Preferred Vendor Sample Clauses
A Preferred Vendor clause designates specific suppliers or service providers that a party must use or give priority to when procuring goods or services under the agreement. Typically, this clause lists the approved vendors and may outline the process for adding or removing vendors, as well as any exceptions where alternative suppliers can be used. Its core function is to streamline procurement, ensure quality or pricing consistency, and leverage negotiated terms with selected vendors, thereby reducing risk and administrative complexity for the parties involved.
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Preferred Vendor. The quantities of Wafers to be supplied by MEMC hereunder assume that in any Contract Year such amount of Wafers will be approximately [***]% of Conergy’s then current solar wafer demand, and the Yearly Target Quantities of Wafers set forth in Attachment B, as modified by Section 2.2(a), reflect this mutual intention of the parties. In addition, MEMC shall be considered as a preferred vendor and shall have an annual right of first refusal (but not an obligation, unless MEMC would be so obligated pursuant to Section 2.2(a) hereof) to negotiate with Conergy to supply Conergy with additional Wafers, in excess of [***] percent ([***]%) of Conergy’s then current demand for Wafers (such potential amount, the “Additional Wafer Supply”). The price per watt for such Additional Wafer Supply shall be negotiated by the parties. If the parties are unable to reach agreement on price and quantity for such Additional Wafer Supply by May 1 for the ensuing Contract Year commencing on July 1, Conergy may buy such Additional Wafer Supply from other suppliers. Such Additional Wafer Supply, if supplied by MEMC, shall not be added to the Yearly Minimum Quantity for the then current Contract Year or any Contract Year thereafter unless the parties expressly agree.
Preferred Vendor. If this Agreement resulted from a solicitation where Contractor claimed Preferred Vendor status in its response per Section 405 of the San Diego County Administrative Code, Contractor shall perform a commercially useful function (as that term is defined in California Military and Veterans Code § 999 or successor statute) throughout the term of this Agreement.
Preferred Vendor. BSQUARE shall be a preferred Microsoft vendor for Microsoft Visual Tools for Windows CE projects.
Preferred Vendor. To the extent Company establishes during the ---------------- Term a "preferred vendor" program offering vendor participants promotional advantages and opportunities, Company will offer Jutvision an opportunity to participate in such preferred vendor program on terms consistent with those offered to other vendors of Company.
Preferred Vendor. ▇▇▇▇▇▇.▇▇▇ will be the preferred provider of ---------------- Virtual Tour Images for the Company Site for rental properties ("Rental Properties"). Company agrees to give ▇▇▇▇▇▇.▇▇▇ preferred vendor status in Company's rental-related marketing materials and other direct sales efforts, whether printed, oral or on the Company Site, by listing ▇▇▇▇▇▇.▇▇▇ first before listing any other providers of virtual tours. ▇▇▇▇▇▇.▇▇▇ will be a nonexclusive provider of Virtual Tour Images for the Company Site for residential sale properties ("Sale Properties").
Preferred Vendor. For so long as Contractor complies with the terms of this Agreement and for so long as its price for Product is competitive, Synergy shall appoint Contractor as Synergy’s preferred and primary supplier of the Product, meaning that Synergy will provide Contractor the first opportunity (taking into account factors regarding Contractor’s quality, timing and capacity) to supply up to at least seventy five percent (75%) of Synergy’s commercial supply of Products.
Preferred Vendor. For the term of this Agreement, Seller shall be the preferred provider to Buyer of all products listed on Seller’s published price lists to be appended to this Agreement, including but not limited to Seller’s Access, BBRS, Outside Plant, Power, and Optical Networks business units and all services provided by Seller. Any such products and services shall be provided pursuant to certain terms and conditions specific to each business unit to be mutually agreed upon in an addendum to this agreement. Subject to the provisions of Article 6, subpart 6.1(j) of the Loan and Security Agreement, invoices for all products purchased from Seller under this Agreement will count towards the draw down requirements of the Loan and Security Agreement. Only Products listed in Exhibit B (purchased from the Access business unit) will be credited towards the minimum purchase amount defined in Section 5.4 of this Agreement. As the preferred provider, Seller shall have the first right of refusal, but not the obligation, to provide such products and services to Buyer. Such first right of refusal for Seller is subject to Seller’s ability to provide the products and services, as the case may be, at market competitive prices, under satisfactory delivery standards and with the functionality required by Buyer. In the event Buyer reasonably determines that Seller’s prices are not market competitive, the delivery standards are unsatisfactory, or the functionality required by Buyer is not met for such products, Buyer shall notify Seller of the reason(s) for the determination in writing prior to procuring products from another source. Buyer shall have the final decision as to whether the Seller’s Product is acceptable, provided that the reasons given for refusing the Seller’s product is reasonable. The parties recognize that, without diminishing the importance or materiality of any other provision of this Agreement, this Section 13.18 is a material inducement to Seller’s entering into this Agreement.
