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 18, if Buyer is a higher tier subcontractor, “Government” means the higher tier contractor and “prime contract” means the higher tier subcontract.

Appears in 9 contracts

Samples: BDS Terms and Conditions, Additional General Provisions, Additional General Provisions

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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 subcontractorsubc ontractor’s foregoing fore going 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 18, if Buyer is a higher tier subcontractor, “Government” means the higher tier contractor and “prime contract” means the higher tier subcontract.

Appears in 2 contracts

Samples: BDS Terms and Conditions, BDS Terms and Conditions

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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 changes 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 18, if Buyer is a higher tier subcontractor, “Government” means the higher tier contractor and “prime contract” means the higher tier subcontract.

Appears in 1 contract

Samples: General Provisions

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