Price Index Pricing Sample Clauses

Price Index Pricing. In addition to Section 3.9, above, while this Agreement is in effect and to the extent applicable, the line-item-level price for each Deliverable under this Agreement must be equal to or better than the “Tenth Percentile Price” as defined below in this Section 3.9. For any Deliverable price not in compliance with this Section, Vendor must (i) refund to each Customer the difference between (a) the non-compliant Deliverable price Customer paid to Vendor and (b) the Tenth Percentile Price of the affected Deliverable as of the invoice date, for all Deliverables purchased at a non-compliant Deliverable price; and (ii) execute an amendment to this Agreement to lower the non-compliant Deliverable price to at least the then-current Tenth Percentile Price. The parties may rely on Vizient Savings ActualyzerTM or a similar agreed upon tool (the “Tool”) to determine the Tenth Percentile Price; provided, however, either party may present additional documentation to support its determination of the Tenth Percentile Price. If the parties cannot agree on the Tenth Percentile Price of a Deliverable within ten (10) days following written notice of a non-compliant Deliverable price, the Tenth Percentile Price of the Deliverable identified in the Tool will control. For purposes of this Section, “Tenth Percentile Price” means the indexed, line- item-level price for a Deliverable that is better than 90% of all indexed, line-item-level prices for that Deliverable that Vendor offers to any customer or group of customers.
Sample 1Sample 2Sample 3See All (4)
Price Index Pricing. In addition to Section 3.9, above, while this Agreement is in effect and to the extent applicable, the line-item-level price for each Deliverable under this Agreement must be equal to or better than the “Tenth Percentile Price” as defined below. For any Deliverable price not in compliance with this Section, Vendor must (i) refund to each Customer the difference between (a) the non-compliant Deliverable price Customer paid to Vendor and (b) the Tenth Percentile Price of the affected Deliverable as of the invoice date, for all Deliverables purchased at a non-compliant Deliverable price; and (ii) execute an amendment to this Agreement to lower the non-compliant Deliverable price to at least the then-current Tenth Percentile Price. The parties may rely on Vizient Savings ActualyzerTM or a similar agreed upon tool (the “Tool”) to determine the Tenth Percentile Price; provided, however, either party may present additional documentation to support its determination of the Tenth Percentile Price. If the parties cannot agree on the Tenth Percentile Price
Sample 1

Related to Price Index Pricing

  • Contract Year A twelve (12) month period during the term of the Agreement commencing on the Effective Date and each anniversary thereof.

  • Supply Price The price payable by SAVIENT to NOF for the Activated PEG manufactured and supplied by NOF pursuant to SAVIENT’s Firm Orders (“Supply Price”) shall be as set out in Exhibit C, and the price for each order shall be calculated based on SAVIENT’s total Forecast for the Year in which the order is placed regardless of whether NOF shall complete delivery in the Year in which it is ordered. By way of example, if SAVIENT’s Forecast for a particular Year is for [**] kg of the Activated PEG, then orders placed during that Year will be charged at US$[**]/Kg. If at the end of any Year actual orders purchased by SAVIENT do not fall within the applicable quantity range of the original Forecast, then the Price for the Activated PEG purchased during that Year shall be adjusted to reflect that actual volume of Activated PEG purchased by SAVIENT, provided, however, if the actual amount purchased by SAVIENT is less than Forecasted due to [**], then the Price for the Activated PEG purchased by Savient shall be based on [**]. Upon adjustment, if necessary, either SAVIENT shall pay to NOF or NOF shall credit to SAVIENT, as applicable, the balance based on the said adjustment. Any amounts owing by SAVIENT to NOF pursuant to this provision shall be remitted within [**] days of the SAVIENT’s receipt of a reconciliation statement which sets forth in specific detail the amounts purchased by SAVIENT during the Year in question; any credits owing by NOF to SAVIENT shall be applied to [**]. Provided, however, that SAVIENT shall pay to NOF only such amount as corresponds with the amount of Activated PEG which is actually delivered to SAVIENT or SAVIENT’S designee pursuant to the terms of this Agreement.

