Common use of DEFECTIVE COST OR PRICING DATA Clause in Contracts

DEFECTIVE COST OR PRICING DATA. a. If Seller, its subcontractor, or prospective subcontractor fails to submit accurate, complete and current cost or pricing data, and, as a result of that failure, the Government reduces the price of Buyer’s prime contract, Buyer may recover from Seller an amount equal to the price reduction of the prime contract. b. If, as a result of Seller’s or its subcontractor’s foregoing conduct, the Government imposes a penalty on or charges Buyer interest, Xxxxx may recover from Seller the amount of that interest or penalty. c. For the purposes of paragraphs a and b of this Article, if Buyer is a higher-tier subcontractor, “Government” means the higher-tier contractor and “prime contract” means the higher-tier subcontract. d. Seller will not raise as defenses the matters listed in FAR 52.215-10(c)(1) (AUG 2011) or FAR 52.215-11(d)(1) (AUG 2011).

Appears in 24 contracts

Samples: Purchase Agreement, Purchase Agreement, Purchase Agreement

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DEFECTIVE COST OR PRICING DATA. a. If Seller, its subcontractor, or prospective subcontractor fails to submit accurate, complete and current cost or pricing data, and, as a result of that failure, the Government reduces the price of Buyer’s prime contract, Buyer may recover from Seller an amount equal to the price reduction of the prime contract. b. If, as a result of Seller’s or its subcontractor’s foregoing conduct, the Government imposes a penalty on or charges Buyer interest, Xxxxx may recover from Seller the amount of that interest or penalty. c. For the purposes of paragraphs a and b of this Article, if Buyer is a higher-tier subcontractor, “Government” means the higher-tier contractor and “prime contract” means the higher-tier subcontract. d. Seller will shall not raise as defenses the matters listed in FAR 52.215-10(c)(1) (AUG 2011) or FAR 52.215-11(d)(1) (AUG 2011).

Appears in 13 contracts

Samples: Purchase Agreement, Purchase Agreement, Purchase Agreement

DEFECTIVE COST OR PRICING DATA. a. If Seller, its subcontractor, or prospective subcontractor fails to submit accurate, complete and current cost or pricing data, and, as a result of that failure, the Government reduces the price of Buyer’s prime contract, Buyer may recover from Seller an amount equal to the price reduction of the prime contract. b. If, as a result of Seller’s or its subcontractor’s foregoing conduct, the Government imposes a penalty on or charges Buyer interest, Xxxxx may recover from Seller the amount of that interest or penalty. c. For the purposes of paragraphs a and b of this Article, if Buyer is a higher-tier subcontractor, “Government” means the higher-tier contractor and “prime contract” means the higher-tier subcontract. d. Seller will shall not raise as defenses the matters listed in FAR 52.215-10(c)(1) (AUG 2011) or FAR 52.215-11(d)(1) (AUG 2011)JUN 2020) unless some other date version or equivalent FAR clause is provided elsewhere in this Contract.

Appears in 4 contracts

Samples: Purchase Agreement, Purchase Agreement, Purchase Agreement

DEFECTIVE COST OR PRICING DATA. a. i. If Seller, its subcontractor, or prospective subcontractor fails to submit accurate, complete complete, and current cost or pricing data, and, as a result of that failure, the Government reduces the price of Buyer’s prime contract, Buyer may recover from Seller an amount equal to the price reduction of the prime contract. b. ii. If, as a result of Seller’s or its subcontractor’s foregoing conduct, the Government imposes a penalty on or charges Buyer interest, Xxxxx may recover from Seller the amount of that interest or penalty. c. iii. For the purposes of paragraphs a subparagraphs (e.i) and b (e.ii) of this Article, if Buyer is a higher-tier subcontractor, “Government” means the higher-tier contractor and “prime contract” means the higher-tier subcontract. d. iv. Seller will shall not raise as defenses the matters listed in FAR 52.215-10(c)(1) (AUG 2011) or FAR 52.215-11(d)(1) (AUG 2011)JUN 2020) unless some other date version or equivalent FAR clause is provided elsewhere in this Contract.

Appears in 3 contracts

Samples: Purchase Agreement, Purchase Contract, Purchase Agreement

DEFECTIVE COST OR PRICING DATA. a. i. If Seller, its subcontractor, or prospective subcontractor fails to submit accurate, complete and current cost or pricing data, and, as a result of that failure, the Government reduces the price of Buyer’s prime contract, Buyer may recover from Seller an amount equal to the price reduction of the prime contract. b. ii. If, as a result of Seller’s or its subcontractor’s foregoing conduct, the Government imposes a penalty on or charges Buyer interest, Xxxxx may recover from Seller the amount of that interest or penalty. c. iii. For the purposes of paragraphs a subparagraphs (e.i) and b (e.ii) of this Article, if Buyer is a higher-tier subcontractor, “Government” means the higher-tier contractor and “prime contract” means the higher-tier subcontract. d. iv. Seller will shall not raise as defenses the matters listed in FAR 52.215-10(c)(1) (AUG 2011) or FAR 52.215-11(d)(1) (AUG 2011)JUN 2020) unless some other date version or equivalent FAR clause is provided elsewhere in this Contract.

