Most Favored Nations Pricing. Other than with respect to sales by ADI to Licensor, each Licensee shall provide Licensor most favored nations pricing on all Licensed Products purchased by/sold to Licensor or any of Licensor’s Affiliates. Any such sales of Licensed Products to Licensor or any of Licensor’s Affiliates shall not be subject to Royalties if tracked on the report of Royalties required herein.
Most Favored Nations Pricing. If at any time during the term of this Agreement, Seller sells product(s) that are the same as the Product(s) covered under this Agreement under more favorable terms and conditions (e.g. quality, price, warranty terms, delivery terms) to an unaffiliated third party, then Seller shall notify Buyer within three (3) business days and upon Buyer's decision provide Buyer the Product(s) under the same favorable terms and conditions, effective on the same date as Seller provides the most favorable terms and conditions to the unaffiliated third party and continue to provide the more favorable terms and conditions to Buyer for the same period of time as provided to the unaffiliated third party. Seller shall provide Buyer access to Seller's company books and records to ensure compliance with this provision within five (5) business days of Buyer’s written request.
Most Favored Nations Pricing. (a) Insurdata represents and warrants that the prices contained herein are at least as favorable to UICI as the prices that third parties pay to Insurdata for comparable Services. If Insurdata offers to provide to any third party comparable services at prices lower than those contained herein, Insurdata shall immediately notify UICI of same and, at UICI's option, this Agreement shall be amended to include such lower prices.
(b) Insurdata further represents, warrants and agrees that the prices for which all other Insurdata software, services and product licenses and sales are to be provided to UICI and any Eligible Recipient are and will be no less favorable to UICI or the Eligible Recipient than the prices that unaffiliated third parties (excluding CareFirst Administrators' use of Insur-Claims(R)) pay to Insurdata for comparable services and products. If Insurdata agrees during the Term of this Agreement to provide to any third party comparable services or products at prices lower than those provided for in any agreement with UICI or an Eligible Recipient (including the Excluded Agreements), Insurdata shall immediately notify UICI or such Eligible Recipient of same and, at the option of UICI or such Eligible Recipient, the applicable agreement will be amended to provide for such lower prices. Without limiting the generality of the foregoing, Insurdata hereby agrees that the per-transaction prices, per-employee and/or other fees charged for comparable transaction volumes and breakpoints by Insurdata to UICI and each Eligible Recipient for use of Insurdata's Insur-Web(TM), Insur-Enroll(TM), Insur-Voice(R), Insur-Admin(R), Insur-Image(R)and Insur-Claims(R)proprietary technology solutions, as well as any other proprietary technology solutions or services developed by Insurdata from time to time during the Term of this Agreement, are and will be no less favorable to UICI than the per-transaction prices and/or fees that unaffiliated third parties pay to Insurdata for such proprietary technological solutions (excluding the pricing for CareFirst Administrators' use of Insur-Claims(R)).
(c) For purposes of this Section, UICI acknowledges and agrees that whether or not services, licensing or sale terms are "comparable" shall be determined based upon all relevant factors, which may include, but are not limited to: (i) estimated and actual volumes and whether or not the customer has guaranteed certain minimum volumes; (ii) the length of the term of the customer's comm...
Most Favored Nations Pricing. CPI shall be treated as a "Most Favored Customer" of AATK. In this regard, no price charged by AATK for the Products shall be any less favorable than the most favorable pricing, terms and conditions that AATK offers to any of its customers for substantially similar quantities, delivery terms, scope of services and work, and other conditions.
Most Favored Nations Pricing. In the event Licensor enters into a written agreement to license any of the Technology with respect to any Product pursuant to a grant substantially the same as the grant in Section 1.1(b) above, but with a royalty rate with respect to such Product which is lower than the royalty rate for Products hereunder during the period of exclusivity for Licensed Devices, the royalty rate hereunder for any Product sold by Licensee which would be covered by the terms and conditions of such grant (a "Comparable Product") shall be decreased to the royalty rate for such Product under such written agreement with respect to sales of such Comparable Product during the period commencing with the first month with respect to which Licensor is required to pay a royalty on a sale of such Product and ending with the month immediately succeeding the month in which the exclusive License with respect to Licensed Devices ceases to be in effect.
