Common use of Lowest Possible Price Clause in Contracts

Lowest Possible Price. OETC or an OETC Member shall pay the lower of the prices contained in the Attachment A, and any subsequent pricing updates. (i) pricing promotions offered to OETC Members as a group, (ii) General Price Reductions to Extreme's published MSRP Price List, or (iii) Per Member Transaction Multiple Unit Discounts (further clarified below) offered by Contractor or its Fulfillment Agents will be offered to OETC Members on the OETC Contract, upon request. As to subsection (iii), a pricing adjustment will be made only if such pricing adjustments are made for the same or similar purchases made by the OETC Member(s) requesting the price decrease. Same or similar purchases are those purchases where the sales volume, SKU, delivery terms, and other offered features are the same as the transaction to which the requesting OETC Member is referring (the "Same Transaction”). Pricing adjustments are made only under the then-current circumstances and will not apply to future upsells or transactions unless the future upsell or transaction is the Same Transaction. If Contractor or its Fulfillment Agents fails to provide a pricing adjustment as set forth above, offer a pricing promotion, General Pricing Reduction, or Per Transaction Multiple Unit Discount, or if pricing is found to not be the lowest possible price for Consortium Members as offered by Contractor and its Fulfillment Agents, this agreement may be immediately suspended, re-bid, or pricing adjusted to affirm this requirement. In all cases, pricing adjustments are only made prospectively, starting in the next billing period from which the pricing adjustment is approved. Pricing adjustments will, under no circumstances, be made retroactively. Except as set forth above, Extreme reserves the right to grant lower discounts on a case-by-case basis, subject to management approval, to respond to competitive bidding processes.

Lowest Possible Price. OETC or an OETC Member shall pay the lower of the prices contained in the Attachment A, and any subsequent pricing updates. (i) pricing promotions offered to OETC Members as a group, (ii) General Price Reductions to Extreme's ’s published MSRP Price List, or (iii) Per Member Transaction Multiple Unit Discounts (further clarified below) offered by Contractor or its Fulfillment Agents will be offered to OETC Members on the OETC Contract, upon request. As to subsection (iii), a pricing adjustment will be made only if such pricing adjustments are made for the same or similar purchases made by the OETC Member(s) requesting the price decrease. Same or similar purchases are those purchases where the sales volume, SKU, delivery terms, and other offered features are the same as the transaction to which the requesting OETC Member is referring (the "“Same Transaction”). Pricing adjustments are made only under the then-current circumstances and will not apply to future upsells or transactions unless the future upsell or transaction is the Same Transaction. If Contractor or its Fulfillment Agents fails to provide a pricing adjustment as set forth above, offer a pricing promotion, General Pricing Reduction, or Per Transaction Multiple Unit Discount, or if pricing is found to not be the lowest possible price for Consortium Members as offered by Contractor and its Fulfillment Agents, this agreement may be immediately suspended, re-bid, or pricing adjusted to affirm this requirement. In all cases, pricing adjustments are only made prospectively, starting in the next billing period from which the pricing adjustment is approved. Pricing adjustments will, under no circumstances, be made retroactively. Except as set forth above, Extreme reserves the right to grant lower discounts on a case-by-case basis, subject to management approval, to respond to competitive bidding processes.