Common use of Competitive Terms Clause in Contracts

Competitive Terms. If the Authority is able to obtain from any Sub-Contractor or any other third party more favourable commercial terms with respect to the supply of any materials, equipment, software, goods or services used by the Supplier or the Supplier Personnel in the supply of the Services, then the Authority may: require the Supplier to replace its existing commercial terms with its Sub-Contractor with the more favourable commercial terms obtained by the Authority in respect of the relevant item; or subject to Clause 24.3 (Termination of Sub-Contracts), enter into a direct agreement with that Sub-Contractor or third party in respect of the relevant item. If the Authority exercises either option pursuant to Clause 24.4, then the Framework Prices shall be reduced by an amount that is agreed in accordance with Clause 18.1 (Variation Procedure). The Authority's right to enter into a direct agreement for the supply of the relevant items is subject to: the Authority shall make the relevant item available to the Supplier where this is necessary for the Supplier to provide the Services; and any reduction in the Framework Prices taking into account any unavoidable costs payable by the Supplier in respect of the substituted item, including in respect of any licence fees or early termination charges. Retention of Legal Obligations Notwithstanding the Supplier's right to sub-contract pursuant to this Clause 22, the Supplier shall remain responsible for all acts and omissions of its Sub-Contractors and the acts and omissions of those employed or engaged by the Sub-Contractors as if they were its own.

Competitive Terms. If the Authority is able to obtain from any Sub-Contractor or any other third party more favourable commercial terms with respect to the supply of any materials, equipment, software, goods or services used by the Supplier or the Supplier Personnel in the supply of the Goods and/or Services, then the Authority may: require the Supplier to replace its existing commercial terms with its Sub-Contractor with the more favourable commercial terms obtained by the Authority in respect of the relevant item; or subject to Clause 24.3 25.3 (Termination of Sub-Contracts), enter into a direct agreement with that Sub-Contractor or third party in respect of the relevant item. If the Authority exercises either option pursuant to Clause 24.425.4.1, then the Framework Prices shall be reduced by an amount that is agreed in accordance with Clause 18.1 19.1 (Variation Procedure). The Authority's right to enter into a direct agreement for the supply of the relevant items is subject to: the Authority shall make the relevant item available to the Supplier where this is necessary for the Supplier to provide the Goods and/or Services; and any reduction in the Framework Prices taking into account any unavoidable costs payable by the Supplier in respect of the substituted item, including in respect of any licence fees or early termination charges. Retention of Legal Obligations Notwithstanding the Supplier's right to sub-contract pursuant to this Clause 2225, the Supplier shall remain responsible for all acts and omissions of its Sub-Contractors and the acts and omissions of those employed or engaged by the Sub-Contractors as if they were its own.

Competitive Terms. If the Authority is able to obtain from any Sub-Contractor or any other third party more favourable commercial terms with respect to the supply of any materials, equipment, software, goods or services used by the Supplier or the Supplier Personnel in the supply of the Services, then the Authority may: require the Supplier to replace its existing commercial terms with its Sub-Contractor with the more favourable commercial terms obtained by the Authority in respect of the relevant item; or subject to Clause 24.3 4 (Termination of Sub-Contracts), enter into a direct agreement with that Sub-Contractor or third party in respect of the relevant item. If the Authority exercises either option pursuant to Clause 24.45, then the Framework Prices shall be reduced by an amount that is agreed in accordance with Clause 18.1 (Variation Procedure). The Authority's right to enter into a direct agreement for the supply of the relevant items is subject to: the Authority shall make the relevant item available to the Supplier where this is necessary for the Supplier to provide the Services; and any reduction in the Framework Prices taking into account any unavoidable costs payable by the Supplier in respect of the substituted item, including in respect of any licence fees or early termination charges. Retention of Legal Obligations Notwithstanding Notwithstandng the Supplier's right to sub-contract pursuant to this Clause 2224, the Supplier shall remain responsible for all acts and omissions of its Sub-Contractors and the acts and omissions of those employed or engaged by the Sub-Contractors as if they were its own.