Common use of EXCLUSIVITY CLAUSE Clause in Contracts

EXCLUSIVITY CLAUSE. 1. During an internal market emergency mode, the agreement governing the Commission’s procurement on behalf or in the name of one or more participating Member States or joint procurement between the Commission and one or more Member States shall, where appropriate, provide for an exclusivity clause, under which participating countries commit to not procuring the crisis-relevant goods or services in question through other channels and to not running parallel negotiation processes. Where such clause is provided for, it shall stipulate that the participating Member States are allowed to launch their own procurement procedure for acquisition of additional quantities of crisis-relevant goods or services that are subject to the ongoing joint procurement or procurement by the Commission on behalf of or in the name of the Member States in a manner that does not undermine the ongoing procurement, upon the agreement of the Commission, after consulting all other participating Member States. The request for agreement shall be addressed to the Commission who shall forward it to the other participating Member States for their observations. 2. The exclusivity clause shall apply to any new contracts, including specific contracts in framework contracts, that the contracting authorities or contracting entities of the participating Member States would consider concluding during the activation of the internal market emergency mode.