Common use of Contractor Commitments, Warranties and Representations Clause in Contracts

Contractor Commitments, Warranties and Representations. Any written commitment by Contractor within the scope of this Contract or any Work Order shall be binding upon Contractor. Failure of Contractor to fulfill such a commitment may constitute breach and shall render Contractor liable for damages under the terms of this Contract or any Work Order, as applicable. For purposes of this section, a commitment by Contractor includes: (i) Prices, discounts, and options committed to remain in force over a specified period of time; and (ii) any warranty or representation made by Contractor in its Response or contained in any Contractor or manufacturer publications, written materials, schedules, charts, diagrams, tables, descriptions, other written representations, and any other communication medium accompanying or referred to in its Response or used to effect the sale to DES or Purchaser. 17.1. Contractor shall use best efforts to ensure that personnel assigned to a Work Order are available until the completion of that Work Order. Any proposal by Contractor for changes, replacement, or substitution of Work Order personnel during the Term of the Work Order shall be submitted to the Purchaser Work Order Administrator in writing. The Purchaser Work Order Administrator shall have the sole discretion to accept or reject such proposal. 17.2. As a condition to accepting Contractor’s proposal for personnel changes, Purchaser may require Contractor to compensate Purchaser for any training and administrative costs incurred by Purchaser in association with such replacement. Such compensation will be in the form of a credit against Contractor’s monthly invoice charges to Purchaser by Contractor (a) not billing Purchaser for hours worked during the first ten