Common use of DEFAULT ON DELIVERY Clause in Contracts

DEFAULT ON DELIVERY. If during the Contract period an Authorized User has issued a Purchase Order for a School Bus, and the Base Item or requested Optional Equipment awarded for the applicable Item becomes unavailable or cannot be supplied for any reason (except as provided for in Appendix B §44 Savings/Force Majeure), following the issuance of the Purchase Order, a substitute Base Item or Optional Equipment deemed by OGS and NYS DOT to be equivalent to the specifications for the Base Item or Optional Equipment included in the Contract(s), must be supplied by Contractor if requested by the Authorized User. The price for substitute Base Items or Optional Equipment shall be equal to or less than the Base Item or Optional Equipment NYS Contract Prices in the Contract. Alternatively, the Authorized User may, at their sole discretion, cancel the order and purchase the School Bus from other sources. In such event the Contractor shall reimburse the Authorized User for all excess costs over the Contract price for the Base Item or Optional Equipment that is unavailable or cannot be supplied for any reason (except as provided for in Appendix B §44 Savings/Force Majeure).

DEFAULT ON DELIVERY. ‌ If during the Contract period an Authorized User has issued a Purchase Order for a School Bus, and the Base Item or requested Optional Equipment awarded for the applicable Item becomes unavailable or cannot be supplied for any reason (except as provided for in Appendix B §§ 44 Savings/Force Majeure), following the issuance of the Purchase Order, a substitute Base Item or Optional Equipment deemed by OGS and NYS DOT to be equivalent to the specifications for the Base Item or Optional Equipment included in the Contract(s), must be supplied by Contractor if requested by the Authorized User. The price for substitute Base Items or Optional Equipment shall be equal to or less than the Base Item or Optional Equipment NYS Contract Prices in the Contract. Alternatively, the Authorized User may, at their sole discretion, cancel the order and purchase the School Bus from other sources. In such event the Contractor shall reimburse the Authorized User for all excess costs over the Contract price for the Base Item or Optional Equipment that is unavailable or cannot be supplied for any reason (except as provided for in Appendix B §§ 44 Savings/Force Majeure).

DEFAULT ON DELIVERY. If during the Contract period an Authorized User has issued a Purchase Order for a School Transit Bus, prior to the Final Order Due Date, and the Base Item or requested Optional Equipment awarded for the applicable Item that Lot becomes unavailable or cannot be supplied for any reason (except as provided for in Appendix B §44 47 Savings/Force Majeure), following the issuance of the Purchase Order, a substitute Base Item or Optional Equipment deemed by OGS and NYS DOT Procurement Services to be equivalent to the specifications for the Base Item or Optional Equipment included in the Contract(s)Contract, must be supplied by Contractor if requested by the Authorized User. The price for substitute Base Items or Optional Equipment shall be equal to or less than the Base Item or Optional Equipment NYS Contract Prices Unit Price in the Contract. Alternatively, the Authorized User may, at their sole discretion, cancel the order and purchase the School Transit Bus from other sources. In such event the Contractor shall reimburse the Authorized User for all excess costs over the Contract price for the Base Item or Optional Equipment that is unavailable or cannot be supplied for any reason (except as provided for in Appendix B §44 47 Savings/Force Majeure).

DEFAULT ON DELIVERY. If during the Contract period an Authorized User has issued a Purchase Order for a School Transit Bus, prior to the Final Order Due Date, and the Base Item or requested Optional Equipment awarded for the applicable Item that Lot becomes unavailable or cannot be supplied for any reason (except as provided for in Appendix B §44 44, Savings/Force Majeure), following the issuance of the Purchase Order, a substitute Base Item or Optional Equipment deemed by OGS and NYS DOT Procurement Services to be equivalent to the specifications for the Base Item or Optional Equipment included in the Contract(s)Contract, must Must be supplied by Contractor if requested by the Authorized User. The price for substitute Base Items or Optional Equipment shall Shall be equal to or less than the Base Item or Optional Equipment NYS Contract Prices Unit Price in the Contract. Alternatively, the Authorized User mayMay, at their its sole discretion, cancel the order and purchase the School Transit Bus from other sources. In such event the Contractor shall Shall reimburse the Authorized User for all excess costs over the Contract price for the Base Item or Optional Equipment that is unavailable or cannot be supplied for any reason (except as provided for in Appendix B §44 44, Savings/Force Majeure).