Common use of SELLER AND SUBCONTRACTOR COST AND PRICING DATA PROVISIONS Clause in Contracts

SELLER AND SUBCONTRACTOR COST AND PRICING DATA PROVISIONS. a. SELLER AND SUBCONTRACTOR COST AND PRICING DATA 1) Before award of any Subcontract expected to exceed the threshold for submission of cost or pricing data at FAA AMS 3.2.2.3-27, when entered into, or before pricing any Subcontract modification involving a pricing adjustment expected to exceed the threshold for submission of cost or pricing data at FAA AMS 3.2.2.3-27, the Seller shall submit cost or pricing data (actually or by specific identification in writing), unless an exception applies. 2) The Seller shall certify that to the best of its knowledge and belief, the data submitted under paragraph 1) above were accurate, complete, and current as of the date of agreement on the negotiated price of the Subcontract or Subcontract modification. b. INDEMNITY FOR DEFECTIVE PRICING The Subcontractor shall indemnify Xxxxxx for any liability or other cost incurred including attorney’s fees which may arise under FAA AMS 3.2.2.3-25 and 3.2.2.3-27, hereby incorporated by reference, which results from or by reason of submittal of defective cost or pricing data to Xxxxxx by Seller. In the event that determination is made under Xxxxxx Contract with its customer that incomplete, not current, or inaccurate cost or pricing data was furnished by Seller and that as a consequence of such determination that Xxxxxx Contract Price is reduced, Xxxxxx shall in turn reduce Seller’s Purchase Order price by a corresponding amount (less Buyer’s fee) and submit written notification thereof to the Seller within fifteen (15) days of Xxxxxx receipt of notice from the Contracting Officer. In the event the Seller disagrees with the determination, and if the Seller (1) timely requests Xxxxxx to appeal from such determination under the “Disputes” clause of the Prime Contract, and (2) timely furnishes to Xxxxxx reasonable grounds for taking such appeal, then Xxxxxx agrees, to the extent the Prime Contract allows and at the Seller’s expense, to appeal from such determination in the Xxxxxx name and on Seller’s behalf pursuant to the “Disputes” clause of the Prime Contract. The decision rendered on any such appeal shall be final and binding as between the parties hereto. In the event that final payment had already been made on the Purchase Order in question, the Seller would be required to repay to Xxxxxx the amount of the adjustment within thirty (30) days after receipt of Notice of such adjustment by Xxxxxx. Failure to repay said amount within thirty (30) days shall subject Seller to payment of interest based on the then prevailing legal interest rate.

SELLER AND SUBCONTRACTOR COST AND PRICING DATA PROVISIONS. a. SELLER AND SUBCONTRACTOR COST AND PRICING DATA 1) Before award of any Subcontract expected to exceed the threshold for submission of cost or pricing data at FAA AMS 3.2.2.3-27, when entered into, or before pricing any Subcontract modification involving a pricing adjustment expected to exceed the threshold for submission of cost or pricing data at FAA AMS 3.2.2.3-27, the Seller shall submit cost or pricing data (actually or by specific identification in writing), unless an exception applies. 2) The Seller shall certify that that, to the best of its knowledge and belief, the data submitted under paragraph 1) above were accurate, complete, and current as of the date of agreement on the negotiated price of the Subcontract or Subcontract modification. b. INDEMNITY FOR DEFECTIVE PRICING The Subcontractor shall indemnify Xxxxxx L3Harris for any liability or other cost incurred including attorney’s fees which may arise under FAA AMS 3.2.2.3-25 and 25, and, 3.2.2.3-2727 , hereby incorporated by reference, which results from or by reason of submittal of defective cost or pricing data to Xxxxxx L3Harris by Seller. In the event that determination is made under Xxxxxx L3Harris Contract with its customer that incomplete, not current, or inaccurate cost or pricing data was furnished by Seller and that as a consequence of such determination that Xxxxxx L3Harris Contract Price is reduced, Xxxxxx L3Harris shall in turn reduce Seller’s Purchase Order price by a corresponding amount (less Buyer’s fee) and submit written notification thereof to the Seller within fifteen (15) days of Xxxxxx L3Harris receipt of notice from the Contracting Officer. In the event the Seller disagrees with the determination, and if the Seller (1) timely requests Xxxxxx L3Harris to appeal from such determination under the “Disputes” clause of the Prime Contract, and (2) timely furnishes to Xxxxxx L3Harris reasonable grounds for taking such appeal, then Xxxxxx L3Harris agrees, to the extent the Prime Contract allows and at the Seller’s expense, to appeal from such determination in the Xxxxxx L3Harris name and on Seller’s behalf pursuant to the “Disputes” clause of the Prime Contract. The decision rendered on any such appeal shall be final and binding as between the parties hereto. In the event that final payment had already been made on the Purchase Order in question, the Seller would be required to repay to Xxxxxx L3Harris the amount of the adjustment within thirty (30) days after receipt of Notice of such adjustment by XxxxxxL3Harris. Failure to repay said amount within thirty (30) days shall subject Seller to payment of interest based on the then prevailing legal interest rate.

