Preferred Status. Anything herein to the contrary notwithstanding, it is intended that nothing herein shall waive the preferred status of this Mortgage and that, if any provision or portion hereof shall be construed to waive the preferred status of this Mortgage, then such provision or portion to such extent shall be void and of no effect.
Preferred Status a) During the Term or any Renewal Term of this Agreement, RCC shall be designated as a “preferred” but nonexclusive provider of online and on-site auction services by Caterpillar as provided in this Agreement. In consideration of such designation and in accordance with the terms of this Agreement, RCC shall provide use of its sites (physical and online) to Caterpillar and Cat dealers on which Caterpillar and Cat dealers can consign, list and advertise equipment and other items for sale to potential buyers, as further described below, on a commission rate structure that is a discount to RCC’s standard rates and as further described in Section 4.4.
b) Subject to the terms of Section 4.12 of this Agreement, RCC shall designate Cat Financial and Cat Insurance as “preferred” but nonexclusive providers of financial and insurance products that purchasers of equipment branded with a trademark owned by Caterpillar may desire or require, provided that Cat Financial (i) offers financial terms that are equal to or better than other providers, (ii) pays the same fees paid by other providers, (iii) integrates into the Xxxxxxx Bros. Financial Services’ (“RBFS”) platform and (iv) maintains the same standards of service required of other lenders on the RBFS platform (e.g., timeliness of credit decision). [ *** ] Confidential Information has been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to this omitted information.
c) Subject to the terms of Section 4.12 of this Agreement, RCC shall include Cat Financial and Cat Insurance products (including powertrain assurance programs) in its RBFS and RCC offerings, as applicable, for all equipment, provided that Cat Financial (i) pays the same fees paid by other providers, (ii) integrates into the RBFS platform and (iii) maintains the same standards of service required of other lenders on the RBFS platform (e.g., timeliness of credit decision).
d) RCC agrees to designate Cat dealers as preferred service providers for the servicing of equipment branded with a trademark owned by Caterpillar to the extent RCC uses an outside or non-RCC service provider for such servicing.
Preferred Status. Nothing contained herein shall be construed as a waiver by the Mortgagees or shall waive the preferred status of the Mortgage and any provisions which would otherwise constitute such a waiver shall to such extent be void and have no force and effect. Nothing herein is intended to or shall effect the perfection or priority of the Mortgage.
Preferred Status. 8.1 SmarTire shall provide preferred status to Visteon in accordance with:
8.1.1. If SmarTire is informed or becomes aware of a tire monitoring opportunity with an OEM customer, SmarTire shall contact Visteon to arrange for a presentation of the SmarTire-Visteon tire monitoring solution.
8.1.2. If SmarTire is informed or becomes aware of a tire monitoring opportunity with an OTHER CUSTOMER, SmarTire shall contact Visteon to discuss pursuit of the opportunity on a case-by-case basis per Articles 2.2.2 and 9.1.2 and Visteon shall not unreasonably withhold or delay advising SmarTire in writing or email of its intent to participate with this potential customer (objective is within five days of notification by SmarTire). In the event that Visteon declines to pursue the opportunity with SmarTire, then this customer shall be added to the list of EXCLUDED CUSTOMERS subject to later renegotiation per Article 2.4.
8.1.3. SmarTire shall make reasonable commercial efforts to work with Visteon to obtain the business in accordance with this agreement.
8.1.4. Notwithstanding the foregoing, if the OEM CUSTOMER requests that SmarTire PRODUCTS are to be used with a system provided by a different TIER 1 SUPPLIER than Visteon, or Visteon is unsuccessful in being placed on the OEM CUSTOMERS' bidders list winning the contract, or is desourced after the award of business, then SmarTire shall be permitted to work with the OEM CUSTOMER directly or with other TIER 1 SUPPLIERS to pursue the business opportunity. SmarTire may not avail itself to this provision during the first three (3) years of this Agreement without the agreement of both Visteon and SmarTire.
8.2 Visteon shall provide preferred status to SmarTire in accordance with:
8.2.1. If Visteon is informed or becomes aware of a tire monitoring opportunity with an OEM CUSTOMER, Visteon shall present the SmarTire-Visteon solution as the preferred solution for securing the business.
