Common use of MOST FAVORED CLIENT Clause in Contracts

MOST FAVORED CLIENT. a) Consultant represents and warrants to OWNER that the prices discounts, rebates, allowances, and other pricing terms offered pursuant to this Contract for substantially similar services and skill levels (sold in substantially equal or smaller quantities) are, and during the term of this Contract will be, the same as or lower, or more favorable than those contemporaneously offered by Consultant to any other client. If Consultant shall enter into arrangements during the term of this Contract with any other client providing for lower or more favorable prices, discounts, rebates, allowance, or other pricing terms, Consultant shall promptly notify OWNER in writing and make the same available to OWNER as of the date such prices or other more favorable terms became effective for another client, and this Contract shall be amended accordingly upon OWNER'S acceptance of such terms. b) This Article shall not apply to arrangements with other clients during the term of this Contract fitting one or more of the following classifications: i) not provided by the same operating unit (. i.e., provided by an operating unit that has no indirect cost pools in common with the operating unit providing services under this Contract) ii) not in the same general geographical area (except that home office overhead rates should be consistent without regard to location) iii) are pro xxxx in nature iv) contracts that are primarily lump sum in nature, but may involve incidental hourly services v) less than one hundred thousand dollars in value c) Annually, Consultant shall review and have an officer of its company certify in writing to Owner its compliance with this Article. d) Consultant shall insert this paragraph in all subconsultant contracts hereunder, except altered as necessary for the proper identification of the contracting parties and the Owner.

Appears in 6 contracts

Samples: Material Testing and Inspection Services Agreement, Project Controls and Analytic Services Agreement, Design and Design Management Agreement

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MOST FAVORED CLIENT. a) Consultant represents and warrants to OWNER that the prices discounts, rebates, allowances, and other pricing terms offered pursuant to this Contract for substantially similar services and skill levels (sold in substantially equal or smaller quantities) are, and during the term of this Contract will be, the same as or lower, or more favorable than those contemporaneously offered by Consultant to any other client. If Consultant shall enter into arrangements during the term of this Contract with any other client providing for lower or more favorable prices, discounts, rebates, allowance, or other pricing terms, Consultant shall promptly notify OWNER in writing and make the same available to OWNER as of the date such prices or other more favorable terms became effective for another client, and this Contract shall be amended accordingly upon OWNER'S acceptance of such terms. b) This Article shall not apply to arrangements with other clients during the term of this Contract fitting one or more of the following classifications: i) not provided by the same operating unit (. i.e., provided by an operating unit that has no indirect cost pools in common with the operating unit providing services under this Contract) ii) not in the same general geographical area (except that home office overhead rates should be consistent without regard to location) location)β€Œ iii) are pro xxxx in nature iv) contracts that are primarily lump sum in nature, but may involve incidental hourly services v) less than one hundred thousand dollars in value c) Annually, Consultant shall review and have an officer of its company certify in writing to Owner its compliance with this Article. d) Consultant shall insert this paragraph in all subconsultant contracts hereunder, except altered as necessary for the proper identification of the contracting parties and the Owner.services

Appears in 1 contract

Samples: Indefinite Delivery of Structural Inspections and Review Services Agreement

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