  • TIPS Pricing Vendor agrees and understands that for each TIPS Contract that it holds, Vendor submitted, agreed to, and received TIPS’ approval for specific pricing, discounts, and other pricing terms and incentives which make up Vendor’s TIPS Pricing for that TIPS Contract (“TIPS Pricing”). Vendor confirms that Vendor will not add the TIPS Administration Fee as a charge or line-item in a TIPS Sale. Vendor hereby certifies that Vendor shall only offer goods and services through this TIPS Contract if those goods and services are included in or added to Vendor’s TIPS Pricing and approved by TIPS. TIPS reserves the right to review Vendor’s pricing update requests as specifically as line-item by line-item to determine compliance. However, Vendor contractually agrees that all submitted pricing updates shall be within the original terms of the Vendor’s TIPS Pricing (scope, proposed discounts, price increase limitations, and other pricing terms and incentives originally proposed by Vendor) such that TIPS may accept Vendors price increase requests as submitted without additional vetting at TIPS discretion. Any pricing quoted by Vendor to a TIPS Member or on a TIPS Quote shall never exceed Vendor’s TIPS Pricing for any good or service offered through TIPS. TIPS Pricing price increases and modifications, if permitted, will be honored according to the terms of the solicitation and Vendor’s proposal, incorporated herein by reference.

  • Price Increases This section applies to pricing not Benchmarked to GSA Supply Schedule. Additionally, where pricing submitted for Services is not benchmarked to an approved GSA Supply Schedule:

  • Usage Statistics The Distributor shall ensure that the Publisher will provide access to both composite system-wide use data and itemized data for the Licensee, the Participating Institutions, individual campuses and labs, on a monthly basis. The statistics shall meet or exceed the most recent project Counting Online Usage of NeTworked Electronic Resources ("COUNTER") Code of Practice Release,3 including but not limited to its provisions on customer confidentiality. When a release of a new COUNTER Code of Practice is issued, the Distributor shall ensure that the Publisher will comply with the implementation time frame specified by COUNTER to provide usage statistics in the new standard format. It is more than desirable that the Standardized Usage Statistics Harvesting Initiative (SUSHI) Protocol4 is available for the Licensee to harvest the statistics.

  • Statistics The Parties shall endeavour to promote, in accordance with existing statistical cooperation activities between the Union and ASEAN, the harmonisation of statistical methods and practices including the gathering and dissemination of statistics, thus enabling them to use, on a mutually acceptable basis, statistics on trade in goods and services, foreign direct investment and, more generally, on any other area covered by this Agreement which lends itself to statistical data collection, processing, analysis and dissemination.

  • GDPR SAP and Customer agree that it is each party’s responsibility to review and adopt requirements imposed on Controllers and Processors by the General Data Protection Regulation 2016/679 (“GDPR”), in particular with regards to Articles 28 and 32 to 36 of the GDPR, if and to the extent applicable to Personal Data of Customer/Controllers that is processed under the DPA. For illustration purposes, Appendix 3 lists the relevant GDPR requirements and the corresponding sections in this DPA.

  • Price Increase For purposes of this paragraph, “Contract Year” means a twelve

  • Statistical, Demographic or Market-Related Data All statistical, demographic or market-related data included in the Registration Statement, the Disclosure Package or the Prospectus are based on or derived from sources that the Company believes to be reliable and accurate and all such data included in the Registration Statement, the Disclosure Package or the Prospectus accurately reflects the materials upon which it is based or from which it was derived.

  • Arithmetical Errors 30.1 The tender sum as submitted and read out during the tender opening shall be absolute and final and shall not be the subject of correction, adjustment or amendment in any way by any person or entity. 30.2 Provided that the Tender is substantially responsive, the Procuring Entity shall handle errors on the following basis: a) Any error detected if considered a major deviation that affects the substance of the tender, shall lead to disqualification of the tender as non-responsive . b) Any errors in the submitted tender arising from a miscalculation of unit price, quantity, subtotal and total bid price shall be considered as a major deviation that affects the substance of the tender and shall lead to disqualification of the tender as non-responsive. and c) if there is a discrepancy between words and figures, the amount in words shall prevail. 30.3 Tenderers shall be notified of any error detected in their bid during the notification of a xxxx.