Remedial Plan concerning Profit Maximization Commitment Sample Clauses

Remedial Plan concerning Profit Maximization Commitment. If, after a good faith review of the Explanatory Report, the MTA continues to question, on reasonable grounds, the Concessionaire’s efforts regarding the Profit Maximization Commitment and resulting shortfalls, the MTA shall be entitled to request the Concessionaire to prepare a Remedial Plan regarding such efforts, and the Concessionaire shall complete such plan within the deadline the MTA reasonably sets (the “Section 26.2.5.2 Submission Deadline”). If the Concessionaire submits a responsive Remedial Plan within the Section 26.2.5.2 Submission Deadline, the MTA shall review the Remedial Plan in good faith and, if the Remedial Plan represents a commercially reasonable approach to increasing the Concessionaire’s efforts regarding its Profit Maximization Commitment, in light of the Partiesmutual interests, the extent of the Concessionaire’s then-current investment as compared to expectations, and other relevant circumstances as reasonably determined by the MTA, the MTA shall approve the Remedial Plan. If the MTA subsequently determines that the Concessionaire has failed to meet material milestones set out in the approved Remedial Plan, or otherwise does not perform in accordance with the approved Remedial Plan, this non-performance shall be deemed an Event of Default. Upon notice, the Concessionaire shall have ninety (90) additional days to cure this Event of Default, failing which the Event of Default shall be deemed an Uncured Event of Default, and the MTA shall be entitled to proceed under Section 26.4 (Termination for Uncured Event of Default).
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Related to Remedial Plan concerning Profit Maximization Commitment

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  • Long Term Cost Evaluation Criterion # 4. READ CAREFULLY and see in the RFP document under "Proposal Scoring and Evaluation". Points will be assigned to this criterion based on your answer to this Attribute. Points are awarded if you agree not i ncrease your catalog prices (as defined herein) more than X% annually over the previous year for years two and thr ee and potentially year four, unless an exigent circumstance exists in the marketplace and the excess price increase which exceeds X% annually is supported by documentation provided by you and your suppliers and shared with TIP S, if requested. If you agree NOT to increase prices more than 5%, except when justified by supporting documentati on, you are awarded 10 points; if 6% to 14%, except when justified by supporting documentation, you receive 1 to 9 points incrementally. Price increases 14% or greater, except when justified by supporting documentation, receive 0 points. increases will be 5% or less annually per question Required Confidentiality Claim Form This completed form is required by TIPS. By submitting a response to this solicitation you agree to download from th e “Attachments” section, complete according to the instructions on the form, then uploading the completed form, wit h any confidential attachments, if applicable, to the “Response Attachments” section titled “Confidentiality Form” in order to provide to TIPS the completed form titled, “CONFIDENTIALITY CLAIM FORM”. By completing this process, you provide us with the information we require to comply with the open record laws of the State of Texas as they ma y apply to your proposal submission. If you do not provide the form with your proposal, an award will not be made if your proposal is qualified for an award, until TIPS has an accurate, completed form from you. Read the form carefully before completing and if you have any questions, email Xxxx Xxxxxx at TIPS at xxxx.xxxxxx@t xxx-xxx.xxx If the vendor is awarded a contract with TIPS under this solicitation, the vendor agrees to make any Choice of Law c lauses in any contract or agreement entered into between the awarded vendor and with a TIPS member entity to re ad as follows: "Choice of law shall be the laws of the state where the customer resides" or words to that effect. Agreed In the event of litigation or use of any dispute resolution model when resolving disputes with a TIPS member entity a s a result of a transaction between the vendor and TIPS or the TIPS member entity, the Venue for any litigation or ot her agreed upon model shall be in the state and county where the customer resides unless otherwise agreed by the parties at the time the dispute resolution model is decided by the parties. Agreed

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