Most Favored Treatment. If at any time AT&T controls, is controlled by or is under common control with (as control is defined in the definition of Affiliate) a specific SpeechWorks competitor, then the rights of AT&T and its Affiliates to receive most favorable, most favored, no less favorable, and the like sorts of treatment pursuant to this Agreement shall terminate.
Most Favored Treatment. 9.1 During the term of this Agreement, the County represents and assures the City that no other city or town will be offered a contract covering the Jail, WER or jail services that grants such city or town Favored Treatment (as defined below), unless such contract, in substantially identical similar form, is also offered through Notification, by the King County Executive to the City.
9.2 Within 60-days of receipt of an offer that the County represents as being made in accordance with Section 9.1, the City through Notification by its Mayor must either:
i) Accept the offer and such acceptance means the City acknowledges that the County has complied with Section 9.1;
ii) Decline the offer; or
iii) Inform the County that the City believes the offer does not comply with the requirements of Section 9.1 at which point the matter will be deemed referred to JAG pursuant to Section 10 and thereafter either party may pursue dispute resolution per Section 11 of this Agreement. If the City within 60-days declines the offer per Section 9.2 (ii), or fails to respond within 60- days in the manner described in Section 9.2 (i), (ii) or (iii), then the City shall be deemed to have waived its right to enforce this Section with respect to the offer.
9.3 Per Section 13.11 of this Agreement, final execution of any new or amended contract is subject to City Council and County Council approvals.If the City fails to accept such an offer within forty- five (45) days, the City shall be deemed to have waived its right to enforce this Section with respect to such contract.
Most Favored Treatment. Should Universal Display, within the first [The confidential material contained herein has been omitted and has been separately filed with the Commission.] during the Term, enter into an agreement (other than an agreement in the settlement of litigation or other adversarial proceedings) granting to a third party license rights that are substantially the same as the license rights granted to Showa Denko hereunder, and provided such grant is on material terms and conditions [The confidential material contained herein has been omitted and has been separately filed with the Commission.] that, when taken as a whole, are more favorable to such third party than the terms and conditions of this Agreement, Universal Display shall forthwith inform Showa Denko thereof in writing. Showa Denko, on written notice to Universal Display within [The confidential material contained herein has been omitted and has been separately filed with the Commission.] following its receipt of such notice, shall have the right to insist that the terms and conditions of this Agreement be amended to those of Universal Display’s license agreement with such third party, said amendment to be effective as of the date of such other license agreement and without repayment of any amounts previously paid to Universal Display hereunder.
Most Favored Treatment. If, during the term hereof, you are granted the same or similar rights of this Agreement from other companies, and pay them or their agents SONY BMG (including any associations in the music industry) any cost or offer any preferential arrangement or marketing opportunity in respect of the Agreed Service, which is better or more favorable than the conditions available to you in Clause C5 of this Agreement, you shall pay us the relevant cost and offer us the same or similar preferential arrangement or marketing opportunity during the accounting period in which you offer better or more favorable conditions to other companies.
Most Favored Treatment. In the event that, under any Stock Purchase Agreement substantially similar hereto between the Company and a co-investor, there are provided any terms and conditions more favorable to such co-investor than are provided to the Buyer hereunder, this Agreement shall be deemed amended by the incorporation by reference of such more favorable provisions so as to convey the benefit thereof on the Buyer.
Most Favored Treatment. Notwithstanding anything in this Agreement to the contrary, during the term of the Agreement, with the exception of EQUANT, CONTEGO shall not integrate its Technology into the network system of any other network provider operating primarily in the U.S. Further, GI shall be automatically availed the most favorable wholesale price terms CONTEGO maintains with any other party, for comparable quality and volume of service, if such terms are more favorable than provided in this Agreement. For the term of this Agreement, GI shall not sell, market, endorse, recommend or integrate into its System any other authentication using any type of PKI technology and CONTEGO shall be the sole provider of digital keys and certificates to GI and/or its Customers.
Most Favored Treatment. If at any time the Company shall enter into an agreement, or any side letter in respect of such agreement (each a “New Agreement”), with a Holder or any future purchaser of securities of the Company (“Favored Holder”) with respect to the subject matter of this Agreement containing any provision more favorable to such Favored Holder than the corresponding provision in this Agreement is to any Holder or containing any provision with respect to such subject matter for a benefit of such Favored Holder that does not have a corresponding provision in this Agreement (each such type of provision in such agreement with the Favored Holder, a “More Favorable Provision”) then, if so elected by the Holders of a majority of the Registrable Securities in their sole discretion, this Agreement shall be deemed amended to contain such More Favorable Provision as of the date of the New Agreement. The Company shall provide each Holder with a copy of each New Agreement proposed from time to time to be entered into between the Company and each Favored Holder, which copy shall be redlined to reflect the material differences between such proposed agreement and this Agreement. The Holders shall have twenty (20) business days following the Company’s giving of such redlined proposed agreement, within which to indicate to the Company which of the More Favorable Provisions, if any, the Holders shall have elected to incorporate into this Agreement. The Company shall promptly advise each Holder of any amendment to this Agreement effected in accordance with the provisions of this Section.
Most Favored Treatment. Purchaser is presently negotiating the purchase of all the outstanding shares of the following corporations: Hearing Care Associates-Arcadia, Inc. Hearing Care Associates-Lancaster Hearing Care Associates-North Hollywood Hearing Care Associates-Santa Monica Auditory Vestibular Center, Inc. In the event the representations and warranties set forth in the acquisition agreements for such transactions contain provisions more favorable to the Sellers than the representations and warranties of Sellers set forth in Article III of this Agreement, Sellers shall be entitled to the benefit of such more favorable provisions.
Most Favored Treatment. Buyer represents and warrants that each Seller shall be treated by the Buyer no less favorably than any other Seller under this Agreement with respect to payment for their shares of Company Stock.
Most Favored Treatment. In the event that V-ONE offers to distribute the Product through any third party for a royalty percentage or any pricing arrangement under an agreement that is substantially similar to this Agreement that is less than the **** rate contained in SUBSECTION (A) and (B) of SECTION 5.1 (or the current applicable rate), such **** rate (or the current applicable rate) shall be reduced by V-ONE to such lower royalty percentage for the remainder of the Term. In the event that V-ONE offers to provide Updates and Upgrades to the Product by or through any third party for a maintenance percentage that is less than the **** rate contained in SECTION 5.2 (or the current applicable rate), such **** rate (or the current applicable rate) shall be reduced by V-ONE to such lower maintenance percentage for the remainder of the Term.
