Common use of Price Index Pricing Clause in Contracts

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.

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 3.9below. 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- 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.