Most Favored Pricing. IMG will be entitled to purchase or license each Software Product at the lowest rate or price at which VERITAS provides the Software Product, or any similar competitive, or replacement Software Product, to any similarly situated third party for similar volumes. VERITAS agrees that if it charges a lower such royalty to any applicable third party during the term of this Agreement for the same or any similar or competitive product, it will immediately notify IMG in writing and IMG shall be entitled to amend this Agreement to provide the lower royalty to IMG thereafter.
Most Favored Pricing. (a) This Section 5.8(a) shall apply to Software Products which Seagate bundles with Seagate products, and only with respect to such bundling. Software Copies of these Software Products which are not so bundled shall be subject to Section 5.8(b) below:
(i) With respect to Base Software Products and OEM Software Products, Seagate will be entitled to purchase or license each such Software Product at the lowest rate or price at which VERITAS provides the Software Product, or any similar, competitive, or replacement Software Product, to any third party, regardless of the type, quantity, volume and terms under which such Software Products are provided to third parties, provided that this shall not apply to Software Products provided by VERITAS to strategic partners at no charge or a nominal fee.
(ii) With respect to all other Software Products (i.e., Application Software Products, which Seagate ordinarily would not bundle), Seagate will be entitled to purchase or license each such Software Product at a mutually agreeable, economically attractive (to Seagate) price, considering Seagate's hardware margin requirements and volumes, but also considering VERITAS' reliance on these Application Products for a substantial portion of its revenue as well as VERITAS' desire to maintain multiple channels of distribution for such products.
(b) With respect to all Software Products which are not subject to Section 5.8(a) above, Seagate will be entitled to purchase or license each such Software Product at the lowest rate or price at which VERITAS provides the Software Product, or any similar, competitive, or replacement Software Product, to any similarly situated third party for similar volumes.
(c) VERITAS agrees that if it charges a lower such royalty to any applicable third party during the term of this Agreement for the same or any similar or competitive product, it will immediately notify Seagate in writing and Seagate shall be entitled to amend this Agreement to provide the lower royalty to Seagate thereafter.
Most Favored Pricing. Company represents and agrees that no other customer of similar services and scope is receiving or will receive prices, discounts, performance or terms better than those which are given Dell. Should Company enter into an arrangement with a third party to provide substantially the same DellBizNet services on terms which in their totality are more favorable to the third party than the terms specified in this Agreement, then Dell shall be given the right to convert the relevant terms in this Agreement to match all of the more favorable terms provided the third party.
Most Favored Pricing. Supplier warrants that the prices charged for the Services are not in excess of the lowest prices charged by Supplier to other similarly situated customers for similar Services.
Most Favored Pricing. At all times during the Term, the Fees and other charges hereunder shall be the lowest fees and rates contemporaneously charged by Developer to any of its customers for similar volumes of goods and services of the same or comparable type and scope. If at any time Developer charges any comparable customer a lower fee, rate, or price for similar volumes of such comparable goods or services than the corresponding Fees charged hereunder, Developer shall immediately apply such lower rate or amount, as applicable, for all comparable Deliverables, Services, and other Work Product provided to Customer. Such lower rates or amounts, as applicable, shall apply retroactively to the date on which Developer began charging them to such comparable customer.]
Most Favored Pricing. Each of SKT Holdings and EarthLink shall offer its products and services to the Operating Company on most favored customer pricing terms for substantially similar volumes of substantially similar products and services. If the Operating Company agrees to such pricing, the Operating Company and EarthLink or SKT, as applicable, shall enter into commercially reasonable agreements containing such pricing and other commercially standard terms.
Most Favored Pricing. Jabil agrees that Prices for components on Company’s Xxxx of Materials shall be priced no greater than the price paid by any other customer of Jabil for the same or substantially similar items where the items are purchased in same or substantially similar volumes, within same geographic region, under substantially similar terms and conditions.
Most Favored Pricing. All Fees and other charges under this Agreement shall be the lowest fees, prices, and rates contemporaneously charged by Provider to any of its customers for similar volumes of services of the same or comparable type and scope. If at any time Provider charges any comparable customer a lower fee, rate, or price for similar volumes of such comparable services than the corresponding Fees or other amounts charged hereunder, Provider shall immediately apply such lower rate or amount, as applicable, for all comparable Services provided to Customer. Such lower rates or amounts, as applicable, shall apply retroactively to the date on which Provider began charging them to such comparable customer.
Most Favored Pricing. If Supplier sells similar quantities of any of the same Products under substantially similar terms and conditions to a third party for a lower price than the price for the Products, Supplier will reduce the price of the Product to the lower price and such lower price will apply to all future Orders (as defined herein). Supplier agrees to fulfill its obligations under this Section in good faith.
Most Favored Pricing. Akorn agrees that the Processing Fee charged to NeoPharm hereunder shall be no higher than the lowest fee charged by Akorn to any customers with similar processing requirements for Processing at the Facility, regardless of any discounts afforded to such other customers. NeoPharm shall have the right to audit Akorn's books and records to ascertain compliance with this Section 4.2.
