Most Favored Customer Provision Sample Clauses

Most Favored Customer Provision. During the Term, if Xxxxxxxx sells On-Net Telecommunications Services, On-Net Additional Services, and/or Other Services (but not including any local access or dark/dim fiber) to a third party on Financial Terms (as hereinafter defined) that are not Comparable (as hereinafter defined) to those provided hereunder, WinStar shall be entitled to an adjustment of the amounts paid with regard to the On-Net Telecommunications Services, On-Net Additional Services, and/or Other Services in question. Xxxxxxxx shall promptly notify WinStar in writing of such more favorable Financial Terms. Xxxxxxxx shall be under no obligation to disclose to WinStar the identity of any such third party or any other provisions of such a contract that are not more favorable than those provided to WinStar. Such adjustment shall be equal to the aggregate amount necessary to make the Financial Terms Comparable (pro rated to follow the cash timing of this Agreement). Upon payment or credit of such adjustment to WinStar, the Financial Terms of this Agreement shall be deemed to be those more favorable Financial Terms for the purpose of future applications of this Section. Nothing in this Section shall be deemed to require Xxxxxxxx to sell more than the Minimum Commitment contained herein. "
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Most Favored Customer Provision. If Supplier has negotiated terms or conditions for the sale of the products or services to another customer of Supplier which the University deems more favorable than those contained herein, the University may request and shall be afforded the opportunity to purchase those products or services on the same terms and conditions as Supplier has negotiated to provide a third party under reasonably similar circumstances.
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Most Favored Customer Provision. (a) Subject to Sections 20.1(b) and 20.1(c) hereof, each of Comcast and its Affiliates is hereby accorded the right to receive "most favored customer" terms and conditions from Concurrent and any of its Affiliates with respect to the purchase or licensing of VOD Products and the purchasing of services. (b) The "most favored customer" status afforded Comcast and its Affiliates hereunder shall be applied with respect to the economic terms (including, without limitation, pricing and any and all kinds of incentives, including, discounts and warrants and related terms) of a transaction by comparison of the complete economic offering of the VOD Products and services offered to Comcast or any of its Affiliates on the one hand and a third party on the other (regardless of the size or identity of such third party or their ownership interests in Concurrent or any of its Affiliates). If Concurrent or any of its Affiliates on the one hand and a third party on the other hand enter into a contract which causes the economic effect of the overall contractual relationship between Comcast or any of its Affiliates and Concurrent or any of its Affiliates to be less favorable than the economic effect of Concurrent's or its Affiliates' contractual relationship with such third party, taken in its entirety, then each of Comcast and its Affiliates shall have the right to have its economic terms with respect to the VOD Products and services, taken in its entirety, amended such that the economic effect of the overall contractual relationship between Comcast or any of its Affiliates and Concurrent or any of its Affiliates shall be on no less favorable terms, taken in its entirety, than Concurrent's or its Affiliates' contractual relationship with such third party, taken in its entirety. For purposes of comparing the economic terms of a transaction, the size of the transaction (through volume discounts or otherwise) may be considered, and Comcast and its Affiliates must be offered economic terms no less favorable than other customers of Concurrent or any of its Affiliates that purchase a similar or lesser quantity of goods or services. (c) Subject to subparagraph (d) below, the "most favored customer" status afforded Comcast and its Affiliates hereunder shall be applied with respect to the non-economic terms of a transaction by comparison (by Comcast) of the complete offering of the VOD Products and services to Comcast or any of its Affiliates on the one hand and a third party on the ...
Sample 1
Most Favored Customer Provision. (a) Subject to Sections 20.1(b) and 20.1(c) hereof, each of Comcast and its Affiliates is hereby accorded the right to receive "most favored customer" terms and conditions from Concurrent and any of its Affiliates with respect to the purchase or licensing of VOD Products and the purchasing of services. **** **** **** **** 20.2 Comcast may, upon reasonable notice to Concurrent, instruct an external independent auditor reasonably satisfactory to Concurrent to audit the relevant books and records of Concurrent to ensure compliance with Section 20.1; provided that such audit shall not be conducted more frequently than annually and shall be conducted at a place and time during normal business hours reasonably acceptable to Concurrent and shall be conducted in such a manner as not to unreasonably interfere with the normal business operations of Concurrent; and provided further that Comcast and its independent auditors shall enter into confidentiality agreements reasonably satisfactory to Concurrent with respect to the review in such audit of information relating to Concurrent's contractual relationship with any third party. In the event that Concurrent violates the provisions of Section 20.1 in any material respect, Concurrent agrees to (i) pay the reasonable expenses of the independent auditor, (ii) adjust the terms and conditions of this Agreement to give retroactive and prospective effect to the non-economic terms of the superior agreement, in accordance with the requirements of this Agreement, (iii) refund overpaid amounts to Comcast or its Affiliate, as the case may be, or apply a credit in the amount of the overpaid amounts against future license fees (at the election of Comcast or the Affiliate) and (iv) immediately grant to Comcast the improved terms or other benefits to which Comcast is entitled. 20.3 For the purposes of this Agreement the term "Affiliate" shall mean an "affiliate," as such term is defined under Rule 405 promulgated under the Securities Act of 1933, as amended (the "Securities Act").
Sample 1
Most Favored Customer Provision. 20.1 If OD Security has negotiated terms or conditions for the sale of goods or services to another client of OD Security which the County deems more favorable than those contained herein, the County may request and shall be afforded the opportunity to purchase those goods or services on the same terms and conditions as OD Security has negotiated to provide a third party under reasonably similar circumstances.
Sample 1

Related to Most Favored Customer Provision

  • Most Favored Customer Contractor shall, within thirty (30) days of their effective date, notify the Lead State and NASPO ValuePoint of any contractual most-favored-customer provisions in third-party contracts or agreements that may affect the promotion of this Master Agreement or whose terms provide for adjustments to future rates or pricing based on rates, pricing in, or Orders from this Master Agreement. Upon request of the Lead State or NASPO ValuePoint, Contractor shall provide a copy of any such provisions.

