Competitiveness. 9.1 The parties recognize that a pre-requisite for a successful long term co-operation as envisaged by the parties, is that Supplier shall, at all times, supply the Products to WABCO at competitive prices and conditions, therefore Supplier represents and warrants that Supplier shall be able to and shall at all times supply the Products to WABCO on competitive terms and conditions. It is therefore agreed that should a third party offer similar products under comparable circumstances on more favourable terms and conditions than those provided by Supplier to WABCO under this Agreement, WABCO shall be entitled to notify Supplier, that it wishes to amend the terms and conditions of this Agreement to such an extent that said terms and conditions shall be as favourable as those offered by said third party under comparable circumstances. The terms and conditions referred to above shall include, but are not limited to: price, price discounts, rebates, marketing and promotional incentives, technology, and performance, weight, delivery times and availability, warranty, quality and service.
Competitiveness. If Flextronics fails to remain Competitive with its competitors with respect to the Services, then Nortel Networks may source such Service from another supplier. Notwithstanding the foregoing, Nortel Networks will not transfer the Service if Supplier becomes Competitive within forty-five (45) days from notification by Nortel Networks that Supplier has failed to remain Competitive, as defined below. For the purposes of this Section, “
Competitiveness. (a) If at any time during the term of an Agreement, a third party makes a competitive offer to sell Contract Products pursuant to one or more terms (including price, volume, quality or payment) that are more favorable to Customer than the terms then in effect under the Agreement (“Favorable Terms”), then Supplier will meet, or notify Customer that it will not meet, such Favorable Terms within fourteen
Competitiveness. If Flextronics fails to remain Competitive with its competitors with respect to the Repair Services, then Nortel Networks may source such Repair Service from another supplier. Notwithstanding the foregoing, Nortel Networks will not transfer the Repair Services if Flextronics becomes Competitive within forty-five (45) days from notification by Nortel Networks. For the purposes of this Section, “Competitive” means terms and conditions taken as a whole that are at least as favorable to Nortel Networks as any “bona fide benchmarking” exercise or bona fide quote from a third party considering price, product quality, lead times, local content, delivery, warranty, technical support, Inventory ownership, payment terms, assumption of overhead, logistics, and other criteria identified by Nortel Networks in writing to Flextronics. A “bona fide benchmarking exercise” shall be considered to be one performed by an independent recognized benchmarking firm which is (i) selected by Nortel Networks from those companies which are regularly engaged in the industry related to the Repair Services, (ii) is not a Competitor of Flextronics and (iii) which has executed a non-disclosure agreement reasonably satisfactory to Flextronics. All fees and charges paid to such benchmarking firm shall be borne by Nortel Networks, and such fees and charges shall not be contingent upon reaching a conclusion favorable to Nortel Networks. Each party shall have the opportunity to advise the benchmarking firm of any information or factors that it deems relevant to the conduct of the benchmarking, with the intention of providing an “apples to apples” comparison, so long as such information is disclosed to the other Party. The benchmarking firm shall provide the written reports and the core data resulting from the benchmarking to both Nortel Networks and Flextronics, including the factors actually used to perform the benchmarking, data on participants and confidence factors related to the accuracy of the data and the benchmarking methodology. Flextronics will be entitled to challenge the accuracy of the results of the benchmarking exercise pursuant to the Dispute Resolution process in Exhibit 10.
Competitiveness. Recognizing the Government's preference to enter into Cooperative Research and Development Agreements with businesses that will enhance U.S. competitiveness, as promulgated in 15 U.S.C. 3710a (c)(4), COLLABORATOR agrees that any products embodying inventions made under this Master Agreement or produced through the use of such inventions shall be manufactured substantially in the United States.
Competitiveness. 1. In determining the cost competitiveness of bargaining unit employees performing the work, bargaining unit employees shall always be entitled to the benefit of any bid preference that any potential contractor might be able to claim under the City's ordinances or other applicable laws or regulations, whether or not any entity actually attempting to secure the work in question actually is entitled to such preference.
Competitiveness. Both GECC and NMHG will use their best efforts to ensure that the Corporation offers products which are competitive within the U.S. market. The Company shall provide to Dealers and Customers (as the case may be) financing at the following rates:
Competitiveness. Supplier guarantees that the prices offered to COFICAB on the Supplies, as well as the commercial conditions of sale, are at all times, the best compared to those offered by the Supplier to its different clients. If COFICAB receives quotations with more competitive prices and terms (including but not limited to costs, price, technology, design and quality) compared to those offered by the Supplier, this latter will be invited to align its offer with the most competitive one, within a reasonable timeline as notified by COFICAB. In the event a discussion for revision of supply terms ends unsuccessfully, COFICAB may early terminate the Order under the conditions determined in these Purchase Terms and Conditions being able and free to acquire the Supplies from another Supplier without any liability.
Competitiveness. In its November 2011 report “Ireland’s Advanced Broadband Performance and Policy Priorities”11, Forfás advocates the provision of advanced broadband infrastructure for all towns with a population greater than 1,500. Forfás, Ireland’s policy advisory board for enterprise, trade, science, technology and innovation, has stated that advanced broadband services are crucial to achieve the productivity growth necessary to improve competitiveness, sustain high-level incomes and ensure Ireland captures new opportunities for entrepreneurship and jobs across all sectors. The effective use of ICT allows SMEs to compete more vigorously in global markets, for example by reducing costs and improving the quality of services to their customer base. While large corporations tend to be concentrated in large urban centres, which are better served, SMEs tend to be more dispersed, often located in smaller urban centres that do not have access to advanced broadband services. As a result, they are constrained by the limited availability of advanced services to exploit future growth opportunities, particularly in the aforementioned data-intensive internationally traded services sectors. Approximately 70 per cent of all development agency-assisted firms are based outside Dublin city and county. 9 xxxx://xxx.xxx.xx/wp-content/uploads/WDC-Connecting-the-West-Next-Gen-Broadband-2012-large.pdf 11 xxxx://xxx.xxxxxx.xx/publications/2011/title,8528,en.php
Competitiveness. Notwithstanding anything to the contrary, Sprint and the Company shall use commercially reasonable efforts to protect the Company's competitive advantage with respect to developments paid for solely by the Company for a period not to exceed nine (9) months from the date the Company receives use of such developments.
