Common use of Scope of DPS Agreement Clause in Contracts

Scope of DPS Agreement. 5.1 Without prejudice to Clause 37 (Third Party Rights), this DPS Agreement governs the relationship between the Administering Authority and the Provider in respect of the satisfaction of any Contracting Authority Requirement by the Provider. 5.2 The Provider acknowledges and agrees that: 5.2.1 there is no obligation whatsoever on the Administering Authority or on any Contracting Authority to invite or select the Provider to provide any Contract Services and/or Contract Supplies (as the case may be) and Funding under this DPS Agreement; 5.2.2 in entering into this DPS Agreement no form of exclusivity has been conferred on the Provider nor volume or value guarantee granted by the Administering Authority and/or any Contracting Authority in relation to the provision of any Contracting Authority Requirements by the Provider; 5.2.3 the Administering Authority and Contracting Authorities are at all times entitled to enter into other contracts and agreements with other providers of funding or services which are the same as or similar to the Contract Services and/or Contract Supplies (as the case may be) and Funding; and 5.2.4 it shall not (and shall procure that its employees, agents and subcontractors shall not) advise, reward, cause or induce a Contracting Authority to procure the delivery of Contract Services and/or Contract Supplies (as the case may be) and Funding otherwise than through the Purchasing System and in the event that the Provider breaches its obligations under this Clause 5.2.4 (Scope of DPS Agreement), then (without prejudice to any other rights and remedies provided for in this DPS Agreement) the Administering Authority shall be entitled to terminate this DPS Agreement for material Default. 5.3 This DPS Agreement shall only apply to Contracting Authorities and heat network projects in England and Wales. 5.4 This DPS Agreement, any Call for Competition Tender Pack issued pursuant to the Call for Competition Procedure or any Contract shall only apply in respect of the provision of Contract Services and/or Contract Supplies (as the case may be) and Funding. A Contracting Authority may not use the Purchasing System to procure the delivery of Contract Services and/or Contract Supplies (as the case may be) only.