Common use of Competitiveness Clause in Contracts

Competitiveness. If Rieter has received an offer from another supplier who is able to supply goods that are compatible with Goods and which are of similar or better quality than the Goods or show similar or better functionality than the Goods, and in addition are at ▇▇▇▇▇▇’s sole discretion more favorable for ▇▇▇▇▇▇ regarding price or other commercial terms than the Goods, Rieter shall inform Supplier about any such offer without disclosing the identity of the supplier. Rieter shall describe the commercial details of the offer to Supplier and Supplier shall establish an action plan to match the offer of the other supplier within 15 calendar days from receipt of Rieter's request. Such action plan shall also demonstrate the cost effectiveness of each individual measure. Rieter shall review the action plan and propose improvements, if any. If ▇▇▇▇▇▇ is of the view that Supplier's action plan will not result in a match of the commercial conditions of the other supplier within a reasonable time, Rieter may terminate the Agreement in accordance with the GTC. If the Parties agree on the action plan, they shall establish an implementation plan. The time for implementation shall not exceed 6 months from the Parties’ agreement on the action plan. If Supplier does not comply with the implementation plan Rieter may terminate the Agreement in whole or in part in accordance with the GTC.

Competitiveness. If Rieter SSM has received an offer from another supplier who is able to supply goods that are compatible with Goods and which are of similar or better quality than the Goods or show similar or better functionality than the Goods, and in addition are at ▇▇▇▇▇▇SSM’s sole discretion more favorable for ▇▇▇▇▇▇ SSM regarding price or other commercial terms than the Goods, Rieter SSM shall inform Supplier about any such offer without disclosing the identity of the supplier. Rieter SSM shall describe the commercial details of the offer to Supplier and Supplier shall establish an action plan to match the offer of the other supplier within 15 calendar days from receipt of RieterSSM's request. Such action plan shall also demonstrate the cost effectiveness of each individual measure. Rieter SSM shall review the action plan and propose improvements, if any. If ▇▇▇▇▇▇ SSM is of the view that Supplier's action plan will not result in a match of the commercial conditions of the other supplier within a reasonable time, Rieter SSM may terminate the Agreement in accordance with the GTC. If the Parties agree on the action plan, they shall establish an implementation plan. The time for implementation shall not exceed 6 months from the Parties’ agreement on the action plan. If Supplier does not comply with the implementation plan Rieter SSM may terminate the Agreement in whole or in part in accordance with the GTC.

Competitiveness. If Rieter ▇▇▇▇ has received an offer from another supplier who is able to supply goods that are compatible with Goods and which are of similar or better quality than the Goods or show similar or better functionality than the Goods, and in addition are at ▇▇▇▇▇▇’s ’▇ sole discretion more favorable for ▇▇▇▇▇▇ regarding price or other commercial terms than the Goods, Rieter ▇▇▇▇ shall inform Supplier about any such offer without disclosing the identity of the supplier. Rieter ▇▇▇▇ shall describe the commercial details of the offer to Supplier and Supplier shall establish an action plan to match the offer of the other supplier within 15 calendar days from receipt of Rieter's ▇▇▇▇'▇ request. Such action plan shall also demonstrate the cost effectiveness of each individual measure. Rieter ▇▇▇▇ shall review the action plan and propose improvements, if any. If ▇▇▇▇▇▇ is of the view that Supplier's action plan will not result in a match of the commercial conditions of the other supplier within a reasonable time, Rieter ▇▇▇▇ may terminate the Agreement in accordance with the GTC. If the Parties agree on the action plan, they shall establish an implementation plan. The time for implementation shall not exceed 6 months from the Parties’ agreement on the action plan. If Supplier does not comply with the implementation plan Rieter ▇▇▇▇ may terminate the Agreement in whole or in part in accordance with the GTC.

Competitiveness. 15.1. If Rieter has received an offer from another supplier who is able to supply goods that are compatible with Goods and which are of similar or better quality than the Goods or show similar or better functionality than the Goods, and in addition are at ▇▇▇▇▇▇’s sole discretion more favorable for ▇▇▇▇▇▇ regarding price or other commercial terms than the Goods, Rieter shall inform Supplier about any such offer without disclosing the identity of the supplier. Rieter shall describe the commercial details of the offer to Supplier and Supplier shall establish an action plan to match the offer of the other supplier within 15 calendar days from receipt of Rieter's request. Such action plan shall also demonstrate the cost effectiveness of each individual measure. Rieter shall review the action plan and propose improvements, if any. If ▇▇▇▇▇▇ is of the view that Supplier's action plan will not result in a match of the commercial conditions of the other supplier within a reasonable time, Rieter may terminate the Agreement in accordance with the GTC. If the Parties agree on the action plan, they shall establish an implementation plan. The time for implementation shall not exceed 6 months from the Parties’ agreement on the action plan. If Supplier does not comply with the implementation plan Rieter may terminate the Agreement in whole or in part in accordance with the GTC.