  • MOST FAVORED CUSTOMER CLAUSE Contractor shall provide its most favorable pricing and terms to H-GAC. If at any time during this Agreement, Contractor develops a regularly followed standard procedure of entering into agreements with other governmental customers within the State of Texas, and offers the same or substantially the same products/services offered to H-GAC on a basis that provides prices, warranties, benefits, and or terms more favorable than those provided to H-GAC, Contractor shall notify H-GAC within ten (10) business days thereafter, and this Agreement shall be deemed to be automatically retroactively amended, to the effective date of Contractor’s most favorable past agreement with another entity. Contractor shall provide the same prices, warranties, benefits, or terms to H-GAC and its END USER as provided in its most favorable past agreement. H-GAC shall have the right and option at any time to decline to accept any such change, in which case the amendment shall be deemed null and void. If Contractor claims that a more favorable price, warranty, benefit, or term that was charged or offered to another entity during the term of this Agreement, does not constitute more favorable treatment, than Contractor shall, within ten (10) business days, notify H-GAC in writing, setting forth the detailed reasons Contractor believes the aforesaid offer is not in fact most favored treatment. H-GAC, after due consideration of Contractor’s written explanation, may decline to accept such explanation and thereupon this Agreement between H-GAC and Contractor shall be automatically amended, effective retroactively, to the effective date of the most favored agreement, to provide the same prices, warranties, benefits, or terms to H-GAC and the END USER.

  • Most Favored Nation Provision From the date hereof and for so long as a Purchaser holds any Securities, in the event that the Company issues or sells any Common Stock or Common Stock Equivalents, if a Purchaser then holding outstanding Securities reasonably believes that any of the terms and conditions appurtenant to such issuance or sale are more favorable to such investors than are the terms and conditions granted to the Purchasers hereunder, upon notice to the Company by such Purchaser, the Company shall amend the terms of this transaction as to such Purchaser only so as to give such Purchaser the benefit of such more favorable terms or conditions. This Section shall not apply with respect to an Exempt Issuance. The Company shall provide each Purchaser with notice of any such issuance or sale not later than ten (10) Trading Days before such issuance or sale.

  • MOST-FAVORED nation treatment 2 1. Each Party shall accord to investors of the other Party treatment no less favorable than that it accords, in like circumstances, to investors of a non-Party with respect to the establishment, acquisition, expansion, management, conduct, operation, and sale or other disposition of investments in its territory. 2. Each Party shall accord to covered investments treatment no less favorable than that it accords, in like circumstances, to investments in its territory of investors of a non- Party with respect to the establishment, acquisition, expansion, management, conduct, operation, and sale or other disposition of investments.

  • Most Favored Nation While the Note or any principal amount, interest or fees or expenses due thereunder remain outstanding and unpaid, the Company shall not enter into any public or private offering of its securities (including securities convertible into shares of Common Stock) with any individual or entity (an “Other Investor”) that has the effect of establishing rights or otherwise benefiting such Other Investor in a manner more favorable in any material respect to such Other Investor than the rights and benefits established in favor of the Buyer by this Agreement or the Note unless, in any such case, the Buyer has been provided with such rights and benefits pursuant to a definitive written agreement or agreements between the Company and the Buyer.

  • License to Customer Vendor grants to Customer, a perpetual, irrevocable, royalty free license, solely for the Customer’s internal business purposes, to use, copy, modify, display, perform (by any means), transmit and prepare derivative works of any Vendor IP embodied in or delivered to Customer in conjunction with the Work Product. The foregoing license includes the right to sublicense third parties, solely for the purpose of engaging such third parties to assist or carryout Customer’s internal business use of the Work Product. Except for the preceding license, all rights in Vendor IP remain in Vendor.

  • Most-Favored-Nation Treatment 1. Each Party shall accord to investors of the other Party treatment no less favorable than that it accords, in like circumstances, to investors of any non-Party with respect to the establishment, acquisition, expansion, management, conduct, operation, and sale or other disposition of investments in its territory. 2. Each Party shall accord to covered investments treatment no less favorable than that it accords, in like circumstances, to investments in its territory of investors of any non-Party with respect to the establishment, acquisition, expansion, management, conduct, operation, and sale or other disposition of investments.

  • Business Associate Contract GENERAL PROVISIONS AND RECITALS

  • Interconnection Customer Provided Services The services provided by Interconnection Customer under this LGIA are set forth in Article 9.6 and Article 13.5. 1. Interconnection Customer shall be paid for such services in accordance with Article 11.6.

  • Covenant Not to Solicit Customers During the Restricted Period, within the Territory Executive shall not, directly or indirectly, individually or on behalf of any other person or entity (other than a member of the Bank Group), offer to provide banking services to any person, partnership, corporation, limited liability company, or other entity who is or was (i) a customer of any member of the Bank Group during any part of the twelve (12) month period immediately prior to the Date of Termination, or (ii) a potential customer to whom any member of the Bank Group offered to provide banking services during any part of the twelve (12) month period immediately prior to the Date of Termination.

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