Common use of Financial Warranty Clause in Contracts

Financial Warranty. The Contractor shall not use the State of Indiana's Market Basket pricing, as listed in Exhibit A, to negotiate lower prices on existing or new contracts ("Competing Contracts") with entities that are Ordering Agencies, as defined in Section 1(A) of this Contract. If the Contractor executes Competing Contracts that include any Market Basket item contracted hereunder to an Ordering Agency, and the Market Basket item is provided at a price lower than that which is charged under this Contract, the lower price per item shall be effective from the date the Competing Contract was executed. In addition to the State's new Contract price per Market Basket item, which resulted from the Competing Contract's lower price per Market Basket item, the Ordering Agency shall also be entitled to a credit for the difference between the amounts paid per Market Basket item, as listed in Exhibit A, and the Competing Contract's lower price per Market Basket item. The credit will be calculated based on the historical volume ordered by each Ordering Agency from the date the Competing Contract was executed to the date the vendor updates the Market Basket item prices in the eProcurement Punch-Out, as discussed in Section 1(G) of this Contract. It shall not be a violation of this section for the Contractor to respond to a bid, request for proposal, request for quotation, or similar public solicitation process ("Bid") from any Ordering Agency and to offer different prices for products not offered in this Contract's Market Basket, as listed in Exhibit A. Further, it shall not be a violation of this section for the Contractor to negotiate a local Market Basket ("Local Market Basket"), for any Ordering Agency, with the exclusion of State Agencies, to offer different prices for products not offered in the State Market Basket, as listed in Exhibit A. A Local Market Basket consists of State Market Basket items, priced as listed in Exhibit A, plus Non-Market Basket items. Non-Market Basket items included in the Local Market Basket shall not impact, alter or change the State's Non-Market Basket percent off list price, as referenced in Exhibit B of this Contract. It shall not be a violation to offer Market Basket item(s) to an Ordering Agency at a lower price if a onetime bulk purchase is made. However, for a one time bulk purchase to be made, prior written approval from the State Contract Manager is required.

Financial Warranty. The Contractor shall not use the State of Indiana's ’s Market Basket pricing, as listed in Exhibit A, to negotiate lower prices on existing or new contracts ("“Competing Contracts"”) with entities that are Ordering Agencies, as defined in Section 1(A) of 1of this Contract. If the Contractor executes Competing Contracts that include any Market Basket item contracted hereunder to an Ordering Agency, and the Market Basket item is provided at a price lower than that which is charged under this Contract, the lower price per item shall be effective from the date the Competing Contract was executed. In addition to the State's ’s new Contract price per Market Basket item, which resulted from the Competing Contract's ’s lower price per Market Basket item, the Ordering Agency shall also be entitled to a credit for the difference between the amounts paid per Market Basket item, as listed in Exhibit A, and the Competing Contract's ’s lower price per Market Basket item. The credit will be calculated based on the historical volume ordered by each Ordering Agency from the date the Competing Contract was executed to the date the vendor updates the Market Basket item prices in the eProcurement Punch-Out, as discussed in Section 1(G) of this Contract. It shall not be a violation of this section for the Contractor to respond to a bid, request for proposal, request for quotation, or similar public solicitation process ("“Bid"”) from any Ordering Agency and to offer different prices for products not offered in this Contract's ’s Market Basket, as listed in Exhibit A. Further, it shall not be a violation of this section for the Contractor to negotiate a local Market Basket ("“Local Market Basket"”), for any Ordering Agency, with the exclusion of State Agencies, to offer different prices for products not offered in the State Market Basket, as listed in Exhibit A. A Local Market Basket consists of State Market Basket items, priced as listed in Exhibit A, plus Non-Market Basket itemsitems from the Contractor’s MSRP Price List. Non-Market Basket items Items from the Contractor’s MSRP Price List included in the Local Market Basket shall not impact, alter or change the State's Non-Market Basket ’s percent off list price, as referenced in Exhibit B of this Contract. It shall not be a violation to offer a Market Basket item(s) to an Ordering Agency at a lower price if a onetime bulk purchase is made. However, for a one time bulk purchase to be made, prior written approval from the State IDOA Vendor Contract Manager is requiredManager.

