Reasonableness of Price Sample Clauses

Reasonableness of Price. The Contractor demonstrated that all the New York maximum not to exceed rates are reasonable. In accordance with Appendix B, section 17, Pricing, Contractor shall notify OGS when it provides pricing for its consulting services upon the same or similar terms and conditions as that of this Contract at a lower price to a federal, state or local governmental entity.
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Reasonableness of Price. An Authorized User will be required to demonstrate reasonableness of price for each project as part of the evaluation prior to the execution of an Authorized User Agreement. The OGS Centralized Contract includes a NYS Contract pricelist, which was assessed to determine that the “Not-to-Exceed” hourly rates offered to New York State are at or below the Not-To-Exceed hourly rates offered to other Government customers. The Contractor acknowledges that any mini-bid under this Centralized Contract which includes pricing in excess of the maximum Not-To-Exceed hourly rate shall be rejected by the Authorized User. In accordance with Appendix B, section 32, Purchase Orders, OGS encourages an Authorized User to negotiate for better pricing than is listed on the Price list, as the total hourly rates established by OGS Centralized Contracts are Not-to-Exceed total hourly rates. An Authorized User must follow the internal procurement guidelines of their organization and obtain all required control agency approvals when purchasing from OGS Centralized Contracts.
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Reasonableness of Price. Contractor must demonstrate to OGS’ satisfaction that the NYS Net Price offered in Attachment 5 – Price List Modifications for each Product offered in a Contract Price List modification request is equal to or better than pricing offered to other Government Entities. OGS reserves the right to conduct additional research and request additional information to verify the information provided and/or assess the reasonableness of pricing. If verification shows that pricing is incorrect, a Product may not be offered on Contract. If reasonableness of pricing is not demonstrated to OGS’s satisfaction, Products may not be offered on Contract. Contractor must provide documentation of reasonableness of price for each Product offered in a Contract Price List modification request, as indicated below and in Attachment 5 – Price List Modifications. Any Products offered which do not have corresponding documentation will not be considered. Acceptable documentation of reasonableness of price includes any of the following: NYS Contract: • Contract must have been approved and executed (submit entire agreement) • NYS contract price list must be the most currently approved or the price list in effect at contract expiration • NYS Contract price list must be included with all Contract Price List modification requests Federal Contract: • Contract must have been approved and executed (submit entire agreement) • Federal contract price list must be the most currently approved or the price list in effect at contract expiration • Federal contract price list must be included with all Contract Price List modification requests Other US Government Entity Contract (state, local, county, etc.) • Contract must have been approved and executed (submit entire agreement) • Other US government entity contract price list must be the most currently approved or the price list in effect at contract expiration • Other US government entity contract price list must be included with all Contract Price List modification requests Paid invoices from US Government Entities: • Paid invoices of Products from the same Lot(s) offered under Contract • Sufficient information must be included on the invoice to identify the qualifying Lot Product(s) including the following: o US Government Entity o Description of Qualifying Lot Product(s) o Manufacturer Part Number (SKU) o Net price of each qualifying item • All paid invoices must be included with all Contract Price List modification requests
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Reasonableness of Price. The Contractor demonstrated that all the New York maximum not to exceed rates are reasonable. In accordance with Appendix B, section 17, Pricing, Contractor shall notify OGS when it provides pricing for its consulting services upon the same or similar terms and conditions as that of this Contract at a lower price to a federal, state or local governmental entity. New York State Vendor Responsibility The Contractor shall at all times during the Contract term remain responsible. The Contractor agrees, if requested by the Commissioner of OGS or her designee, to present evidence of its continuing legal authority to do business in New York State, integrity, experience, ability, prior performance, and organizational and financial capacity. The Commissioner of OGS or his or her designee, in his or her sole discretion, reserves the right to suspend any or all activities under this Contract, at any time, when he or she discovers information that calls into question the responsibility of the Contractor. In the event of such suspension, the Contractor will be given written notice outlining the particulars of such suspension. Upon issuance of such notice, the Contractor must comply with the terms of the suspension order. Contract activity may resume at such time as the Commissioner of OGS or his or her designee issues a written notice authorizing a resumption of performance under the Contract. The Contractor agrees that if it is found by the State that the Contractor’s responses to the Questionnaire were intentionally false or intentionally incomplete, on such finding, the Commissioner may terminate the Contract. Upon written notice to the Contractor, and a reasonable opportunity to be heard with appropriate OGS officials or staff, the Contract may be terminated by the Commissioner of OGS or his or her designee at the Contractor’s expense where the Contractor is determined by the Commissioner of OGS or his or her designee to be non-responsible. In such event, the Commissioner of OGS or his or her designee may complete the contractual requirements in any manner he or she may deem advisable and pursue available legal or equitable remedies for breach. In no case shall such termination of the Contract by the State be deemed a breach thereof, nor shall the State be liable for any damages for lost profits or otherwise, which may be sustained by the Contractor as a result of such termination.
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Reasonableness of Price. An Authorized User will be required to demonstrate reasonableness of price for each project as part of the evaluation prior to the execution of a Power Purchase Agreement. The Centralized Contract includes “Not-to-Exceed” rates which were evaluated during the Centralized Contract award phase. The Contractor acknowledges that rates proposed in response to any Mini-Bid RFP may not exceed the maximum Not-To-Exceed rates of the Centralized Contract, and that any response to a Mini-Bid RFP which includes rates exceeding the applicable maximum Not-To-Exceed rate of the Centralized Contract shall be rejected by the Authorized User. Authorized Users are encouraged to negotiate for better pricing than is listed in the Centralized Contract, as the rates established in the Centralized Contracts are Not-to-Exceed rates only. An Authorized User must follow all internal procurement guidelines of their organization and obtain all required control agency approvals when purchasing from Centralized Contracts. Mini-Bid Procurement Rights‌ The following New York State Procurement Rights identified in the Solicitation are also applicable to and reserved by the Authorized User when conducting a Mini-Bid RFP: New York State or other Authorized User reserves the right to:
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Reasonableness of Price a. Examples of acceptable sources to prove Reasonableness of Price (ROP) may include but are not limited to:
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Reasonableness of Price. ‌ Pricing must not include industrial funding fees (IFF) or other contract administration or use fees. Where Procurement Services determines a Contractor has included the IFF or other contract administration or use fees in its pricing, Procurement Services will either require the Contractor to reduce the particular pricing to reflect removing the fees, or remove the item from Contractor’s Pricelist or Contract Modification Request. Final determination for whether pricing complies with this requirement resides solely with Procurement Services.
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Reasonableness of Price. Pricing offered as part of a price list modification request will be reviewed by OGS to assess reasonableness of price. Contractors are encouraged to offer their best possible pricing. Contractors shall submit one or more forms of reasonableness of price set forth in the Acceptable Reasonableness of Pricing Documentation section below to ensure that the prices offered to the State are reasonable and commensurate with similar purchasers. Contractors should carefully read Appendix C, Contract Modification Procedure to be sure that all information requested therein is provided and that proposed pricing is equal to or less than the pricing found on the reasonableness of price documentation. To determine reasonableness of price for a Product, OGS will compare the price of the Part/Stock Number proposed with the price of the same Part/Stock Number (handwritten or otherwise) found on one of the acceptable reasonableness of price documents listed in Section 2.9.4.1 below. The price of the Part/Stock Number proposed must be equal to or less than the price of the same Part/Stock Number (handwritten or otherwise) as found on the reasonableness of price documentation. Any Part/Stock Number not meeting reasonableness of price may be removed from Contractor’s price list modification request. OGS reserves the right to conduct additional research and request additional information to assess the reasonableness of price. Additionally, OGS reserves the right to require the Contractor to lower its offered pricing to that which OGS has determined to be reasonable in price and to remove items from Contractor’s Contract modification for which pricing is determined not to be reasonable. All required information contained in reasonableness of price documentation should be free of restrictions on confidentiality or claims of confidentiality. OGS will not enter into a Non-Disclosure Agreement (NDA) for Contractor who asserts that information contained in Contractor’s reasonableness of price documentation is confidential. If reasonableness of pricing is not demonstrated to OGS’s satisfaction, OGS may not approve the Contractor’s price list modification request.
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Related to Reasonableness of Price

