Price Guarantees. (i) Upon execution of Exhibit D, the Construction Manager guarantees that the sum of (i) the actual Cost of the Work, (ii) Construction Manager’s Contingency, (iii) Construction Manager’s Staffing Costs, (iv) General Conditions Cost, and (v) Construction Manager’s Overhead and Profit, shall not exceed the amount set forth in the agreed upon GMP. All costs or expenses that would cause this sum to exceed the GMP shall be borne by the Construction Manager unless adjusted by Owner approved change order.
(ii) Upon execution of Exhibit D, the Construction Manager guarantees that the actual Cost of the Work, Construction Manager’s Staffing Costs, General Conditions Cost and Construction Manager’s Overhead and Profit shall not exceed the guaranteed maximum for each such category and that all costs or expenses that would cause any of these individual categories to exceed the guaranteed maximum for each such category in the agreed upon GMP shall be borne by the Construction Manager unless adjusted by Owner approved change order.
(iii) Upon execution of Exhibit D, the Construction Manager certifies that all factual unit costs supporting the GMP proposal are accurate, complete and current at the time of negotiations; and that any other factual unit costs that may be furnished to the Owner in the future to support any additional amounts that may be authorized will also be accurate and complete. Payments to the Construction Manager shall be reduced if the Owner determines such amounts were originally included due to materially inaccurate, incomplete, or non-current factual unit costs.
(iv) Upon execution of Exhibit D, the Construction Manager guarantees that to the extent the accepted GMP includes contingency, use of contingency shall be approved by Owner by change order prior to expenditure by the Construction Manager.
Price Guarantees. 5.2.1 Construction Manager is responsible for all costs, expenses and fees, as defined in paragraph 5.1.2 above, incurred in excess of the GMP plus any adjustments thereto to which the Construction Manager is entitled under the terms of this Contract.
Price Guarantees. The Procuring Eligible Organization shall pay the lower of the prices contained in the Master Agreement, or Large Order Negotiated Pricing at the time of Order (provided that, with respect to the applicability of Large Order Negotiated Pricing, such Procuring Eligible Organization is a party to the Large Order Negotiated Pricing negotiations and the purchase is part of the project for which the Large Order Negotiated Pricing was negotiated). When Eligible Organizations purchase under this Master Agreement, CampusGuard shall not sell Products or Services to Eligible Organizations at prices higher than those awarded via this Master Agreement and in instances where this Provision is applied, this Master Agreement contract number shall be referenced in the Supplier’s quote.
Price Guarantees. The Contractor will use the estimated collaborative historic volume data of Framework Public Bodies to obtain the best price guarantees possible from media owners. All Collaborative Framework Public Bodies media activities will be based on these price guarantees or where no guarantee exists the best rate achievable. Where using the services of a specialist sub- contractor or other intermediary, to assist with the delivery of the service, the Contractor shall demonstrate Value for Money in sub-contractor procurement.
Price Guarantees. The price guarantees quoted in this pricing schedule for all mediums, with the exception of TV Discounts, are fixed for the duration of the Framework Agreement. TV Discounts will be reviewed annually. Contractors must use these price guarantees at mini- competition stage. Following an award of contract, Contractors can charge above or below the price guarantees, however over the Framework year, the total media, per channel, purchased on behalf of each Framework Public Body must meet or better the price guarantees specified in the Pricing Schedule.
Price Guarantees. Schedule 4.10 sets forth any outstanding warranties or price guarantees made by each Selling Entity.
Price Guarantees. Prices herein are guaranteed by Supplier against manufacturer's or Supplier's own price decline and against legitimate competition until date of shipment. In the event that prior to final shipment under this order, Supplier sells or offers to sell to others goods substantially of the same kind as ordered herein at lower prices and/or on terms more favorable to a third party than those stated in this order, the prices and/or terms herein shall be deemed automatically revised to equal the lowest prices and/or most favorable terms at which Supplier shall have sold or shall have offered such goods and payments shall be made accordingly. In the event Purchaser shall become entitled to such lower prices, but shall have made payment at any price in excess thereof, Supplier shall promptly refund the difference in price to Purchaser. Supplier agrees to meet the price of legitimate competition. The prices to Purchaser set forth in this order include all taxes whether or not set forth separately. If any manufacturer's excise or other similar or different taxes are paid on the goods described in this order and if such tax, or any part thereof, is refunded to Supplier, than Supplier shall immediately pay Purchaser the amount of such refund. In the event that a court or regulatory agency or body finds that the prices herein are in excess of that allowed by any law or regulation of any governmental agency, the prices herein shall be automatically revised to equal a price which is not in violation of said law or regulations. If Purchaser shall have made payment before it is determined that there has been a violation, Supplier shall promptly refund an amount of money equal to the difference between the price paid for the goods and a price which is not in violation of said regulations.
Price Guarantees. The procuring entity shall pay the lower of the prices contained in the ESS or an announced promotion price, educational discount price, general price reduction or large order negotiated price. Only general price reduction decreases will apply to all subsequent orders accepted by vendor after the date of the issuance of the revised prices. Vendor agrees to maintain ESS product prices in accordance with the volume price discount guarantees filed. Prices set forth in the ESS are subject to decrease without prior notice. Special pricing discounts offered by successful bidders after the award of bids shall remain in effect for a minimum of 30 days.
Price Guarantees. 2.5.1. Upon execution of Appendix E, the Construction Manager guarantees that the Construction Price shall not exceed the GMP. All costs or expenses that would cause the Construction Price to exceed the GMP shall be borne by the Construction Manager unless adjusted by change order.
Price Guarantees. 2.9.1. Upon execution of Appendix “M”, the Construction Manager guarantees that the Construction Price will not exceed the GMP, as adjusted under this Agreement for changes. All costs or expenses that would cause the Construction Price to exceed the GMP will be borne by the Construction Manager unless adjusted by change order. Actual cost of the work must be documented by the Construction Manager as compared to the Guaranteed Maximum Price agreement. This information must be reported by the Construction Manager quarterly to the County. Upon completion of the work, if the total cost of the work is less than the final GMP (taking into account any adjustments made during the term of the Agreement), the County will be entitled to 100% of savings.
