MOST FAVOURED CUSTOMER. The Supplier undertakes that when dealing with its Contracted Customers and Prospective Customers from time to time it shall not discriminate against the Authority or any Contracted Customer. In particular the Supplier shall not during the Term enter into a contract with any other customer for the provision of services substantially similar to the Services at prices or other terms and conditions which, taken together, are more favourable to that customer than those available under this Framework Agreement ("Preferable Terms"), unless it first offers to provide those Preferable Terms to the Authority. Upon request by the Authority, the Supplier will provide the Authority with such details (anonymised as necessary) as the Authority may reasonably require in order to establish the Supplier's compliance with this Paragraph 2. If the Supplier discriminates against the Authority or a Contracted Customer by failing to provide the Authority or the relevant Customer with the benefit of Preferable Terms the Authority shall be entitled to escalate the matter for resolution in accordance with Clause 16, provided that if the matter is not resolved by the Authority Representative and the Supplier Representative within ten (10) Working Days of escalation to them pursuant to that Clause, the Authority shall be entitled to terminate this Framework Agreement pursuant to Clause 14.19.
MOST FAVOURED CUSTOMER. 1The Supplier undertakes that when dealing with its Contracting Bodies and potential Contracting Bodies from time to time it shall not discriminate against the Authority. In particular, but without limitation, the Supplier shall not during the Term enter into a contract with any other customer for the provision of services substantially similar to the Available Services at prices or other terms and conditions which, taken together, are more favourable to that customer than those available under this Framework Agreement ("Preferable Terms"), unless it first offers to provide those Preferable Terms to the Authority pursuant to Clause 32 (Variations).
MOST FAVOURED CUSTOMER. If at any time during the Term, the Service Provider offers to any other customer or prospective customer any more favourable or better terms, including charges, discounts, warranties, benefits or other terms, in relation to the supply of the same or similar services to the Services, the Service Provider shall immediately notify the Client of the better terms, and shall offer to amend the terms of this Agreement and any Contract (including existing Contracts) so that the Client may also receive the Services on the better terms.
MOST FAVOURED CUSTOMER. Convenxia represents, warrants and covenants that the Fees payable by Yak under each Statement of Work will be at least as low as, and the terms and conditions for the provision of all Services will be at least as favourable as, that at which Convenxia will provide such services to any other customer of Convenxia or any Affiliate of Convenxia. In the event that Convenxia or any Affiliate of Convenxia provides similar services at prices less than those charged, or on terms and conditions more favourable than as provided to Yak hereunder, Convenxia shall immediately offer such lower prices or more favourable terms and conditions, as applicable, to Yak. An officer or director of Convenxia shall certify in writing to Yak annually its compliance with the terms of this Section 5.05.
MOST FAVOURED CUSTOMER. 5.1 Indiel shall in supplying Lucas Branded Products to Lucas treat Lucas with most favoured customer status by which is meant, that:
5.1.1 Indiel will not supply, or offer to supply, Other Products to its other customers in the Aftermarket on shorter lead times than those from time to time applicable to equivalent Lucas Branded Products supplied to Lucas;
5.1.2 where Indiel's production capacity for Products and Other Products for whatever reason, and whether temporarily or permanently, is unable to satisfy in terms of time and number all the orders outstanding and unfulfilled at any one time for the same from Lucas and Indiel's other customers (including those required for sale by Indiel itself and any Indiel Associated Company), Indiel shall in seeking to satisfy such orders or requirement allocate the available Products and Other Products between all those persons, including Lucas and Indiel itself and any Indiel Associated Company, who have ordered or require supplies of Products or Other Products which cannot be satisfied, pro rata to their respective orders or requirement. In the operation of this clause 5.1.2 orders from Original Equipment Manufacturers to Indiel requiring Products or Other Products in any Country for inclusion in new vehicles shall at all times take precedence and shall accordingly not be taken into account provided that nothing herein contained shall be deemed authority to Indiel to apply the Trade Marks to any products otherwise than pursuant to the Trade Mark Licence or clause 4.3 of this Agreement;
5.1.3 if at any time the prices (on an equivalent basis having regard to the place and method of delivery payment and other terms of sale) charged or offered by Indiel to any of its customers (other than Lucas and Original Equipment Manufacturers) buying Products or Other Products for inclusion in new vehicles, in whichever Relevant Country such customers are carrying on business or are located, for Products or Other Products of broadly equivalent specification to that of Lucas Branded Products being supplied to Lucas under this Agreement, on the basis of broadly equivalent quantities to be delivered within a broadly equivalent timeframe and having regard to market structures, are less than the prices then being charged by Indiel to Lucas for Lucas Branded Products then Indiel shall charge those more favourable prices to Lucas with immediate effect for as long as those more favourable prices shall continue to be charged or offered.
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MOST FAVOURED CUSTOMER. Flextronics acknowledges and agrees that Nortel Networks’ Prices, terms and conditions hereunder (including, without limitation, the waiver included in Section 25.13) are [•] than the Prices, terms and conditions on which any customer of Flextronics, under substantially similar terms and conditions for substantially similar service volumes and quantities, is required to make payment to Flextronics. If [•] Prices, terms or conditions than the Prices, terms or conditions set out herein are granted to any current or future customer of Flextronics under substantially similar terms and conditions for substantially similar service volumes and quantities, Flextronics shall advise NNL in writing [•].