SELLER AND SUBCONTRACTOR COST AND PRICING DATA PROVISIONS. a. SELLER AND SUBCONTRACTOR COST AND PRICING DATA 1) Before award of any Subcontract expected to exceed the threshold for submission of cost or pricing data at FAA AMS 3.2.2.3-27, when entered into, or before pricing any Subcontract modification involving a pricing adjustment expected to exceed the threshold for submission of cost or pricing data at FAA AMS 3.2.2.3-27, the Seller shall submit cost or pricing data (actually or by specific identification in writing), unless an exception applies. 2) The Seller shall certify that to the best of its knowledge and belief, the data submitted under paragraph 1) above were accurate, complete, and current as of the date of agreement on the negotiated price of the Subcontract or Subcontract modification. b. INDEMNITY FOR DEFECTIVE PRICING The Subcontractor shall indemnify Xxxxxx L3Harris for any liability or other cost incurred including attorney’s fees which may arise under FAA AMS 3.2.2.3-25 and 3.2.2.3-27, hereby incorporated by reference, which results from or by reason of submittal of defective cost or pricing data to Xxxxxx L3Harris by Seller. In the event that determination is made under Xxxxxx L3Harris Contract with its customer that incomplete, not current, or inaccurate cost or pricing data was furnished by Seller and that as a consequence of such determination that Xxxxxx L3Harris Contract Price is reduced, Xxxxxx L3Harris shall in turn reduce Seller’s Purchase Order price by a corresponding amount (less Buyer’s fee) and submit written notification thereof to the Seller within fifteen (15) days of Xxxxxx L3Harris receipt of notice from the Contracting Officer. In the event the Seller disagrees with the determination, and if the Seller (1) timely requests Xxxxxx L3Harris to appeal from such determination under the “Disputes” clause of the Prime Contract, and (2) timely furnishes to Xxxxxx L3Harris reasonable grounds for taking such appeal, then Xxxxxx L3Harris agrees, to the extent the Prime Contract allows and at the Seller’s expense, to appeal from such determination in the Xxxxxx L3Harris name and on Seller’s behalf pursuant to the “Disputes” clause of the Prime Contract. The decision rendered on any such appeal shall be final and binding as between the parties hereto. In the event that final payment had already been made on the Purchase Order in question, the Seller would be required to repay to Xxxxxx L3Harris the amount of the adjustment within thirty (30) days after receipt of Notice of such adjustment by XxxxxxL3Harris. Failure to repay said amount within thirty (30) days shall subject Seller to payment of interest based on the then prevailing legal interest rate.

