Common use of Financial Warranty Clause in Contracts

Financial Warranty. Contractor shall ensure that the prices, discounts, incentives, and other financial terms (collectively, the “financial deal”) applicable to purchases under this Contract is always at least as favorable to the purchaser as the financial deal that the Contractor or its affiliates make available during the term of this Contract to any public body in Virginia for the same Products(s)/Service(s) outside this Contract. For these purposes, the suite of Product(s)/Service(s) being offered by the Contractor to any particular public body in Virginia should be considered when determining if the Product(s)/Service(s) are the same as offered herein. This may include but not be limited to, for example, that the per gallon price of bulk motor fuel may be impacted by a public body’s opting to put other services in to place above and beyond the ongoing delivery of bulk motor fuel. Throughout the term of this Contract, if Contractor (or any affiliate) makes a better financial deal available to a public body in Virginia for any Products(s)/Service(s) available under this Contract, Contractor shall immediately notify the Commonwealth of the details and, at the Commonwealth’s option, sign an amendment to this Contract, so that an equivalent financial deal for the affected Products(s)/Service(s) is also available as an option under this Contract. Contractor may request exemption if the better financial deal was for a spot purchase, and the Commonwealth shall grant such request if the Commonwealth in good faith finds that the spot purchase involved special circumstances affecting cost that would make it unfair to apply an equivalent financial deal outside of that spot purchase. Upon the Commonwealth’s request (and annually), Contractor shall submit an affidavit certifying full compliance with this Section. The Contractor (and any affiliate) shall waive any contractual or other right that inhibits any public body in Virginia from disclosing to the Commonwealth or others the financial terms made available to the public body and upon request from the Commonwealth, Contractor shall ensure that a signed confirmation of the waiver is provided to the public body and the Commonwealth. As used in this Section, an affiliate is any entity that controls, is controlled by, or is under common control with, the Contractor.

Financial Warranty. ‌ Contractor shall ensure that the prices, discounts, incentives, and other financial terms (collectively, the “financial deal”) applicable to purchases under this Contract is always at least as favorable to the purchaser as the financial deal that the Contractor or its affiliates make available during the term of this Contract to any public body in Virginia for the same Products(s)/Service(sgood(s)/service(s) outside this Contract. For these purposes, the suite of Product(s)/Service(s) being offered by the Contractor to any particular public body in Virginia should be considered when determining if the Product(s)/Service(s) are the same as offered herein. This may include but not be limited to, for example, that the per gallon price of bulk motor fuel may be impacted by a public body’s opting to put other services in to place above and beyond the ongoing delivery of bulk motor fuel. Throughout the term of this Contract, if Contractor (or any affiliate) makes a better financial deal available to a public body in Virginia for any Products(s)/Service(sgood(s)/service(s) available under this Contract, Contractor shall immediately notify the Commonwealth of the details and, at the Commonwealth’s option, sign an amendment to this Contract, so that an equivalent financial deal for the affected Products(s)/Service(sgood(s)/service(s) is also available as an option under this Contract. Contractor may request exemption if the better financial deal was for a spot purchase, and the Commonwealth shall grant such request if the Commonwealth in good faith finds that the spot purchase involved special circumstances affecting cost that would make it unfair to apply an equivalent financial deal outside of that spot purchase. Upon the Commonwealth’s request (and annually), Contractor shall submit an affidavit certifying full compliance with this Section. The Contractor (and any affiliate) shall waive any contractual or other right that inhibits any public body in Virginia from disclosing to the Commonwealth or others the financial terms made available to the public body body, and upon request from the Commonwealth, Contractor shall ensure that a signed confirmation of the waiver is provided to the public body and the Commonwealth. As used in this Section, an affiliate is any entity that controls, is controlled by, or is under common control with, the Contractor.

