Open Market Clause Samples
The Open Market clause allows parties to seek or accept offers from third parties outside of an exclusive arrangement. In practice, this means that if a party receives a better offer from another source, they are permitted to pursue that opportunity, often after notifying the original contracting party or giving them a chance to match the offer. This clause is primarily used to ensure flexibility and competitiveness, preventing parties from being locked into less favorable terms and encouraging fair market value.
Open Market. Supplier’s open market pricing process is included within its Proposal.
Open Market. Items
a) Awarded Vendor(s) may offer Not Specifically Priced (NSP) items that compliment or enhance the Products and/or Services offered under the resulting Master Agreement(s). NSP items will not include:
i) Interactive White boards;
ii) Computers, monitors, or other related items;
iii) Fax machines units;
iv) Overhead Projectors; and
v) Cameras.
b) NSP items may only be acquired through the Awarded Vendor(s) or their Authorized Dealer(s) and must be reported quarterly with all other sales under the resulting Master Agreement(s).
c) NSP items must be priced at a minimum discount of 15% from MSRP or List Price.
d) NSP items shall not be offered to a Purchasing Entity as a stand-alone option, and the maximum allowable amount of all NSP items in a single Order shall be $5,000, or as otherwise determined by the Participating State or Entity.
e) It shall be at the discretion of the Participating State or Entity to allow Open Market Items in their Participating Addendum.
Open Market agrees to participate with Distributor in a technical support review to ensure OPEN MARKET and Distributor are meeting their Support Obligations.
Open Market. The Purchaser and/or its Affiliates may purchase Shares in the open market."
3. Subsection (b) of Section 2.1.7 is amended to read in full as follows:
Open Market. Avg. Buyer Age Min. Deliverable Time Frame
Open Market. GPISD reserves the right to purchase any item or service not available within the quoted delivery time or not clearly identifiable per the price lists and/or catalogs on an “open market” purchase; outside of the contract scope.
Open Market. Nothing contained in this paragraph 11 shall, however, preclude you from acting as agent in the execution of unsolicited orders of customers in transactions effectuated for them through a market maker.
Open Market. Any project seeking qualification under the BC Indie Program cannot have its which has pre-sold significant world distribution rights pre-sold to finance production, i.e., there must be must demonstrate that there are meaningful open markets for its distribution of a BC Indie Program-qualified project. Producers at the time of production shall make full disclosure to the UBCP in respect of any and all proposed licensing agreements or the like (including territory, term, and the amount of license fees, etc.). Allocation of revenue issues, if any, shall be determined pursuant to the provisions of Article C407.
Open Market. Galena Park ISD reserves the right to purchase any item or service not available within the quoted delivery time or not clearly identifiable per the price lists and/or catalogs on an “open market” purchase; outside of the contract scope. Galena Park ISD expressly reserves the right to: G1. Reject or cancel any or all proposals.
Open Market. Wishtan HomeServices can list and sell your home on the open market as a full-service real estate broker to include listing your home on the MLS with professional photos and video.