Material Deviation Clause Samples
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Material Deviation. Seller may in its sole discretion pass through to Buyer any losses and/or costs incurred by Seller related to a deviation of +/-25% from Contract Quantity (or, as applicable, estimated Contract Quantities) stated in the applicable Transaction Confirmation (which is not caused by weather).
Material Deviation. A material deviation or reservation is one
(i) which affects in any substantial way the requirements of the RFP and performance of the Project; or
(ii) which is in substantially inconsistent with the requirements of the RFP;
(iii) which limits in any substantial way, TSRTC’s rights or the Bidder’s obligation under the Authorisation Agreement;
(iv) Whose rectification would affect unfairly the competitive provision of other bidders presenting substantially responsive Bids.
Material Deviation. There shall occur at any time, any material deviation in the facts, circumstances and information of the Borrower or any Guarantor from the facts, circumstances and information provided in the Application.
Material Deviation. The responder shall be presumed to be in agreement with these terms and conditions unless it takes specific exception to one or more of the conditions. Submission by the responder of its proposed language shall not be viewed as an exception unless the responder specifically states in the response that its proposed changes are intended to supersede the State's terms and conditions. RESPONDERS ARE CAUTIONED THAT BY TAKING ANY EXCEPTION THEY MAY BE MATERIALLY DEVIATING FROM THE REQUEST FOR BID. IF A RESPONDER MATERIALLY DEVIATES FROM THE GENERAL TERMS AND CONDITIONS, SPECIAL TERMS, CONDITIONS AND SPECIFICATIONS, ITS RESPONSE MAY BE REJECTED. A material deviation is an exception to the RFB General or Special Terms and Conditions, and specifications that:
a. Gives the responder taking the exception a competitive advantage over other responders, or
b. Gives the State something significantly different from that which the State requested.