SELLER AND SUBCONTRACTOR COST AND PRICING DATA PROVISIONS. a. SELLER AND SUBCONTRACTOR COST AND PRICING DATA 1) Before award of any Subcontract expected to exceed the threshold for submission of cost or pricing data at FAA AMS 3.2.2.3-27, when entered into, or before pricing any Subcontract modification involving a pricing adjustment expected to exceed the threshold for submission of cost or pricing data at FAA AMS 3.2.2.3-2728, the Seller shall submit cost or pricing data (actually or by specific identification in writing), unless an exception applies. 2) The Seller shall certify that that, to the best of its knowledge and belief, the data submitted under paragraph 1) above were accurate, complete, and current as of the date of agreement on the negotiated price of the Subcontract or Subcontract modification. b. INDEMNITY FOR DEFECTIVE PRICING The Subcontractor shall indemnify Xxxxxx for L3Harris from any liability or other cost costs incurred including attorney’s fees which may arise under FAA AMS 3.2.2.3-25 27 and 3.2.2.3-2728, hereby incorporated by reference, which results from or by reason of submittal of defective cost or pricing data to Xxxxxx L3Harris by Seller. In the event that determination is made under Xxxxxx L3Harris Contract with its customer that incomplete, not current, or inaccurate cost or pricing data was furnished by Seller and that as a consequence of such determination that Xxxxxx L3Harris Contract Price is reduced, Xxxxxx L3Harris shall in turn reduce Seller’s Purchase Order price by a corresponding amount (less Buyer’s fee) and submit written notification thereof to the Seller within fifteen (15) days of Xxxxxx L3Harris receipt of notice from the Contracting Officer. In the event the Seller disagrees with the determination, and if the Seller (1) timely requests Xxxxxx L3Harris to appeal from such determination under the “Disputes” clause of the Prime Contract, and (2) timely furnishes to Xxxxxx L3Harris reasonable grounds for taking such appeal, then Xxxxxx L3Harris agrees, to the extent the Prime Contract allows and at the Seller’s expense, to appeal from such determination in the Xxxxxx L3Harris name and on Seller’s behalf pursuant to the “Disputes” clause of the Prime Contract. The decision rendered on any such appeal shall be final and binding as between the parties hereto. In the event that final payment had already been made on the Purchase Order in question, the Seller would be required to repay to Xxxxxx L3Harris the amount of the adjustment within thirty (30) days after receipt of Notice of such adjustment by XxxxxxL3Harris. Failure to repay said amount within thirty (30) days shall subject Seller to payment of interest based on the then prevailing legal interest rate.

SELLER AND SUBCONTRACTOR COST AND PRICING DATA PROVISIONS. a. SELLER AND SUBCONTRACTOR COST AND PRICING DATA 1) Before award of any Subcontract expected to exceed the threshold for submission of cost or pricing data at FAA AMS 3.2.2.3-27, when entered into, or before pricing any Subcontract modification involving a pricing adjustment expected to exceed the threshold for submission of cost or pricing data at FAA AMS 3.2.2.3-27, the Seller shall submit cost or pricing data (actually or by specific identification in writing), unless an exception applies. 2) The Seller shall certify that that, to the best of its knowledge and belief, the data submitted under paragraph 1) above were accurate, complete, and current as of the date of agreement on the negotiated price of the Subcontract or Subcontract modification. b. INDEMNITY FOR DEFECTIVE PRICING The Subcontractor shall indemnify Xxxxxx for any liability or other cost incurred including attorney’s fees which may arise under FAA AMS 3.2.2.3-25 and 25, and, 3.2.2.3-2727 , hereby incorporated by reference, which results from or by reason of submittal of defective cost or pricing data to Xxxxxx by Seller. In the event that determination is made under Xxxxxx Contract with its customer that incomplete, not current, or inaccurate cost or pricing data was furnished by Seller and that as a consequence of such determination that Xxxxxx Contract Price is reduced, Xxxxxx shall in turn reduce Seller’s Purchase Order price by a corresponding amount (less Buyer’s fee) and submit written notification thereof to the Seller within fifteen (15) days of Xxxxxx receipt of notice from the Contracting Officer. In the event the Seller disagrees with the determination, and if the Seller (1) timely requests Xxxxxx to appeal from such determination under the “Disputes” clause of the Prime Contract, and (2) timely furnishes to Xxxxxx reasonable grounds for taking such appeal, then Xxxxxx agrees, to the extent the Prime Contract allows and at the Seller’s expense, to appeal from such determination in the Xxxxxx name and on Seller’s behalf pursuant to the “Disputes” clause of the Prime Contract. The decision rendered on any such appeal shall be final and binding as between the parties hereto. In the event that final payment had already been made on the Purchase Order in question, the Seller would be required to repay to Xxxxxx the amount of the adjustment within thirty (30) days after receipt of Notice of such adjustment by Xxxxxx. Failure to repay said amount within thirty (30) days shall subject Seller to payment of interest based on the then prevailing legal interest rate.