Common use of Price Conformance Clause in Contracts

Price Conformance. At any time during the Term, City may survey or cause to be surveyed, prices being charged for goods or services offered by Concessionaire. City shall have the right to monitor and test all of Concessionaire’s goods and services prices by a shopping service or City personnel. If City concludes, based on the results of the survey, that any prices being charged by Concessionaire do not comply with the Value Pricing, City will require Concessionaire to adjust prices to the amounts permitted herein. Concessionaire will, within three (3) days of written notice from City, adjust any prices that City determines, in its sole discretion, to be inconsistent with the Value Pricing. Failure to rectify any pricing discrepancies within the aforementioned three (3) days shall constitute a material breach by Concessionaire of this Agreement and, in addition to the collection of liquidated damages, as set forth in Article VIII, and all other remedies available to City, City may, in its sole discretion, terminate this Agreement.

Appears in 1 contract

Sources: Concession Agreement

Price Conformance. At any time during the Term, City may survey or cause to be surveyed, prices being charged for goods or services offered by Concessionaire. City shall have the right to monitor and test all of Concessionaire’s goods and services prices by a shopping service or City personnel. If City concludes, based on the results of the survey, that any prices being charged by Concessionaire do not comply with the Value Pricing, ; City will require Concessionaire to adjust prices to the amounts permitted herein. Concessionaire will, within three (3) days of written notice from City, adjust any prices that City determines, in its sole discretion, to be inconsistent with the Value Pricing. Failure to rectify any pricing discrepancies within the aforementioned three (3) days shall constitute a material breach by Concessionaire of this Agreement and, in addition to the collection of liquidated damages, as set forth in Article VIII, and all other remedies available to City, City may, in its sole discretion, terminate this Agreement.Agreement.‌

Appears in 1 contract

Sources: Concession Agreement