Prices; Competitiveness Clause Samples

Prices; Competitiveness. 2.4.1 Until such time as QUALCOMM has been awarded contracts for $250 million of Products and associated Services pursuant to Section 2.1.1 with respect to Domestic Wireless Systems, QUALCOMM's Infrastructure Prices for Products and such associated Services to be deployed and performed, as applicable, in such Domestic Wireless Systems shall not be higher than one hundred ten percent (110%) of the Lowest Competing Infrastructure Bid, otherwise there shall be no obligation to award the subject procurement to QUALCOMM. QUALCOMM's Infrastructure Prices in all other circumstances (for example, if the subject Wireless System is not a Domestic Wireless System) shall not be higher than the Lowest Competing Infrastructure Bid, otherwise Leap can award QUALCOMM's share of that subject procurement to the Person submitting the Lowest Competing Infrastructure Bid and there shall be no obligation to award the subject procurement to QUALCOMM. 2.4.2 Leap shall use commercially reasonable efforts to ensure that any determination of QUALCOMM's Infrastructure Prices versus the Lowest Competing Infrastructure Bid is based on an "apples-to-apples" comparison (taking into consideration not only the pricing of Products and Services, but the pricing for any vendor financing provided under Section 2.5 and the terms and conditions of any other material consideration proposed to be given or received by any competing bidder, including each of the Competitive Factors). Leap has performed extensive due diligence concerning the existing and planned features, functionality and performance of QUALCOMM's Products and shall issue, or cause to be issued, a RFP-Infrastructure(s) that provides for a pricing comparison with competing bids on a fair and reasonable basis. Leap (and every other subject Person) shall issue each RFP-Infrastructure such that the specifications contained therein are not biased against QUALCOMM or biased in favor of other Persons that are competitors of QUALCOMM; provided, however, nothing in this sentence shall otherwise restrict Leap (and every other subject Person) from issuing an RFP-Infrastructure that contains a prescribed feature or specification (which the Products do not have or provide) that is reasonably necessary for the commercial viability of the subject Wireless System, so long as QUALCOMM is given a reasonable opportunity to provide a reasonably equivalent alternative solution or work-around for such desired feature or specification. The "apples-to-appl...