Best Price. Buyer has made no Purchase Price Per Share offer to any other party in excess of such Purchase Price Per Share being offered to Seller. If Buyer offers a Purchase Price Per Share to any party in excess of the Purchase Price Per Share offered to Seller (such offer, a “Greater Offer”), Buyer shall (a) inform Seller in writing of the Greater Offer and (b) pay to Seller the difference between (i) the Greater Offer and (ii) the Purchase Price Per Share offered to Seller. For purposes of this Section 6(i), “Purchase Price Per Share” shall not include any fees paid to a third party “aggregator” engaged by the Buyer to buy shares from Buyer stockholders who have indicated an intention to convert their shares and/or vote against the Merger.
Best Price. If, at any time during the term of this Agreement Supplier should sell to any customer other than to affiliates or subsidiaries of Supplier, material at least equal or similar quality and volume at a price lower than that in effect under this Agreement, Company shall pay such lower price on all deliveries of MATERIAL which are made during the period when such lower price is in effect Subject to Company's obligations including without limitation, Company's obligations of confidentiality, and upon ten (10) days written notice and not more than twice per calendar year, a qualified third party, reasonably acceptable to both parties, may audit Supplier's applicable books and records for the purpose of verifying Supplier's compliance with this provision. Such third party shall be subject to a confidentiality agreement and any report shall be limited to verifying Supplier's obligations under this section.
Best Price. Schedule 5.10 sets forth the “Best Price” (as defined at 42 U.S.C. § 1396r-8(c)(1)(C)) and Average Manufacturers Price (“AMP”) (as defined at 42 U.S.C. § 1396r-8(k)(1)) for the Product for the two most recently ended calendar quarters.
Best Price. Contractor acknowledges and recognizes that the Department wants to take advantage of any improvements in price/fees over the course of the Contract period. To that end, the price indicated in this Contract is a maximum guarantee. Contractor’s fee under this Contract will not exceed the Contractor’s total fees then in effect for substantially the same services to any organization with similar services to those in this Contract. During the term of the Contract, if Contractor implements or provides any other client, whether a public or private entity, such pricing with more favorable than the pricing in this Contract, then Contractor agrees to offer equivalent pricing terms to the Department and the Department and Contractor will execute a amendment of this Contract.
Best Price. Seller warrants that the price is not in excess of the lowest price charged by Seller to other customers for similar Products. If the Seller reduces its price to third parties during the term of the Contract, the Seller will correspondingly reduce the price charged to Seller.
Best Price. 11.01 Should RTP sell a resin similar to this Product (in like quantities) to a third party for use in applications like those currently sold by Fluoroware at a price lower than the price of such Product sold to Fluoroware hereunder, then RTP shall offer such lower price to Fluoroware for Product for such term as the lower price is in effect with the third party.
Best Price. Supplier's Prices to Company for Material contained herein with applicable discounts and with any increases permitted hereunder, shall be [***]. If Supplier at any time [***], Supplier shall [***]. For purposes of determining if Supplier's prices are Best Prices, within the meaning of this paragraph only. Supplier's Prices shall [***].
Best Price. Supplier's Prices to Company for Material contained herein with applicable discounts and with any increases permitted hereunder, shall be at least as low as those Prices (with applicable discounts) offered by Supplier to any of its customers for comparable Material and services in comparable quantities and terms. If Supplier at any time extends to any other customer lower Prices or higher discounts for comparable quantities and material under comparable terms, Supplier shall promptly notify company of such Prices or discounts and grant to Company the benefit of such Price or discounts for all Material sold to Company retroactive to the effective date of Supplier's Price or discount arrangement with its other customer. For purposes of determining if Supplier's prices are Best Prices, within the meaning of this paragraph only. Supplier's Prices shall [***].
Best Price. Vendor warrants to Legacy that the price charged is at least as low as the price now given, under similar volumes, by Vendor to any other customer for the Products, Software and Services. In the event Vendor breaches this warranty, the prices of the Products shall be reduced accordingly retroactive to the date of such breach.
Best Price. Subject to any marketing agreement(s) between COMPANY and its marketing partner(s) and Sublicensees, MAYO may, at its sole option, purchase the Licensed Product from COMPANY or a Sublicensee for use within MAYO’s and its Affiliates’ educational, research and clinical programs in any quantity at the prior year’s best net price offered by the COMPANY to any end user. The prior year’s best net price will be determined on each January 1” and reported to MAYO in its Feb 1St reports due under Section 4.01 and will apply for the entire forthcoming calendar year (January 1 - December 31). COMPANY will report such sales to MAYO as part of the royalty report described in Section 4.01.
