Supplied. Only the purchasing models and discounts agreed under this Framework may be offered by the Provider to Purchasing Authorities or Beneficiaries. The only sums payable by the Purchasing Authority or any Beneficiary to the Provider for the provision of the Deliverable(s) shall be the Agreement Price. All other costs, charges, fees and expenses of whatever kind arising out of or in connection with the Agreement shall be the responsibility of the Provider. [Subject to clause 10 the Agreement Price is fixed and shall not be subject to any increase whatsoever by the Provider during the Term.] OR [Subject to clause 10, in the case of Agent supply where the Publisher has not released to the Agent the fixed price for the following year, ▇▇▇▇▇ THREE shall show the estimated price and the date the final fixed price shall be released by the Publisher. The Purchasing Authority and the Agent shall ensure that Annex THREE is amended under clause 30, Agreement or Specification Change or Variation, no later than 10 days after the Publisher has released the fixed price, to show the final Agreement Price.] [Guidance Note for Purchasers: If you are purchasing from an Agent, clause 10.4 should be deleted and replaced with “NOT USED”. Brackets in section 10.5 should be deleted in final document version] The Agreement Price includes payment in full for all facilities and resources required by the Provider to provide the Deliverable(s) in accordance with the Agreement. Any facilities or resources needed or used by the Provider to perform the Deliverable(s) shall be provided by the Provider without additional cost to the Purchasing Authority or any Beneficiary. In accordance with the Agreement, where the Provider is required to provide Deliverables, the Purchasing Authority or any Beneficiary shall be entitled to withhold payment of the Agreement Price pending receipt and acceptance of the Deliverables in accordance with the Specification or Licence Agreement(s). Subject to clause 9 where the Term allows for the option(s) to renew Subscriptions, the Provider shall: provide the Purchasing Authority with dates for renewals to ensure continuity of supply. A renewal list must be provided to the Purchasing Authority to include: current prices; titles clearly marked as to whether firm or estimated prices; length of grace period to prevent loss of access; which subscriptions cover more than a 12 (twelve) Month period; the purchasing model(s) provided and pricing methodology as agreed under the NICE Framework; subject to 11.5.5 and 11.5.6 details of Open Access materials; AND provide written notification of the correct renewal price and the percentage change within 05 (five) working days of receiving this information from the Publisher. All firm renewal prices should be agreed with the Purchasing Authority 14 (fourteen) working days prior to the of the commencement date for renewals; OR where a renewal provision has been agreed subject to clause 10.7.1 and 10.7.2, the Provider shall, subject to clause 9.3, renew the supply on written confirmation; OR terminate the supply on the expiry date of the Term. Except where otherwise stated in the Order, the Agreement Price is exclusive of VAT which shall be payable, if applicable, by the Purchasing Authority or any Beneficiary in addition to such Agreement Price. The invoice provided to the Purchasing Authority or any Beneficiary by the Provider in accordance with clause 21.2 shall show the VAT calculations separately at the prevailing rate.
Appears in 1 contract
Sources: Framework Agreement
Supplied. Only the purchasing models and discounts agreed under this Framework may be offered by the Provider to Purchasing Authorities or Beneficiaries. The only sums payable by the Purchasing Authority or any Beneficiary to the Provider for the provision of the Deliverable(s) shall be the Agreement Price. All other costs, charges, fees and expenses of whatever kind arising out of or in connection with the Agreement shall be the responsibility of the Provider. [Subject to clause 10 the The Agreement Price is fixed and shall not be subject to any increase whatsoever by the Provider during the Term.] OR [Subject to clause 10, in . In the case of Agent supply where the Publisher has not released to the Agent the fixed price for the following year, ▇▇▇▇▇ THREE Annex FOUR to the “Call Off Order Form” shall show the estimated price and the date the final fixed price shall be released by the Publisher. The Purchasing Authority and the Agent shall ensure that Annex THREE FOUR to the “Call Off Order Form” is amended under clause 30, 32: Agreement or Specification Change or Variation, no later than 10 ten (10) days after the Publisher has released the fixed price, to show the final Agreement Price.] [Guidance Note for Purchasers: If you are purchasing from an Agent, clause 10.4 should be deleted and replaced with “NOT USED”. Brackets in section 10.5 should be deleted in final document version] The Agreement Price includes payment in full for all facilities and resources required by the Provider to provide the Deliverable(s) in accordance with the Agreement. Any facilities or resources needed or used by the Provider to perform the Deliverable(s) shall be provided by the Provider without additional cost to the Purchasing Authority or any Beneficiary. In accordance with the Agreement, where the Provider is required to provide Deliverables, the Purchasing Authority or any Beneficiary shall be entitled to withhold payment of the Agreement Price pending receipt and acceptance of the Deliverables in accordance with the Specification or Licence Agreement(s)Specification. Subject to clause 9 clauses 10, where the Term (including extension Term) allows for the option(s) to renew Subscriptionsrenew, the Provider shall: shall provide the Purchasing Authority with dates for renewals to ensure continuity of supply. A renewal list must be provided to the Purchasing Authority to include: current prices; titles clearly marked as to whether firm or estimated prices; length of grace period to prevent loss of access; which subscriptions Knowledge Resources cover more than a 12 twelve (twelve12) Month period; the purchasing model(s) provided and pricing methodology as agreed under the NICE Framework; subject to 11.5.5 12.5.6, 12.5.7 and 11.5.6 12.5.8 details of Open Access materials; AND and provide written notification of the correct renewal price and the percentage change within 05 (five) working days of receiving this information from the Publisher. All firm renewal prices should be agreed with the Purchasing Authority 14 fourteen (fourteen14) working days prior to the of the commencement date for renewals; OR where a renewal provision has been agreed subject to clause 10.7.1 11.8.1 and 10.7.211.8.2, the Provider shall, subject to clause 9.310.3, renew the supply on written confirmation; OR terminate the supply on the expiry date of the Term. Subject to clause 11.8, renewals cannot be renewed past the expiry date or Termination date of this Call-off Agreement. Except where otherwise stated in the Order, the Agreement Price is exclusive of VAT which shall be payable, if applicable, by the Purchasing Authority or any Beneficiary in addition to such Agreement Price. The invoice provided to the Purchasing Authority or any Beneficiary by the Provider in accordance with clause 21.2 23.2 shall show the VAT calculations separately at the prevailing rate.
Appears in 1 contract
Sources: Framework Agreement