Failure to Implement Bid Process Clause Samples
The 'Failure to Implement Bid Process' clause defines the consequences and procedures that apply if a party does not follow the agreed-upon process for soliciting and evaluating bids, typically in procurement or project contracting. This clause may specify remedies such as the right to terminate the agreement, impose penalties, or require corrective actions if the bid process is not properly conducted. Its core function is to ensure fairness and transparency in the selection of vendors or contractors, and to protect parties from the risks associated with bypassing competitive bidding procedures.
Failure to Implement Bid Process. In the event the Bid Agent fails to hold an auction pursuant to a proper Bid Request, the Administrative Agent may, in its sole and absolute discretion and in its role and capacity of the Administrative Agent, make an Advance to Borrower on behalf of all Syndication Parties in the amount of each Bid Advance requested in such Bid Request to bear interest at the then current Base Rate to be repaid out of proceeds of Bid Advances on the next Banking Day, and in such event the Administrative Agent will cause the Bid Agent to hold the auction for such Bid Advances the following Banking Day.
Failure to Implement Bid Process. In the event the Bid Agent fails to hold an auction pursuant to a proper Bid Request, the Administrative Agent (in that capacity) will make an Advance to Borrower on behalf of all Syndication Parties (with such Advance allocated between the 364-Day Facility and the 3-Year Facility in accordance with the allocations contained in the applicable Bid Request), in the amount of each Bid Advance requested in such Bid Request to bear interest at the then current Base Rate to be repaid out of proceeds of Bid Advances on the next Banking Day, and will cause the Bid Agent to hold the auction for such Bid Advances the following Banking Day.
Failure to Implement Bid Process. In the event the Bid Agent fails to hold an auction pursuant to a proper Bid Request, the Administrative Agent (in that capacity) will make an Advance to Borrower on behalf of all Syndication Parties (as though one-half of such Advance was a 364-Day Pro Rata Advance and one-half was a 5-Year Pro Rata Advance), in the amount of each Bid Advance requested in such Bid Request to bear interest at the then current LIBO Rate (including the applicable 364-Day Margin) for a one (1) month LIBO Rate Period, and will cause the Bid Agent to hold the auction for such Bid Advances the following Banking Day.