Financial Warranty. The Contractor shall not use the State of Indiana's ’s Market Basket pricing, as listed in Exhibit AA.2, to negotiate lower prices on existing or new contracts ("“Competing Contracts"”) with entities that are Ordering Agencies, as defined in Section 1(A) of this Contract. If the Contractor executes Competing Contracts that include any Market Basket item contracted hereunder to an Ordering Agencyagency, and the Market Basket item is provided at a price lower than that which is charged under this Contract, the lower price per item shall be effective from the date the Competing Contract was executed. In addition to the State's ’s new Contract contract price per Market Basket item, which resulted from the Competing Contract's ’s lower price per Market Basket item, the Ordering Agency shall also be entitled to a credit for the difference between the amounts paid per Market Basket itemitems, as listed in Exhibit AA.2, and the Competing competing Contract's ’s lower price per Market Basket item. The credit will be calculated based on the historical volume ordered by each Ordering Agency from the date the Competing Contract was executed to the date the vendor updates the Market Basket item prices in the eProcurement Punch-Out, as discussed in Section 1(G) of this Contract. It shall not be a violation of this section for the Contractor contractor to respond to a bid, request for proposal, request for quotation, or similar public solicitation process ("Bid"“BID”) from any Ordering Agency agency and to offer different prices for products not offered in this Contract's ’s Market Basket, as listed in Exhibit A. A.2. Further, it shall not be a violation of this section for the Contractor to negotiate a local Market Basket ("“Local Market Basket"Box”), for any Ordering Agency, with the exclusion of State Agencies, to offer different prices for products not offered in the State Market Basket, as listed in Exhibit A. A Local Market Basket consists of State Market Basket items, priced as listed in Exhibit AA.2, plus Non-Market Basket items. Non-Market Basket items included in the Local Market Basket Box shall not impact, alter alter, or change the State's ’s Non-Market Basket percent off list price, as referenced in Exhibit B of this Contractcontract. It shall not be a violation to offer Market Basket item(s) to an Ordering Agency at a lower price if a onetime one-time bulk purchase is made. However, for or a one one-time bulk purchase to be made, prior written approval from the State Vendor Contract Manager is required.

Financial Warranty. The Contractor shall not use the State of Indiana's Market Basket pricing, as listed in Exhibit AA.2, to negotiate lower prices on existing or new contracts ("Competing Contracts") with entities that are Ordering Agencies, as defined in Section 1(A) of this Contract. If the Contractor executes Competing Contracts that include any Market Basket item contracted hereunder to an Ordering Agency, and the Market Basket item is provided at a price lower than that which is charged under this Contract, the lower price per item shall be effective from the date the Competing Contract was executed. In addition to the State's new Contract price per Market Basket item, which resulted from the Competing Contract's lower price per Market Basket item, the Ordering Agency shall also be entitled to a credit for the difference between the amounts paid per Market Basket item, as listed in Exhibit AA.2, and the Competing Contract's lower price per Market Basket item. The credit will be calculated based on the historical volume ordered by each Ordering Agency from the date the Competing Contract was executed to the date the vendor updates the Market Basket item prices in the eProcurement Punch-Out, as discussed in Section 1(G) of this Contract. It shall not be a violation of this section for the Contractor to respond to a bid, request for proposal, request for quotation, or similar public solicitation process ("Bid") from any Ordering Agency and to offer different prices for products not offered in this Contract's Market Basket, as listed in Exhibit A. A.2. Further, it shall not be a violation of this section for the Contractor to negotiate a local Market Basket ("Local Market BasketBox"), for any Ordering Agency, with the exclusion of State Agencies, to offer different prices for products not offered in the State Market Basket, as listed in Exhibit A. A.2. A Local Market Basket Box consists of State Market Basket items, priced as listed in Exhibit AA.2, plus Non-Non- Market Basket items. Non-Market Basket items included in the Local Market Basket Box shall not impact, alter or change the State's Non-Market Basket percent off list price, as referenced in Exhibit B of this Contract. It shall not be a violation to offer Market Basket item(s) to an Ordering Agency at a lower price if a onetime bulk purchase is made. However, for a one time bulk purchase to be made, prior written approval from the State Contract Manager is required.Vendor Contract

