Common use of Most Favorable Terms Clause in Contracts

Most Favorable Terms. In the event that after September 1, 1990 Muzak -------------------- grants for the first time (and not pursuant to or in renewal of any agreement in existence at September 1, 1990) to any other U.S. licensee of Muzak (i.e., a distributor of the Services in a territory within the United States) financial or other material terms (other than temporary or transient adjustments and accommodations) that are more favorable than the terms set forth herein, Muzak must offer such more favorable terms to Licensee; provided, however, that if, and to the extent, Muzak is required by the laws and regulations of the State in which another licensee resides or operates its business to offer such other licensee more favorable terms than those set forth herein, Muzak shall not be required to offer such more favorable terms to Licensee but shall notify the then-president of the IPMA of the imposition of such legal or regulatory requirement.

Most Favorable Terms. In the event that after September 1, 1990 -------------------- Muzak -------------------- grants for the first time (and not pursuant to or in renewal of any agreement in existence at September 1, 1990) to any other U.S. licensee of Muzak (i.e., a distributor of the Services in a territory within the United States) financial or other material terms (other than temporary or transient adjustments and accommodations) that are more favorable than the terms set forth herein, Muzak must offer such more favorable terms to Licensee; provided, however, that if, and to the extent, Muzak is required by the laws and regulations of the State in which another licensee resides or operates its business to offer such other licensee more favorable terms than those set forth herein, Muzak shall not be required to offer such more favorable terms to Licensee but shall notify the then-president of the IPMA of the imposition of such legal or regulatory requirement.