Common use of Open Market Purchases Clause in Contracts

Open Market Purchases. Failure of the Contractor to Perform within the time specified in the Contract, or failure to replace rejected or substandard Goods or fulfill unperformed Services when so requested and as the Contract provides or allows, constitutes a breach of the Contract and as a remedy for such breach, such failure shall constitute authority for the CGA, if it deems it to be necessary or appropriate in its sole discretion, to Terminate the Contract and/or to purchase on the open market, Goods or Services to replace those which have been rejected, not delivered, or not Performed. The CGA shall invoice the Contractor for all such purchases to the extent that they exceed the costs and expenses in Attachment B and the Contractor shall pay the CGA’s invoice immediately after receiving the invoice. If the CGA does not Terminate the Contract, the CGA will deduct such open market purchases from the Contract quantities. However, if the CGA deems it to be in the best interest of the CGA, the CGA may accept and use the Goods and/or Services delivered which are substandard in quality, subject to an adjustment in price to be determined by the CGA.

Open Market Purchases. Failure of the Contractor to Perform within the time specified in the Contract, or failure to replace rejected or substandard Goods or fulfill unperformed Services when so requested and as the Contract provides or allows, constitutes a breach of the Contract and as a remedy for such breach, such failure shall constitute authority for the CGA, if it deems it to be necessary or appropriate in its sole discretion, to Terminate the Contract and/or to purchase on the open market, Goods or Services to replace those which have been rejected, not delivered, or not Performed. The CGA shall invoice the Contractor for all such purchases to the extent that they exceed theyexceed the costs and expenses in Attachment B and the Contractor shall pay the CGA’s invoice immediately after receiving the invoice. If the CGA does not Terminate the Contract, the CGA will deduct such open market purchases from the Contract quantities. However, if the CGA deems it to be in the best interest of the CGA, the CGA may accept and use the Goods and/or Services delivered which are substandard in quality, subject to an adjustment in price to be determined by the CGA.

Open Market Purchases. Failure of the Contractor to Perform within the time specified in the this Contract, or failure to replace rejected or substandard Goods or fulfill unperformed Services when so requested and as the this Contract provides or allows, constitutes a breach Breach of the this Contract and as a remedy for such breachBreach, such failure shall constitute authority for the CGAAgency, if it deems it to be necessary or appropriate in its sole discretion, to Terminate the this Contract and/or to purchase on the open market, Goods or Services to replace those which have been rejected, not delivered, or not Performed. The CGA Agency shall invoice the Contractor for all such purchases to the extent that they exceed the costs and expenses in Attachment B Exhibit B, Price Schedule and the Contractor shall pay the CGAAgency’s invoice immediately after receiving the invoice. If the CGA Agency does not Terminate the this Contract, the CGA Agency will deduct such open market purchases from the Contract this Contract's quantities. However, if the CGA Agency deems it to be in the best interest of the CGAState, the CGA Agency may accept and use the Goods and/or or Services delivered which are substandard in quality, subject to an adjustment in price to be determined by the CGAAgency.