COMPETITIVE CLAUSE Clause Samples

POPULAR SAMPLE Copied 51 times
COMPETITIVE CLAUSE. In the spirit set forth in the recitals of this Agreement, the parties recognize that continuing to be competitive in price, performance, delivery, reliability, quality and technology is essential for this long-term association to exist. If Buyer reasonably demonstrates to Seller that the particular Product part number is not a competitive value in price, performance, delivery, reliability, technology and quality with other equivalent products of equivalent values, production, usage or availability in the world, then Seller agrees to provide an action plan and timetable within sixty (60) days of such demonstration to cure the deficiency. If the plan fails to cure the deficiency within the agreed upon timetable, then Buyer may at its option withdraw the non-competitive Product(s) from this Agreement and serve notice to terminate the obligations of the parties under this Agreement with respect thereto, effective upon the date specified by Buyer in such notice. Buyer agrees that prior to exercising its option, it will consider, in good faith, any proposal by Seller to correct the deficiency.
View SourceView Similar (3)
COMPETITIVE CLAUSE. During the term of this Agreement, the Sales Representative shall not directly or indirectly handle, deal or become interested in the manufacture, marketing or selling of products which are similar in kind, character and/or use to PT products. The Sales Representative shall not directly or indirectly, provide any competitor of PT with PT product bulletins, special advices, PT products or other similar information and material which may be of competitive value.
View SourceView Similar (5)
COMPETITIVE CLAUSE. 1. During the duration of this employment contract, the employee shall not in any form (paid or unpaid) work for, any company which is directly or indirectly in competition or has business relations with the Company. The maximum extent to which the employee may become linked to or take an interest in a company which is directly or indirectly in competition or has business relations with the Company is one where the employee does not have any influence and does thus not risk any conflict of interest. 2. The same applies for the duration of 12 (twelve) months following the termination of the employment contract. This competition clause refers to the area of paper machine clothing. During the duration of the competition clause following the termination of the employment contract, the employee is entitled to a compensation in the amount of 50 % of his fixed monthly salary (excluding the management bonus MIC) paid during the last year of his employment with the Company. This compensation becomes due at the end of each month. Any income the employee gets from any other occupation during this period will be deducted from the compensation. 3. The Company is entitled to waive in writing and before the employment contract ends, the provisions of the competitive clause which applies to the time following the employment. In such case, the Company’s obligation to pay the employee the above compensation shall cease 3(three) months upon receipt of the waiver by the employee.
View SourceView Similar (2)
COMPETITIVE CLAUSE. Supplier will ensure that the goods or services will remain competitive in terms of price, technology, design and quality with any similar goods or services available to ArcelorMittal Tubular Products Canada G.P. If, in the reasonable opinion of ArcelorMittal Tubular Products Canada G.P., the goods or services do not remain competitive, ArcelorMittal Tubular Products Canada G.P., to the extent it is free to do so, will advise Supplier in writing of the area(s) in which another product or service from another source is more competitive with respect to price, technology, design or quality. If within 30 days, Supplier does not agree to sell the goods or services to ArcelorMittal Tubular Products Canada G.P. with comparable price, technology, design or quality, ArcelorMittal Tubular Products Canada G.P. may immediately terminate this Purchase Order and purchase the goods or services from another source without liability to Supplier.
View Source
COMPETITIVE CLAUSE. As set forth in this Agreement, the parties recognize that continuing to be competitive in, performance, delivery, reliability, quality and technology is essential for this long- term association to exist. If Deere reasonably demonstrates to Supplier that a particular Part number or Part product family is not a competitive value in performance, delivery, reliability, quality and technology with other equivalent parts of equivalent value, usage or availability in the world, then Supplier agrees to provide an action plan and timetable within [**] of such demonstration to cure the deficiency. If the plan fails to cure the deficiency within the agreed upon timetable, then Deere may consider the non-competitive Part number or family in default of this Agreement and serve notice to terminate the obligations of the parties under this Agreement with respect thereto, effective upon the date specified by Deere in such notice. Deere agrees that prior to exercising this option, it will consider, in good faith, any proposal by Supplier to correct the deficiency.
View Source
COMPETITIVE CLAUSE. If, for any reason, the Team Member or ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇ should decide to terminate this agreement, the following provisions shall prevail: (a) It is understood that all clients referred to the Team Member are, and always will be, ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇'▇ clients. The team member promises not to solicit these clients after he/she terminates this agreement for a period of 36 months. If for any reason, the Agent solicits any of ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇'▇ clients, a 50% referral fee will be paid to The Team on the close of any of these transactions. (b) It is further understood that any and all databases developed by ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇ or ▇▇▇▇▇▇▇▇▇▇ Real Estate, or any of their subsidiaries are the sole property of same, and any attempt to use these databases after termination would be considered a violation of copyright infringements under Federal Law.
View Source
COMPETITIVE CLAUSE. If the Customer during the period for this agreement receives an offer from another supplier, Supplier and Customer shall meet to discuss the position. If Supplier after discussion declines to offer new prices in level with those of the received offer, Customer may elect to purchase the quantity so offered and/or terminate this agreement.
View Source
COMPETITIVE CLAUSE. As set forth in this Agreement, the parties recognize that continuing to be competitive in delivery, reliability and quality is essential for this long-term association to exist. If Deere reasonably demonstrates to Supplier that a particular Part number or Part product family is not a competitive value in delivery, reliability and quality with other equivalent parts of equivalent value, usage or availability in the world, then Supplier agrees to provide an action plan and timetable within [**] of such demonstration to cure the deficiency. If the plan fails to cure the deficiency within the agreed upon timetable, then Deere may consider the non-competitive Part number or family in default of this Agreement and serve notice to terminate the obligations of the parties under this Agreement with respect thereto, effective upon the date specified by Deere in such notice. Deere agrees that prior to exercising this option, it will consider, in good faith, any proposal by Supplier to correct the deficiency.
View Source