Financial Warranty. Contractor shall ensure hereby warrants and certifies that the all prices, discounts, incentives, and other financial terms (collectively, the “financial deal”) applicable to purchases Systems acquired under this Contract is contract shall always at least as be more favorable to the purchaser Authorized User as the financial deal that the Contractor or its affiliates may make available during the term of this Contract to any public body Authorized User in Virginia for the same Products(s)/Service(sgood(s)/service(s) provided outside of this Contract. For these purposes, the suite of Product(s)/Service(s) being offered by the Contractor to any particular public body in Virginia should be considered when determining if the Product(s)/Service(s) are the same as offered herein. This may include but not be limited to, for example, that the per gallon price of bulk motor fuel may be impacted by a public body’s opting to put other services in to place above and beyond the ongoing delivery of bulk motor fuel. Throughout the term of this Contract, if the Contractor (or any affiliate) makes a better financial deal or commercial transaction available to a public body in Virginia for any Products(s)/Service(s) Equipment or Service available under this Contract, then the Contractor shall immediately notify the Commonwealth Commonwealth’s Contracting Officer of the details and, at the Commonwealth’s option, sign an amendment to this Contract, so that an equivalent financial deal for the affected Products(s)/Service(s) specific Equipment or Service is also available as an option under this Contract. The Contractor may request an exemption if the better financial deal was for a spot purchase, and the Commonwealth shall grant such request if the Commonwealth in good faith finds that the spot purchase involved special circumstances affecting cost that would make it unfair to apply an equivalent financial deal outside of that spot purchase. Upon the Commonwealth’s request (and annually), the Contractor shall submit an affidavit certifying full compliance with this Sectionsection. The Contractor (and any affiliate) shall waive any contractual or other right that inhibits any public body in Virginia from disclosing to the Commonwealth or others the financial terms made available to the public body body, and upon request from the Commonwealth, Contractor the contractor shall ensure that a signed confirmation of the waiver is provided to the public body and the Commonwealth. As used in this Sectionsection, an affiliate is any entity that controls, is controlled by, or is under common control with, the Contractor.

Financial Warranty. Contractor shall ensure that the prices, discounts, incentives, and other financial terms (collectively, the “financial deal”) applicable to purchases under this Contract is are always at least as favorable to the purchaser Authorized User as the financial deal that the Contractor Contractor, or its affiliates any affiliates, make available during the term of this Contract to any Virginia public body in Virginia or cooperative, for the same Products(s)/Service(sgood(s)/service(s) outside this Contract. For these purposes, the suite of Product(s)/Service(s) being offered by the Contractor to any particular public body in Virginia should be considered when determining if the Product(s)/Service(s) are the same as offered herein. This may include but not be limited to, for example, that the per gallon price of bulk motor fuel may be impacted by a public body’s opting to put other services in to place above and beyond the ongoing delivery of bulk motor fuel. Throughout the term of this Contract, if Contractor (or any affiliate) makes a better financial deal available to a public body in Virginia for any Products(s)/Service(sgood(s)/service(s) available under this Contract, then the Contractor shall immediately notify the Commonwealth DGS/DPS Contract Manager of the details and, at the Commonwealth’s option, sign an amendment to this Contract, so that an equivalent financial deal for the affected Products(s)/Service(sgood(s)/service(s) is also available as an option under to other Authorized Users through this Contract. Contractor may request exemption if the better financial deal was for a spot or joint purchase, and the Commonwealth shall grant such request if the Commonwealth in good faith finds that the spot or joint purchase involved special circumstances affecting cost that would make it unfair to apply an equivalent financial deal outside of that spot or joint purchase. Upon the Commonwealth’s request (and annually), Contractor shall submit an affidavit certifying full compliance with this Sectionsection. The Contractor (and any affiliate) shall waive any contractual or other right that inhibits any public body in Virginia from disclosing to the Commonwealth or others the financial terms made available to the public body and upon request from the Commonwealth, Contractor shall ensure that a signed confirmation of the waiver is provided to the public body and the Commonwealth. As used in this Sectionsection, an affiliate is any entity that controls, is controlled by, or is under common control with, the Contractor.