Common use of Service Provider Agreements Clause in Contracts

Service Provider Agreements. Service Provider may use, with DIR's prior approval, agreements between Service Provider and third party vendors if permitted by such agreements to procure products and services on DIR's or a DIR Customer's behalf. Service Provider's use of such agreements shall be conditioned on and subject to the following: (A) DIR approving in advance the terms, conditions and pricing of such agreements and any financial or other commitments made therein by or on behalf of DIR or the DIR Customers; (B) Service Provider complying with the terms and conditions of such agreements and accepting responsibility for meeting any minimum volumes; (C) where permitted by such agreements and consistent with DIR's approval, Service Provider passing through to DIR any refunds, credits, discounts or other rebates to the extent such amounts are directly allocable to DIR; (D) Service Provider retaining responsibility for curing any breaches of such agreements and indemnifying, under and in accordance with Section 17.3, DIR and the DIR Customers for any Losses in connection with such breaches; (E) such agreements offering more favorable pricing and equivalent or better terms and conditions for the requested product or service than the master agreements between DIR and third party vendors; (F) giving DIR and the DIR Customers price quotations and other benefits consistent with Service Provider's favorable third party vendor arrangements where permitted by such vendors; and (G) to the extent reasonably practicable, using the aggregate volume of Service Provider's procurements on behalf of itself, DIR, the DIR Customers and other customers to obtain more favorable pricing and equivalent or better terms and conditions for the requested product or service.

Service Provider Agreements. Service Provider may use, with DIRTxDOT's prior approval, agreements between Service Provider and third party vendors if permitted by such agreements to procure products and services on DIR's or a DIR CustomerTxDOT's behalf. Service Provider's use of such agreements shall be conditioned on and subject to the following: (A) DIR TxDOT approving in advance the terms, conditions and pricing of such agreements and any financial or other commitments made therein by or on behalf of DIR or the DIR CustomersTxDOT; (B) Service Provider complying with the terms and conditions of such agreements and accepting responsibility for meeting any minimum volumes; (C) where permitted by such agreements and consistent with DIRTxDOT's approval, Service Provider passing through to DIR TxDOT any refunds, credits, discounts or other rebates to the extent such amounts are directly allocable to DIRTxDOT; (D) Service Provider retaining responsibility for curing any breaches of such agreements and indemnifying, under and in accordance with Section 17.3, DIR and the DIR Customers TxDOT for any Losses in connection with such breaches; (E) such agreements offering more favorable pricing and equivalent or better terms and conditions for the requested product or service than the master agreements between DIR TxDOT and third party vendors; (F) giving DIR and the DIR Customers TxDOT price quotations and other benefits consistent with Service Provider's favorable third party vendor arrangements where permitted by such vendors; and (G) to the extent reasonably practicable, using the aggregate volume of Service Provider's procurements on behalf of itself, DIR, the DIR Customers itself and other customers TxDOT to obtain more favorable pricing and equivalent or better terms and conditions for the requested product or service.