MOST FAVOURED CUSTOMER. (a) If the Seller charges to, or otherwise agrees to be paid by, any other person a lower price (exclusive of Taxes, duties, transportation and freight, and taking into account any rebates, incentives, credits and similar inducements and compromises) for any Product (or any good or product that is the same as or similar to any Product), Seller will promptly notify Buyer, such notice to set out each affected Product, the applicable lower price therefor charged to or paid by such other person and the date on which (or the duration for which) each such lower price became or will become effective (or the duration for which such lower price has been or will be in effect) with respect to each such Product.
(b) Notwithstanding any provision of this Agreement or of any Purchase Order to the contrary, in all cases Buyer will be required to pay only the lower price charged to or paid by such other person as set forth in the notice contemplated by Section 4.02(a). Such adjusted price shall be applicable to any previous purchases made by a Buyer Party or any future purchases, but shall only apply to an aggregate quantity of the corresponding Products that is equal to the quantity that was purchased by such other person at the lower price. In respect of any Products affected by this provision for which payment has been made by Buyer, Buyer will be entitled, at its election, to either: (a) a credit equal to the amount (the “Adjustment Amount”) by which Xxxxx’s aggregate payments to Seller for such affected Products exceed the aggregate purchase price for such Products that would have applied had the applicable lower prices applied during the applicable period; or (b) the payment by Seller to Buyer of an amount in cash equal to the Adjustment Amount within 30 days’ following Xxxxx’s notice to Seller.
MOST FAVOURED CUSTOMER. 12 BPS's Supplier Manual................................................12
MOST FAVOURED CUSTOMER. The Supplier undertakes that when dealing with its Contracting Bodies and potential Contracting Bodies from time to time it shall not discriminate against the Authority. In particular, but without limitation, the Supplier shall not during the Term enter into a contract with any other customer for the provision of services substantially similar to the Available Services at prices or other terms and conditions which, taken together, are more favourable to that customer than those available under this Framework Agreement ("Preferable Terms"), unless it first offers to provide those Preferable Terms to the Authority pursuant to Clause 34 (Variations). If the Supplier discriminates against the Authority by failing to provide the Authority with the benefit of Preferable Terms the Authority shall be entitled to escalate the matter for resolution in accordance with Clause 43 (Dispute Resolution), provided that if the matter is not resolved by the such dispute resolution procedures within twenty (20) Working Days of such escalation, the Authority shall be entitled to terminate this Framework Agreement without any further liability to the Supplier. Purpose, Frequency and Scope of Benchmark Review The Authority may on reasonable request, require the Supplier to carry out Benchmark Reviews of Venue and Event prices during the Term of this Framework Agreement and until either the later of termination or expiry of this Framework Agreement or the termination or expiry of the last Call-Off Agreement made under this Framework Agreement. The Authority shall not be entitled to request a Benchmark Review during the 6 month period from the Commencement Date nor at intervals of less than 12 months after any previous Benchmark Review. The purpose of a Benchmark Review will be to establish whether the Benchmarked Rates are, individually and/or as a whole, Good Value The rates that are to be the Benchmarked Rates will be identified by the Authority in the writing. Each Party shall bear its own costs of the Benchmark Review. Benchmarking Process The Supplier shall produce and send to the Authority for approval, a draft plan for the Benchmark Review. The plan must include: a proposed timetable for the Benchmark Review; a description of the benchmarking methodology to be used; a description that demonstrates objectively and transparently that the benchmarking methodology to be used is capable of fulfilling the benchmarking purpose; and a description of how the Supplier will scope and...
MOST FAVOURED CUSTOMER. 6.6.1 From the date of this Agreement, if the CONTRACTOR enters into a substantially similar services agreement on substantially similar terms and conditions for the provision of medical services substantially similar to the Services provided under this Agreement with any other UK customer, whether a private or public body, at prices, payment terms, and/or other terms or conditions which, taken in the aggregate, are more favourable to the customer (“More Favourable Terms”) than those provided by the CONTRACTOR to the AUTHORITY, the AUTHORITY shall be entitled to the More Favourable Terms under this Agreement.
6.6.2 The parties shall negotiate in good faith pursuant to Clause 6.1.4 (and not otherwise) to agree a fair and reasonable abatement of the Charges or amendments to other terms and conditions to reflect the More Favourable Terms. In negotiating the More Favourable Terms, the parties shall take account of an adjustment (to the extent it can be reasonably quantified) to reflect any material differences in the services or the terms and conditions thereto and the CONTRACTOR’s costs in providing the services including (without limitation) the extent to which the services provided differ in size, complexity or term.
6.6.3 If the parties fail to agree an abatement of the Charges or amendments to other terms and conditions pursuant to Clause 6.6.2 the question between them shall be subject to expert determination pursuant to Clause 10.13.
