Government Decisions. If a final decision under FAR 33.211 is issued by a Contracting Officer for the Prime Contract under which this Purchase Order is issued, and the decision relates in any way to this Purchase Order or to the Products or Work ordered xxxxxxxxx, that decision, if binding upon Flyer, shall also be binding upon Flyer and Supplier with respect to this Purchase Order. If any appeal is taken or any action commenced by Flyer (or Flyer’s customer), Supplier shall assist Flyer in its prosecution thereof in every reasonable manner. If, as a result of any such decision and to the extent such decision relates to Products or Work delivered by Supplier hereunder, the Government or Flyer’s customer permanently or temporarily subjects Flyer to a withhold, or requires Flyer to refund or credit any payments received to the Government or to Flyer’s customer, Supplier shall similarly be subjected to a withhold by Flyer of, or required to refund or credit to Flyer, an amount commensurate with the price of the Products or Work delivered hereunder, and the degree to which such Products or Work are, implicated by such decision.
Government Decisions. If a final decision is issued by a Contracting Officer for Xxxxx’s Contract (or the Prime Contract under which Xxxxx’s Contract is issued) and the decision relates in any way to this Purchase Order or to the Goods or Services ordered hereunder, said decision, if binding upon the Buyer, shall also be binding upon Buyer and Seller with respect to this Purchase Order. If Buyer appeals or commences an action regarding such decision, any decision upon such appeal or action, if binding upon the Buyer under the Prime Contract, shall be binding upon the Buyer and Seller as it relates to this Purchase Order. If any appeal is taken or an action commenced by Xxxxx, Seller shall assist Buyer in its prosecution thereof in every reasonable manner and otherwise fully cooperate with Buyer at Seller’s own expense. If, as a result of any decision or judgment binding upon Xxxxx, Xxxxx is unable to obtain reimbursement from the Government (or Buyer’s customer) for, or is required to refund or credit to the Government (or Buyer’s customer), any amount with respect to which Buyer has paid Seller, Seller shall, on demand, promptly repay such amount to Buyer. In no event shall Buyer be liable to Seller for any Claim submitted by Seller that the Government rejects.
