within a period of three (3) months from the date of the notification by WABCO, WABCO shall shall, at its sole discretion discretion, be entitled to cancel the PA and/or PPA or Project Supply Agreement, reduce the volumes of the Productsproducts, including in the context of a phase out, or terminate the Agreement without liability to Supplier.

Competitiveness. 8.1 9.1. 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 Supplier, that it wishes to amend the terms and conditions between the parties 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 discounts, rebates, marketing and promotional incentives, technology, and performance, weight, delivery times and availability, warranty, quality and service. 8.2 9.2. Should consultations between WABCO and Supplier with respect to the relevant amendments proposed by WABCO ABCO 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. 8.1 9.1 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 Supplier, that it wishes to amend the terms and conditions between the parties 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 discounts, rebates, marketing and promotional incentives, technology, and performance, weight, delivery times and availability, warranty, quality and service. 8.2 9.2 Should consultations between WABCO and Supplier with respect to the relevant amendments proposed by WABCO ABCO 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.