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).
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. 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. 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. 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. State may also arrange for Preferred Status for Covered Product.
3.2.1. With respect to covered outpatient drugs reimbursed on an FFS basis, Covered Product may have Preferred Status. If relevant, details about Covered Product’s Preferred Status in the FFS setting are described in Appendix A.
3.2.2. With respect to covered outpatient drugs reimbursed by MCOs, State will work with MCOs to ensure that Covered Product has Preferred Status. If relevant, details about Covered Product’s Preferred Status in the MCO setting are described in Appendix A.
3.2.3. State may subject Covered Product to prior authorization, step-edit therapy and other management tools that it applies to other drugs within the Product Class.
Preferred Status. If during the one-year period following the Closing Date, (i) S-A actively enters into the data communications for utilities business utilizing satellite communication, or manufactures and/or markets a satellite communication meter-reading module, it shall discuss with Comverge regarding the use of Comverge as a preferred distributor of such products on terms to be mutually acceptable to S-A and Comverge, or (ii) S-A actively engages in the manufacture, marketing and/or distribution of data communications products for energy related data using the cable television set-top boxes, it shall discuss with Comverge regarding the use of Comverge as a preferred supplier of components for the manufacture of such products and as a preferred distributor of such products on terms to be mutually acceptable to S-A and Comverge. In neither event shall either party have any obligation to the other absent a signed agreement setting forth the terms and conditions of the proposed relationship.
Preferred Status. Nothing contained herein will be construed as a waiver by Shipowner of the preferred status of this Mortgage, and any provision which would otherwise constitute such a waiver shall to such extent be of no force or effect.
Preferred Status. NTT will have the right to participate in Commerce One's program for third party participation in periodic design review meetings with Commerce One's collaboration partners for the Software. In addition, Commerce One will provide a dedicated Commerce One liaison to be located in Japan during Phase II.