Most Favored Nations Pricing. Throughout the Term, in the event Path 1 sells a product that is commercially equivalent to a Product covered under this Agreement to any other buyer in the metro cable/MSO market at a price point less than the price paid by Internet Photonics (as adjusted to include applicable discounts), when taken together with the economic terms of such arrangement, Path 1 shall promptly notify Internet Photonics and either (a) offer such price and terms to Internet Photonics or (b) where such lower prices are due to other terms and conditions in Path 1's agreement with such other party, offer such prices to Internet Photonics with such terms and conditions.
Most Favored Nations Pricing. The pricing of Co-branded Products shall be [*] (the "MOST FAVORED NATION"). [*] pricing transactions (whether between SSI (or its Subsidiaries) and StorageTek (or its Subsidiaries) or between SSI (or its Subsidiaries) and any other person or entity) and [*] pricing when such [*] price was not priced in connection with the [*] in which it was sold (whether to StorageTek or its Subsidiaries or to any other person or entity) shall be excluded from the Most Favored Nations calculations. Any [*] shall be factored into the price match determination. Any Most Favored Nation price as calculated when compared to any particular customer hereunder shall [*] SSI or its Subsidiaries, [*]; provided, however, that the Most Favored Nation price shall not prevent SSI and its Subsidiaries from making a [*], including StorageTek and its Subsidiaries.
Most Favored Nations Pricing. NxStage represents and warrants to Customer that commencing on the Effective Date through December 31, 2015, (i) Customer’s [**] in the Continental United States and Hawaii and calculated using the [**] (as defined below) (the “[**]”) shall be equal to or better than the pricing paid by any [**] (as defined below) to NxStage who has an [**] (as defined below) [**] and (ii) the [**] in the Continental United States and Hawaii shall be equal to or better than any purchase price paid to NxStage by any [**] (the “[**] MFN Covenant”). NxStage covenants and agrees that if at any time during the Term, [**]. For purposes of this Schedule D, the following terms have the following meaning:
(a) “[**]” means any home hemodialysis program site in the Continental United States or Hawaii: (i) [**], (ii) [**] has entered into a management contract covering the purchase of products for [**] patient therapy, including the System One, or (iii) held by [**] in a joint venture structure.
(b) “[**]” means for each [**], as of the end of each calendar month during each applicable measurement period, the number of [**] patients at such [**] that have an active Patient Prescription Monthly Standing Order and are then receiving dialysis with the System One.
(c) “[**]” means [**] in the Continental United States and Hawaii. [**] NxStage also represents and warrants to Customer that commencing on the Effective Date through December 31, 2015, the Purchase Price for each Product in the Continental United States and Hawaii shall be at least [**] lower than any purchase price paid to NxStage by any other purchaser (other than a [**]) who purchases [**] than the volume of each such Product which is purchased by Customer and the Authorized Customer Locations (the “[**] MFN Covenant”). The [**] MFN Covenant shall be measured individually for each Authorized Customer Location and apply to the purchase price paid to NxStage by any other purchaser (other than a [**]) of each applicable Product within a [**] mile radius of each such Authorized Customer Location. NxStage also represents and warrants to Customer that commencing on the Effective Date through December 31, 2015, the rental rate for each Product in the Continental United States and Hawaii set forth in Sections 2 and 4 of Schedule B-3 shall be [**] than any rental rate paid to NxStage by any other individual or entity who rents [**] than the volume of each such Product set forth in Sections 2 and 4 of Schedule B-3 which is rented by C...
Most Favored Nations Pricing. SciQuest represents that the prices and ---------------------------- payment terms offered by SciQuest under its system are the optimum offered by SciQuest to any customer with comparable business terms, a comparable purchase pattern and comparable annual dollar volume. In the event any other customer is given better prices and/or terms by SciQuest, SciQuest shall automatically extend the same prices and/or terms to Monsantoretroactive to the date on which such terms were first offered.
Most Favored Nations Pricing. The Fee for each of the Services set forth in Section I of Exhibit A shall be no greater than those fees charged to other Third Party clients of SPS for similar services taking in account similar volumes, assumptions and economics. For purposes of this Agreement, "