  • Reasonableness of Covenants In signing this Agreement, including by electronic means, Executive gives the Company assurance that Executive has carefully read and considered all of the terms and conditions of this Agreement, including the restraints imposed by it. Executive agrees that these restraints are necessary for the reasonable and proper protection of the Company and its Confidential Information and that each and every one of the restraints is reasonable in respect to subject matter, length of time and geographic area, and that these restraints, individually or in the aggregate, will not prevent Executive from obtaining other suitable employment during the period in which Executive is bound by the restraints. Executive acknowledges that each of these covenants has a unique, very substantial and immeasurable value to the Company and that Executive has sufficient assets and skills to provide a livelihood while such covenants remain in force. Executive further covenants that Executive will not challenge the reasonableness or enforceability of any of the covenants set forth in this Agreement, and that Executive will reimburse the Company for all costs (including reasonable attorneys' fees) incurred in connection with any action to enforce any of the provisions of this Agreement if either the Company prevails on any material issue involved in such dispute or if Executive challenges the reasonableness or enforceability of any of the provisions of this Agreement. It is also agreed that the "Company" as used in this Agreement refers to each of the Company's Subsidiaries and Affiliates and that each of the Company's s Subsidiaries and Affiliates will have the right to enforce all of Executive's obligations to that Subsidiary or Affiliate under this Agreement, as applicable, subject to any limitation or restriction on such rights of the Subsidiary or Affiliate under applicable law.

