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1 <br />2 <br />3 <br />4 <br />5 <br />6 <br />7 <br />current as certified in its Certificate of Current Cost or Pricing Data, (b) subcontractor or <br />prospective subcontractor furnished the Contractor cost or pricing data that were not complete, <br />accurate, and current as certified in the Contractor's Certificate of Current Cost or Pricing Data, <br />or (c) any of these parties furnished data of any description that were not accurate, the price or <br />cost shall be reduced accordingly and the Agreement shall be modified to reflect the reduction. <br />D2, Any reduction in the Agreement price under paragraph (1) above due to <br />--�h�t---was- <br />9 subcontract shall be limited to the amount, plus applicable overhead and profit markup, by which <br />10 a the actual subcontract or O (b) the actual cost to the Contractor, if there was not subcontract, <br />11 <br />12 was less than the cost estimate submitted by the contractor, provided that the actual subcontract <br />13 price was not itself affected by the defective cost or pricing data. <br />14 D3, If the South Bay Private Industry Council determines under paragraph (1) of <br />15 this clause that a price or cost reduction should be made, the contractor agrees'not to raise the <br />16 following matters as a defense; a. The Contractor or subcontractor was a sole source supplier or <br />17 otherwise was in a superior bargaining position and thus the price of the Agreement would not <br />18 <br />19 <br />have been modified even if accurate, complete, .; and current cost or pricing data had been <br />submitted; b. The South Bay PIC should have known that the cost or pricing data at issue were <br />20 <br />21 defective even though the Contractor or subcontractor took no affirmative action to bring the <br />22 character of the data to the attention of the South Bay PIC; c. The Contract was based on an <br />23 agreement about the total cost of the contract and there was no agreement about the cost of each <br />24 item procured under the contract, <br />25 <br />E. Notwithstanding the provisions concerning the term of the Agreement, funding <br />26 <br />shall be provided according to the following provision: <br />27 <br />28 <br />G <br />