8.2.2. If Visteon is informed or becomes aware of a tire monitoring opportunity with an OTHER CUSTOMER, Visteon shall contact SmarTire to discuss pursuit of the opportunity on a case by case basis per Articles 2.2.2 and 9.1.2
8.2.3. Visteon shall make its reasonable commercial efforts to work with SmarTire to obtain the business in accordance with this agreement.
Preferred Status. 5.1 Revere shall use ** trunking and connectivity and network services in connection with the Services provided under this Agreement.
5.2 All of the prices, terms, conditions, warranties and benefits (collectively, "the Contract Terms") granted by Revere to TELUS under this Agreement shall be as of the Effective Date and, thereafter, for the remainder of the Term, in all material respects as favorable as the Contract Terms offered by Revere to any other customer taking into account all the circumstances of this transaction including volumes, operating conditions and the duration of this Agreement. Revere shall cooperate with TELUS to periodically verify the foregoing.
5.3 Revere shall be TELUS' preferred vendor for IVR Platform services. The term "preferred vendor" shall mean that where cost and business rationale justify, TELUS shall provide Revere with the opportunity to propose an arrangement for the provision of IVR Platform services for TELUS Prepaid Phone Cards. Negotiations with respect to use of the Revere IVR Platform services in such circumstances shall proceed on a case by case basis, based on sound business rationale, operating efficiencies and cost. (**Represents redacted material made pursuant to a confidential treatment request)
Preferred Status. MP hereby agrees that the AOL Software and the AOL-brand interactive service (the "Service") shall be the exclusive ISP and Internet service to be promoted and bundled with the Designated Products. "Exclusive" status herein means that the AOL Service is the only ISP software/service to be bundled with Designated Products, except for ISP software or services that are factory installed, or otherwise shipped with a pre-loaded operating system. In addition, MP shall prominently feature the AOL Service in all advertising, packaging and other promotion of the Designated Products.
Preferred Status. Anything herein to the contrary notwithstanding, it is intended that nothing herein shall waive the priority status of this Mortgage under the Panamanian Maritime Laws or under the corresponding provisions of any other jurisdiction in which it is sought to be enforced and that, if any provision or portion of this Mortgage shall be construed to waive its preferred status, then such provision or portion to such extent shall be void and of no effect.
Preferred Status. During the term of this Agreement, Answerthink will identify Accenture as the preferred provider of business process consulting, business process outsourcing and systems integration in the Alliance Functional Areas and Accenture will identify Xxxxxxx as the preferred provider of benchmarking services which measure and evaluate the practices and performance of a business enterprise as compared to other enterprises’ practices and performances (“Benchmarking Services”) and best practice related published research and executive education (“Research and Education Services”) in the Alliance Functional Areas. Accenture will not actively market Benchmarking Services with other service providers in the Alliance Functional Areas. Notwithstanding anything to the contrary set forth herein, in the event any Accenture client directs Accenture to use Benchmarking Services addressing the Alliance Functional Areas provided by other service providers, Accenture shall be free to work with such service providers in connection with such clients. Answerthink will not share results of Xxxxxxx Benchmarking Services with competitors of Accenture for business process consulting, business process outsourcing, or systems integration work in the Alliance Functional Areas unless either: (a) both parties agree in writing with respect to specific client instances, or (b) such work has been registered by Answerthink and rejected by Accenture.
Preferred Status. USI acknowledges that Minnesota Life's commitment to pay for the development of the Wealth Management Division is conditioned on the commitment of USI to market the ML Products. Accordingly, USI will offer certain ML Products through the WMD on a "preferred basis." That is, when an ML Product is suitable to a customer or client's needs in the reasonable judgment of USI, the ML Product or service will be offered before Competing Products are offered. The ML Products which are to be "preferred" as of the Effective Date are identified in Exhibit F. Retail individual annuities, when added to Exhibit F in 2003, will have preferred status. Any other new ML Products added to Exhibit F shall have preferred status only with the consent of USI, which consent shall not be unreasonably withheld.
Preferred Status. No Provision of this Mortgage or of the ---------------- Indenture shall be deemed to constitute a waiver by the Mortgagee of the preferred status of this Mortgage or of the Indenture which would otherwise constitute such a waiver shall to such extent be of no force or effect.