  • Reasonableness of Restrictions 7.1 I agree that I have read this entire Agreement and understand it. I agree that this Agreement does not prevent me from earning a living or pursuing my career. I agree that the restrictions contained in this Agreement are reasonable, proper, and necessitated by Company’s legitimate business interests. I represent and agree that I am entering into this Agreement freely and with knowledge of its contents with the intent to be bound by the Agreement and the restrictions contained in it.

  • Reasonableness In the event that the provisions of this Section 10 shall ever be deemed to exceed the time, scope or geographic limitations permitted by applicable laws, then such provisions shall be reformed to the maximum time, scope or geographic limitations, as the case may be, permitted by applicable laws.

  • Reasonableness of Restrictive Covenants Executive acknowledges that the covenants contained in the preceding subsections of this Section 8 are reasonable in the scope of the activities restricted, the geographic area covered by the restrictions, and the duration of the restrictions, and that such covenants are reasonably necessary to protect the Company's legitimate interests in its Confidential Information and in its relationships with its employees, customers and suppliers. Executive further acknowledges such covenants are essential elements of this Agreement and that, but for such covenants, the Company would not have entered into this Agreement.

  • COMPLETENESS OF AGREEMENT This Agreement constitutes the entire understanding of the parties. There are no representations or promises other than those expressly included in this Agreement. Each party hereby states under oath that the financial representations in this Agreement are accurate and complete, to the best of that party’s information, knowledge and belief.

  • Regulation AB Compliance; Intent of Parties; Reasonableness The parties hereto acknowledge that interpretations of the requirements of Regulation AB may change over time, whether due to interpretive guidance provided by the Commission or its staff, consensus among participants in the asset-backed securities markets, advice of counsel, or otherwise, and agree to comply with requests made by the Depositor or the Master Servicer in good faith for delivery of information under these provisions on the basis of evolving interpretations of Regulation AB. In connection with the Trust, the Servicer shall cooperate fully with the Master Servicer and the Depositor to deliver to the Master Servicer and/or the Depositor (including its assignees or designees), any and all statements, reports, certifications, records and any other information available to such party and reasonably necessary in the good faith determination of the Depositor or the Master Servicer to permit the Depositor to comply with the provisions of Regulation AB, together with such disclosures relating to the Servicer reasonably believed by the Depositor or the Master Servicer to be necessary in order to effect such compliance.

  • Applicability of this Agreement This Agreement shall apply to investments made in the territory of one of the Contracting Parties in accordance with its laws and regulations by investors of the other Contracting Party prior to as well as after the entry into force of this Agreement, but shall not apply to any dispute or claim concerning an investment which arose, or which was settled before its entry into force.

  • Use of Proceeds; Margin Stock The proceeds of the Borrowings hereunder will be used solely for the purposes specified in Section 7.9. None of such proceeds will be used (a)(i) for the purpose of purchasing or carrying any Margin Stock or (ii) for the purpose of reducing or retiring any Indebtedness which was originally incurred to purchase or carry Margin Stock, or (iii) for any other purpose that might constitute this transaction a “purpose credit” within the meaning of Regulation U or (b) for the acquisition of another Person unless the board of directors (or other comparable governing body) or stockholders, as appropriate, of such Person has approved such acquisition.

  • Conditions to Effectiveness of this Agreement The effectiveness of this Agreement is subject to the satisfaction of the following conditions precedent:

  • Effectiveness of this Agreement This Agreement shall become effective upon the execution and delivery hereof by the parties hereto.

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