Financial Warranty. The Contractor shall not use the State of Indiana's Market Basket pricing, as listed in Exhibit A, to negotiate lower prices on existing or new contracts ("Competing Contracts") with entities that are Ordering Agencies, as defined in Section 1(A) of this Contract. If the Contractor executes Competing Contracts that include any Market Basket item contracted hereunder to an Ordering Agency, and the Market Basket item is provided at a price lower than that which is charged under this Contract, the lower price per item shall be effective from the date the Competing Contract was executed. In addition to the State's new Contract price per Market Basket item, which resulted from the Competing Contract's lower price per Market Basket item, the Ordering Agency shall also be entitled to a credit for the difference between the amounts paid per Market Basket item, as listed in Exhibit A, and the Competing Contract's lower price per Market Basket item. The credit will be calculated based on the historical volume ordered by each Ordering Agency from the date the Competing Contract was executed to the date the vendor updates the Market Basket item prices in the eProcurement Punch-Out, as discussed in Section 1(G) of this Contract. It shall not be a violation of this section for the Contractor to respond to a bid, request for proposal, request for quotation, or similar public solicitation process ("Bid") from any Ordering Agency and to offer different prices for products not offered in this Contract's Market Basket, as listed in Exhibit A. Further, it shall not be a violation of this section for the Contractor to negotiate a local Market Basket ("Local Market Basket"), for any Ordering Agency, with the exclusion of State Agencies, to offer different prices for products not offered in the State Market Basket, as listed in Exhibit A. A Local Market Basket consists of State Market Basket items, priced as listed in Exhibit A, plus Non-Market Basket items. Non-Market Basket items included in the Local Market Basket shall not impact, alter or change the State's Non-Market Basket percent off list price, as referenced in Exhibit B C of this Contract. It shall not be a violation to offer a Market Basket item(s) to an Ordering Agency at a lower price if a onetime bulk purchase is made. However, for a one time bulk purchase to be made, prior written approval from the State Contract Manager is required.

Financial Warranty. The Contractor shall not use the State of Indiana's ’s Market Basket pricing, as listed in Exhibit A, to negotiate lower prices on existing or new contracts ("“Competing Contracts"”) with entities that are Ordering Agencies, as defined in Section 1(A) of 1of this Contract. If the Contractor executes Competing Contracts that include any Market Basket item contracted hereunder to an Ordering Agency, and the Market Basket item is provided at a price lower than that which is charged under this Contract, the lower price per item shall be effective from the date the Competing Contract was executed. In addition to the State's ’s new Contract price per Market Basket item, which resulted from the Competing Contract's ’s lower price per Market Basket item, the Ordering Agency shall also be entitled to a credit for the difference between the amounts paid per Market Basket item, as listed in Exhibit A, and the Competing Contract's ’s lower price per Market Basket item. The credit will be calculated based on the historical volume ordered by each Ordering Agency from the date the Competing Contract was executed to the date the vendor updates the Market Basket item prices in the eProcurement Punch-Out, as discussed in Section 1(G) of this Contract. It shall not be a violation of this section for the Contractor to respond to a bid, request for proposal, request for quotation, or similar public solicitation process ("“Bid"”) from any Ordering Agency and to offer different prices for products not offered in this Contract's ’s Market Basket, as listed in Exhibit A. Further, it shall not be a violation of this section for the Contractor to negotiate a local Market Basket ("“Local Market Basket"”), for any Ordering Agency, with the exclusion of State Agencies, to offer different prices for products not offered in the State Market Basket, as listed in Exhibit A. A Local Market Basket consists of State Market Basket items, priced as listed in Exhibit A, plus Non-Market Basket itemsitems from the Contractor’s MSRP Price List. Non-Market Basket items Items from the Contractor’s MSRP Price List included in the Local Market Basket shall not impact, alter or change the State's Non-Market Basket ’s percent off list price, as referenced in Exhibit B of this Contract. It shall not be a violation to offer a Market Basket item(s) to an Ordering Agency at a lower price if a onetime bulk purchase is made. However, for a one one-time bulk purchase to be made, prior written approval from the State IDOA Vendor Contract Manager is requiredManager.