Preferred Vendor. Buyer will give Seller the same opportunity to sell its Yaskawa Products to Buyer for resale to Semiconductor Customers as Buyer provides to itself or any third party in their sale of atmospheric robotics products for such Semiconductor Customers, which means that (i) Buyer will keep Seller informed of its future (whether actual or potential) requirements of atmospheric robotic products for the Semiconductor Industry, (ii) Buyer shall notify Seller promptly after receipt of an inquiry from a Semiconductor Customer regarding the supply of an atmospheric robotics product for the Semiconductor Industry and will provide Seller with the Required Bid Information with such notice, (iii) within 10 Business Days (or such longer period as the parties may agree on a case by case basis based on the actual requirements of the Semiconductor Customer) of receipt of such notification and Required Bid Information from Buyer (the "DETERMINATION PERIOD"), Seller shall respond to Buyer indicating whether Seller elects to supply the Yaskawa Product and, if so, providing a preliminary estimate of the lead time and price for the same (each estimate, a "PROJECT BID") and (iv) if Seller provides a Project Bid to Buyer in the Determination Period, Buyer will present Seller's Project Bid to its Semiconductor Customer; provided that Buyer may inform its Semiconductor Customer of its obligations under the foregoing process and, if the Semiconductor Customer instructs Buyer that the Semiconductor Customer is not interested in acquiring Seller's atmospheric products, for any or no reason, Buyer shall be deemed to have complied with the foregoing process for such sale of Products to such Semiconductor Customer. If Buyer does not provide Seller with the Required Bid Information pursuant to clause (ii) above, (A) Seller shall provide Buyer with written notice within three (3) Business Days of receipt of notification from Buyer under clause (ii) of what Required Bid Information is missing and (B) if the notification under clause (A) is delivered in that timeframe, (1) The Determination Period shall recommence once the Buyer provides Seller with such Required Bid Information and (2) the process set forth in clauses (ii) through (iv) above shall recommence upon such delivery. Notwithstanding anything to the contrary herein, Buyer will use good faith efforts to obtain all the items set forth on Schedule C, but shall be deemed to have met its obligation to provide all Required Bid Information s...
Preferred Vendor. 8.1 Each of the parties agrees in principle to grant priority to the JV Company as its vendor subject to terms to be agreed upon.
Preferred Vendor. (a) Cendant hereby agrees that, for the Term of this Agreement (as described below), Vendor shall be an exclusive vendor for the Franchisees for online courses and other prepared materials offered on a pay per view basis for credit toward state real estate professionals' licensing requirements ("Continuing Education Courses") and a non-exclusive vendor for real estate professional-development courseware (together with the Continuing Education courses, the "Vendor Services"), as further described in Exhibit A to this Agreement, to Franchisees and their agents recommended to the Franchisees located and operating in the fifty (50) states of the United States and the District of Columbia (the "Territory"). Cendant agrees that the Franchisors will actively promote Vendor and the Vendor Services to the Franchisees in the Territory. In no event, however, shall this Agreement apply to (i) any Franchisees located or operating outside the Territory, and (ii) to any products or services Vendor may offer to the public other than the Vendor Services. The parties further acknowledge and agree that the exclusivity provision set forth in this Section 1(a) shall not apply to any existing or future business, division, operation, system or affiliate of Cendant other than the Franchisors of the Systems.
(b) During the Term of this Agreement, Vendor shall offer the Vendor Services to the Franchisees through programs developed in cooperation with Cendant. Exhibit B, sets forth Vendor's current price schedule (or related discounts thereto) for the Vendor Services. Vendor may modify this pricing schedule only upon a minimum of thirty (30) days prior written notice to Cendant.
(c) For each order of the Vendor Services by Franchisees, Vendor shall enter into a User Agreement with the purchasing Customer for such order. A sample form of the User Agreement is attached hereto and made part hereof as Exhibit B. Vendor agrees to negotiate in good faith the terms of the service agreement with each purchasing customer. Vendor shall be responsible for processing all customer orders and collecting all payments from Franchisees relating to the Vendor Services. Vendor shall provide, at its cost, a toll-free telephone number(s) for customer inquiries including customer service, account and billing information and instructions for ordering the Vendor Services.
(d) Vendor shall, at its expense, develop marketing materials for use in connection with promoting the Vendor Services to Franchisees wh...