Related to COMPETITIVE CLAUSE

  • Competitive Products Competitive Products" means products that serve the same function as, or that could be used to replace, products the Company provided to, offered to, or was in the process of developing for a present, former, or future possible customer/partner at any time during the twelve (12) months immediately preceding the last day of Participant's employment (or at any time during Participant's employment if Participant was employed for less than 12 months), with which Participant had direct responsibility for the sale or development of such products or managing those persons responsible for the sale or development of such products.

  • National Competitive Bidding Goods estimated to cost less than $250,000 equivalent per contract and works estimated to cost less than $500,000 equivalent per contract, may be procured under contracts awarded on the basis of National Competitive Bidding.

  • Competitive Bidding 3.5.2.1 Bidding Documents shall consist of bidding requirements and proposed Contract Documents.

  • International Competitive Bidding Except as otherwise provided in paragraph 2 below, goods and works shall be procured under contracts awarded on the basis of International Competitive Bidding.

  • Conditions Precedent to Each Competitive Bid Borrowing The obligation of each Lender that is to make a Competitive Bid Advance on the occasion of a Competitive Bid Borrowing to make such Competitive Bid Advance as part of such Competitive Bid Borrowing is subject to the conditions precedent that (a) the Agent shall have received the written confirmatory Notice of Competitive Bid Borrowing with respect thereto, (b) on or before the date of such Competitive Bid Borrowing, but prior to such Competitive Bid Borrowing, the Agent shall have received a Competitive Bid Note payable to the order of such Lender for each of the one or more Competitive Bid Advances to be made by such Lender as part of such Competitive Bid Borrowing, in a principal amount equal to the principal amount of the Competitive Bid Advance to be evidenced thereby and otherwise on such terms as were agreed to for such Competitive Bid Advance in accordance with Section 2.03, and (c) on the date of such Competitive Bid Borrowing the following statements shall be true (and each of the giving of the applicable Notice of Competitive Bid Borrowing and the acceptance by the Borrower of the proceeds of such Competitive Bid Borrowing shall constitute a representation and warranty by the Borrower that on the date of such Competitive Bid Borrowing such statements are true): (i) the representations and warranties contained in Section 4.01 (except the representations set forth in subsection (f) or (g)(i) thereof) are correct in all material respects on and as of the date of such Competitive Bid Borrowing, before and after giving effect to such Competitive Bid Borrowing and to the application of the proceeds therefrom, as though made on and as of such date; and (ii) no event has occurred and is continuing, or would result from such Competitive Bid Borrowing or from the application of the proceeds therefrom, that constitutes a Default.