Appears in 2 contracts

Samples: Purchase Agreement, Purchase Agreement

DEFECTIVE COST OR PRICING DATA. a. i. If Seller, its subcontractor, or prospective subcontractor fails to submit accurate, complete and current cost or pricing data, and, as a result of that failure, the Government reduces the price of Buyer’s prime contract, Buyer may recover from Seller an amount equal to the price reduction of the prime contract. b. ii. If, as a result of Seller’s or its subcontractor’s foregoing conduct, the Government imposes a penalty on or charges Buyer interest, Xxxxx may recover from Seller the amount of that interest or penalty. c. iii. For the purposes of paragraphs a i. and b ii. of this Article, if Buyer is a higher-tier subcontractor, “Government” means the higher-tier contractor and “prime contract” means the higher-tier subcontract. d. iv. Seller will shall not raise as defenses the matters listed in FAR 52.215-10(c)(1) (AUG 2011) or FAR 52.215-11(d)(1) (AUG 2011)JUN 2020) unless some other date version or equivalent FAR clause is provided elsewhere in this Contract.

Appears in 1 contract

Samples: Purchase Agreement

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DEFECTIVE COST OR PRICING DATA. a. i. If Seller, its subcontractor, or prospective subcontractor fails to submit accurate, complete and current cost or pricing data, and, as a result of that failure, the Government reduces the price of Buyer’s prime contract, Buyer may recover from Seller an amount equal to the price reduction of the prime contract. b. ii. If, as a result of Seller’s or its subcontractor’s foregoing conduct, the Government imposes a penalty on or charges Buyer interest, Xxxxx may recover from Seller the amount of that interest or penalty. c. iii. For the purposes of paragraphs a paragraph a. and b b. of this Article, if Buyer is a higher-tier subcontractor, “Government” means the higher-tier contractor and “prime contract” means the higher-tier subcontract. d. iv. Seller will shall not raise as defenses the matters listed in FAR 52.215-10(c)(1) (AUG 2011) or FAR 52.215-11(d)(1) (AUG 2011)JUN 2020) unless some other date version or equivalent FAR clause is provided elsewhere in this Contract.

Appears in 1 contract

Samples: Purchase Agreement

DEFECTIVE COST OR PRICING DATA. a. i. If Seller, its subcontractor, or prospective subcontractor fails to submit accurate, complete and current cost or pricing data, and, as a result of that failure, the Government reduces the price of Buyer’s prime contract, Buyer may recover from Seller an amount equal to the price reduction of the prime contract. b. ii. If, as a result of Seller’s or its subcontractor’s foregoing conduct, the Government imposes a penalty on or charges Buyer interest, Xxxxx may recover from Seller the amount of that interest or penalty. c. iii. For the purposes of paragraphs a (e.i) and b (e.ii) of this Article, if Buyer is a higher-tier subcontractor, “Government” means the higher-tier contractor and “prime contract” means the higher-tier subcontract. d. iv. Seller will shall not raise as defenses the matters listed in FAR 52.215-10(c)(1) (AUG 2011) or FAR 52.215-11(d)(1) (AUG 2011)JUN 2020) unless some other date version or equivalent FAR clause is provided elsewhere in this Contract.

Appears in 1 contract

Samples: Purchase Agreement

DEFECTIVE COST OR PRICING DATA. a. i. If Seller, its subcontractor, or prospective subcontractor fails to submit accurate, complete and current cost or pricing data, and, as a result of that failure, the Government reduces the price of Buyer’s prime contract, Buyer may recover from Seller an amount equal to the price reduction of the prime contract. b. ii. If, as a result of Seller’s or its subcontractor’s foregoing conduct, the Government imposes a penalty on or charges Buyer interest, Xxxxx may recover from Seller the amount of that interest or penalty. c. iii. For the purposes of paragraphs a a. and b b. of this Article, if Buyer is a higher-tier subcontractor, “Government” means the higher-tier contractor and “prime contract” means the higher-tier subcontract. d. iv. Seller will shall not raise as defenses the matters listed in FAR 52.215-10(c)(1) (AUG 2011) or FAR 52.215-11(d)(1) (AUG 2011)JUN 2020) unless some other date version or equivalent FAR clause is provided elsewhere in this Contract.

Appears in 1 contract

Samples: Purchase Agreement

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