Common use of Procurement Process Clause in Contracts

Procurement Process. Subject to this Agreement, the specific terms of the Procurement and the Master Agreement, each Procurement is intended to identify a Supplier as the exclusive Supplier of Goods and/or Services for the term of the relevant Master Agreement for Purchasers who do not elect to terminate their participation in the Procurement pursuant to Section 9.6 (Termination Without Cause by a Purchaser). The option to extend for any of the Option Years, if applicable, will be at the sole discretion of the Purchasers, each of whom shall have the right to exercise the Option Years or not in accordance with the relevant Master Agreement and their Purchase Agreement with the Supplier (“Purchase Agreement”). Upon exercise of an Option Year by any Purchaser under section 4.11 (Option Years), the Supplier will be the exclusive Supplier of the Goods and/or Services to such Purchaser during the relevant Option Years in accordance with the terms of the relevant Master Agreement and Purchase Agreement. For the avoidance of doubt, if a Purchaser does not elect to exercise an Option Year in accordance with Section 4.11 (Option Years), the Purchaser shall no longer be considered a Purchaser or qualify for addition as an Eligible Purchaser for that particular Procurement.

Appears in 3 contracts

Sources: Multi Year Governance Agreement for Joint Transit Procurements, Multi Year Governance Agreement, Governance Agreement