Common use of Price Structure Clause in Contracts

Price Structure. ‌ If, during the Contract Term, the Contractor is unable or unwilling to meet contractual requirements in whole or in part based on the price structure of the Contract, it shall immediately notify the Office of General Services, Procurement Services in writing. Such notification shall not relieve the Contractor of its responsibilities under the Contract. The State may, but is not required to, consider an equitable adjustment in the Contract terms and/or pricing in the circumstances outlined in Appendix B, Savings/Force Majeure. Should the Commissioner in his or her sole discretion determine during the Contract Term that (i) the Contract price structure is unworkable, detrimental, or injurious to the State, or (ii) the Contract price structure results in prices which are unreasonable, excessive, or not truly reflective of current market conditions, and no adjustment in the Contract terms and/or pricing is mutually agreeable, the State may terminate the Contract upon 10 business days written notice mailed to the Contractor. Should the OPIS posting locations used for diesel price adjustments/revisions become unworkable or unavailable, the Commissioner reserves the right to switch to the most appropriate index and/or location, and adjust the base price(s) accordingly. Please refer to the OPIS Posting Locations clause for additional factors.

Appears in 1 contract

Samples: Fuel Supply Agreement

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Price Structure. If, during the Contract Term, the Contractor is unable or unwilling to meet contractual requirements in whole or in part based on the price structure of the Contract, it shall immediately notify the Office of General Services, Procurement Services in writing. Such notification shall not relieve the Contractor of its responsibilities under the Contract. The State may, but is not required to, consider an equitable adjustment in the Contract terms and/or pricing in the circumstances outlined in Appendix B, Savings/Force Majeure. Should the Commissioner in his or her sole discretion determine during the Contract Term that (i) the Contract price structure is unworkable, detrimental, or injurious to the State, or (ii) the Contract price structure results in prices which are unreasonable, excessive, or not truly reflective of current market conditions, and no adjustment in the Contract terms and/or pricing is mutually agreeable, the State may terminate the Contract upon 10 business days written notice mailed to the Contractor. Should the OPIS posting locations used for diesel fuel price adjustments/revisions become unworkable or unavailable, the Commissioner reserves the right to switch to the most appropriate index and/or location, and adjust the base price(s) accordingly. Please refer to the clause 2.13, OPIS Posting Locations clause Pricing. for additional factors.

Appears in 1 contract

Samples: Gasoline and E 85 Agreement

Price Structure. If, during the Contract Term, the Contractor is unable or unwilling to meet contractual requirements in whole or in part based on the price structure of the Contract, it shall immediately notify the Office of General Services, Procurement Services in writing. Such notification shall not relieve the Contractor of its responsibilities under the Contract. The State may, but is not required to, consider an equitable adjustment in the Contract terms and/or pricing in the circumstances outlined in Appendix B, Savings/Force Majeure. Should the Commissioner in his or her sole discretion determine during the Contract Term that (i) the Contract price structure is unworkable, detrimental, or injurious to the State, or (ii) the Contract price structure results in prices which are unreasonable, excessive, or not truly reflective of current market conditions, and no adjustment in the Contract terms and/or pricing is mutually agreeable, the State may terminate the Contract upon 10 business days written notice mailed to the Contractor. Should the OPIS posting locations used for diesel price adjustments/revisions become unworkable or unavailable, the Commissioner reserves the right to switch to the most appropriate index and/or location, and adjust the base price(s) accordingly. Please refer to the clause 3.4, OPIS Posting Locations clause Posting. for additional factors.

Appears in 1 contract

Samples: Fuel Supply Agreement

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Price Structure. ‌ If, during the Contract Term, the Contractor is unable or unwilling to meet contractual requirements in whole or in part based on the price structure of the Contract, it shall immediately notify the Office of General Services, Procurement Services in writing. Such notification shall not relieve the Contractor of its responsibilities under the Contract. The State may, but is not required to, consider an equitable adjustment in the Contract terms and/or pricing in the circumstances outlined in Appendix B, Savings/Force Majeure. Should the Commissioner in his or her sole discretion determine during the Contract Term that (i) the Contract price structure is unworkable, detrimental, or injurious to the State, or (ii) the Contract price structure results in prices which are unreasonable, excessive, or not truly reflective of current market conditions, and no adjustment in the Contract terms and/or pricing is mutually agreeable, the State may terminate the Contract upon 10 business days written notice mailed to the Contractor. Should the OPIS posting locations used for diesel price adjustments/revisions become unworkable or unavailable, the Commissioner reserves the right to switch to the most appropriate index and/or location, and adjust the base price(s) accordingly. Please refer to the clause 6.4, OPIS Posting Locations clause for additional factors.

Appears in 1 contract

Samples: Agreement for Ultra Low Sulfur Diesel & Biodiesel Fuel

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