Financial Warranty. The Contractor shall not use the State of Indiana's Market Basket pricing, as listed in Exhibit A, to negotiate lower prices on existing or new contracts ("Competing Contracts") with entities that are Ordering Agencies, as defined in Section 1(A) of this Contract. If the Contractor executes Competing Contracts that include any Market Basket item service category administrative fee contracted hereunder to an Ordering Agency, and the Market Basket item service category administrative fee is provided at a price lower than that which is charged under this Contract, the lower price per item category shall be effective from the date the Competing Contract was executed. In addition to the State's new Contract price per Market Basket itemservice category, which resulted from the Competing Contract's lower price per Market Basket itemprice, the Ordering Agency shall also be entitled to a credit for the difference between the amounts paid per Market Basket itemservice category administrative fee, as listed in Exhibit A, and the Competing Contract's lower price per Market Basket itemservice category administrative fee. The credit will be calculated based on the historical volume ordered of completed service by each Ordering Agency from the date the Competing Contract was executed to the date the vendor updates the Market Basket item prices State Contract Manager and the State Contract Manager is able to update the pricing in the eProcurement Punch-Out, as discussed in Section 1(G) of this ContractState’s financial system. It shall not be a violation of this section for the Contractor to respond to a bid, request for proposal, request for quotation, or similar public solicitation process ("Bid") from any Ordering Agency and to offer different prices for products not offered in this Contract's Market Basketservice category administrative fee listing, as listed in Exhibit A. Further, it shall not be a violation of this section for the Contractor to negotiate a local Market Basket ("Local Market Basket")service category administrative fee listing, for any Ordering Agency, with the exclusion of State Agencies, to offer different prices for products not offered in the State Market Basketof Indiana Pricing, as listed in Exhibit A. A Local Market Basket consists TBD Term This Contract shall be effective for a period of TBD. It shall commence on TBD and shall remain in effect through TBD. Access to Records The Contractor and its subcontractors, if any, shall maintain all books, documents, papers, accounting records, and other evidence pertaining to all costs incurred under this Contract. They shall make such materials available at their respective offices at all reasonable times during this Contract, and for three (3) years from the date of final payment under this Contract, for inspection by the State Market Basket items, priced as listed in Exhibit A, plus Non-Market Basket itemsor its authorized designees. Non-Market Basket items included in Copies shall be furnished at no cost to the Local Market Basket shall not impact, alter or change State if requested. Assignment; Successors The Contractor binds its successors and assignees to all the State's Non-Market Basket percent off list price, as referenced in Exhibit B terms and conditions of this Contract. It The Contractor shall not assign or subcontract the whole or any part of this Contract without the State's prior written consent. The Contractor may assign its right to receive payments to such third parties as the Contractor may desire without the prior written consent of the State, provided that the Contractor gives written notice (including evidence of such assignment) to the State thirty (30) days in advance of any payment so assigned. The assignment shall cover all unpaid amounts under this Contract and shall not be a violation made to offer Market Basket item(s) to an Ordering Agency at a lower price if a onetime bulk purchase is made. However, for a more than one time bulk purchase to be made, prior written approval from the State Contract Manager is requiredparty.