MOST FAVORED CLIENT. If at any time prior to termination of this Amendment, the Custodian, as a matter of standard business practice, accepts delegation as Foreign Custody Manager for its U.S. mutual fund clients on terms of materially greater benefit to the Funds than set forth in this Amendment, the Custodian hereby agrees to negotiate with the Funds in good faith with respect thereto.
MOST FAVORED CLIENT a) Consultant represents and warrants to OWNER that the prices discounts, rebates, allowances, and other pricing terms offered pursuant to this Contract for substantially similar services and skill levels (sold in substantially equal or smaller quantities) are, and during the term of this Contract will be, the same as or lower, or more favorable than those contemporaneously offered by Consultant to any other client. If Consultant shall enter into arrangements during the term of this Contract with any other client providing for lower or more favorable prices, discounts, rebates, allowance, or other pricing terms, Consultant shall promptly notify OWNER in writing and make the same available to OWNER as of the date such prices or other more favorable terms became effective for another client, and this Contract shall be amended accordingly upon OWNER'S acceptance of such terms.
b) This Article shall not apply to arrangements with other clients during the term of this Contract fitting one or more of the following classifications:
i) not provided by the same operating unit (. i.e., provided by an operating unit that has no indirect cost pools in common with the operating unit providing services under this Contract)
ii) not in the same general geographical area (except that home office overhead rates should be consistent without regard to location) iii) are pro xxxx in nature iv) contracts that are primarily lump sum in nature, but may involve incidental hourly services v) less than one hundred thousand dollars in value
c) Annually, Consultant shall review and have an officer of its company certify in writing to Owner its compliance with this Article.
d) Consultant shall insert this paragraph in all subconsultant contracts hereunder, except altered as necessary for the proper identification of the contracting parties and the Owner.
MOST FAVORED CLIENT. If at any time prior to termination of this Agreement, the Delegate, as a matter of standard business practice, accepts delegation as Foreign Custody Manager for its U.S. mutual fund clients on terms of materially greater benefit to the Funds than set forth in this Agreement, the Delegate hereby agrees to negotiate with the Trust in good faith with respect thereto.
MOST FAVORED CLIENT. If at any time the Delegate shall be a party to an agreement, to serve as a "foreign custody manager" (as defined in Rule 17f-5(a)(2) of the Act) to an investment company, that provides for either (a) a standard of care with respect to the selection of Eligible Foreign Custodians in any jurisdiction higher than that set forth in Section 3 of this Agreement or (ii) a standard of care with respect to the exercise of the Delegate's duties higher than that set forth in Section 8 of this Agreement, the Delegate agrees to notify the Trust of this fact and to raise the applicable standard of care hereunder to the standard specified in such other agreement.
MOST FAVORED CLIENT. If at any time Delegate shall be a party to an agreement, to serve as a Foreign Custody Manager to an investment company, that provides for either (a) a standard of care with respect to the selection of Eligible Foreign Custodians in any jurisdiction higher than that set forth in Section 7b. of this Agreement or (b) a standard of care with respect to the exercise of the Foreign Custody Manager's duties other than that set forth in Section 8 of this Agreement, Delegate agrees to notify the Fund of this fact and to raise the applicable standard of care hereunder to the standard specified in the other agreement.
MOST FAVORED CLIENT. 3.4.3.1 Architect/Engineer represents and warrants to the City that the Billing Rates set forth in Exhibit “B” are equal or more favorable to the fully loaded hourly rates contemporaneously offered by Architect/Engineer to any other public sector client for similar aviation services.
3.4.3.1.1 If subsequent to the Effective Date and at any point during the Term, Architect/Engineer enters into any agreement with another client that contains fully loaded hourly rates that are more favorable than those in this Contract for services that are similar, Architect/Engineer must notify the City of such arrangements and agree to lower its Billing Rates to include those applicable and more favorable compensation terms as directed and agreed to by the Director. Upon the Director’s written approval, Exhibit “B” shall be replaced to reflect the lower Billing Rates.
MOST FAVORED CLIENT. Company agrees to treat DFSI and their “Most Favored Client” meaning that Company will not enter into an agreement for the same or similar services with competitors of DFSI unless the products and services offered through such agreement are equal to or clearly less favorable in regards to pricing, promotion, products, and services than those provided in this Agreement, based on comparable commission rates paid to a DFSI competitor for these services.
MOST FAVORED CLIENT. If at any time the Delegate shall be a party to an agreement to serve as "Foreign Custody Manager" (as defined in Rule 17f-5(a)(2) of the 1940 Act) to an investxxxx xxxpany, that provides for either: (a) a standard of care with respect to the selection of Eligible Foreign Custodians in any jurisdiction higher than that set forth in Section 3 of this Delegation Schedule or (b) a standard of care with respect to exercise of the Delegate's duties other than that set forth in Section 8 of this Delegation Schedule, the Delegate agrees to notify the Trust of this fact and to raise the applicable standard of care hereunder to the standard specified in such other agreement.
MOST FAVORED CLIENT. Architect certifies and warrants that the hourly rates charged for any Additional Services and multipliers on costs are the lowest hourly rates and multipliers charged by the Architect to its most favored commercial clients.
MOST FAVORED CLIENT. Pursuant to Section 4 hereof, during the ------------------- Exclusive Period, Calyx is not to enter into other agreements with other parties for automatic posting of mortgage loan applications. After the Exclusive Period, in the event Calyx enters into an agreement with another party that offers automatic posting generally as described in the specifications attached to this Agreement, if such other agreement is materially more advantageous to such other party than the automatic posting capabilities described herein extended to IMX Exchange, Calyx will extend the same features or capabilities for the IMX Exchange.
