Preferred Vendor Status. RFMD shall give JAZZ the first right of refusal to supply all RFMD silicon demand, provided JAZZ is competitive in pricing, technology, quality and delivery, and further provided no material breach as reasonably determined in good faith by RFMD, by Jazz or other Jazz board members, of the Confidentiality Agreement or confidentiality provisions of the Company Second Amended and Restated Stockholder Agreement signed contemporaneously herewith occur.
Preferred Vendor Status. Upon the Closing, Citi shall designate Virtusa and Polaris and, subject only to Citi’s consent right pursuant to Section 19 of the Agreement not to be unreasonably withheld, their direct and indirect subsidiaries, (collectively, the “Company”) as a preferred vendor for Global Technology Resource Strategy (“GTRS”) for the provision of IT services to Citi on an enterprise wide basis (“GTRS Preferred Vendor”). As a GTRS Preferred Vendor, the Company will have the opportunity, from and after January 1, 2016, to bid on additional GTRS IT services and engagements, at Citi’s reasonable discretion, including potential supplier consolidation initiatives Citi may conduct in the future.
Preferred Vendor Status. TriZetto shall be the preferred application services provider and transformation services provider to IMS from the date hereof and for a period of five (5) years following the Closing Date. As the preferred provider, to the extent that TriZetto offers application services and transformation services, including consulting and implementation services, that IMS seeks to obtain from a third party, at levels of price, quality and service that are competitive with the levels obtainable by IMS in an arm's length transaction with a third party, TriZetto will be given the first opportunity to submit bids to provide such services. After the date hereof, each of the parties agrees to cooperate in good faith and use their respective reasonable best efforts to formalize the terms of such preferred vendor status in an agreement mutually acceptable to both parties.
Preferred Vendor Status. (1) It is the intention of BFI and Duke/UAE Ref-Fuel that the Partnership, or an appropriate Project Company, will construct, own and operate, at competitive prices, terms and conditions, any waste-to-energy plants which would be required by BFI for its sole or principal use as a provider of waste. BFI, in its capacity as the vendee of the services of the Partnership or a Project Company and Duke/UAE Ref-Fuel and BFI, each acting through its subsidiary that is a partner in the Partnership or the appropriate Project Company, will employ reasonable business efforts to achieve this goal. Accordingly, the Partnership and the Project Companies will be the preferred vendor to BFI for all procurement by BFI of waste-to-energy plant services of the types then being offered by them. The status of the Partnership and the Project Companies as the "preferred vendor" shall mean that BFI and its Affiliates will not, so long as the Partnership is at least 45% owned by BFI (whether directly or through Affiliates), purchase any such services from any unaffiliated third party unless BFI or its Affiliates has determined in the exercise of its reasonable business judgment that the overall value, in terms of price, terms and conditions, quality, documentation, service and other matters, of such services available from the Partnership and the Project Companies is not competitive with that available from such other party, in which event BFI and its Affiliates may purchase such services from such other party; provided, however, that BFI and its Affiliates shall be excused from the foregoing obligation if, upon written notice to the Partnership, BFI or its Affiliates advises that
35 39 (i) the Partnership has failed to respond within a reasonable period of time to a request by BFI (or its Affiliates) for a price quotation or other terms or information with respect to such services or has failed to commit to deliver such services within the time period in which BFI (or its Affiliates) shall have required such services to be delivered, which time period, in either case, shall not be substantially shorter than the time period that would have been required from or allowed to an unaffiliated third party; or (ii) in BFI's reasonable business judgment, it is not appropriate for the Partnership or a Project Company to furnish the particular service in light of the Partnership's expertise and experience; provided further that nothing in this Section 6.2 shall authorize BFI or its Affiliate...
Preferred Vendor Status. 38 SECTION 11 MISCELLANEOUS.....................................................38
Preferred Vendor Status. Provided there is no Event of Default by Pennsy hereunder, and provided AES determines to construct the AES Plant, AES agrees to purchase, or to cause its contractors to purchase, if economically appropriate, the following materials from Pennsy for use in the initial construction of the AES Plant and all related improvements: stone, gravel, sand, concrete and asphalt paving.
Preferred Vendor Status. CLS, and its City Trees branded wholesale subsidiary, shall have “preferred vendor” status at all Tribal stores with respect to sales of CLS product to such Tribal stores. In such connection, all Tribe stores will review the City Trees product line and consider its products favorably for inclusion in its retail inventory. City Trees/CLS shall sell its products to the Tribe, or produce its products on a “white label” basis for the Tribe, at [***].
Preferred Vendor Status. (a) During the Term, Xxxxx will not directly or indirectly (i) promote or market itself or any third party, on the Xxxxx Database, the Xxxxx Products or elsewhere, as a provider of Virtual Tour Images; (ii) provide the services of capturing or processing Virtual Tour Images; (iii) use the services of, or enter into any arrangement under which services will be provided by, any third party with respect to capturing or processing Virtual Tour Images; (iv) permit any Virtual Tour Images (other than those supplied by xxxxxx.xxx) or any site or identity of a third party provider of Virtual Tour Images, or technology or services therefor, to be posted to, linked to or otherwise made accessible through the Xxxxx Database or Xxxxx Products; or (v) take any other action inconsistent with the parties' understanding hereunder that xxxxxx.xxx will act as the preferred provider of Virtual Tour Images, and production services therefor.
(b) Notwithstanding the foregoing, nothing in this Agreement is intended or shall be construed to limit the ability of any Xxxxx Customer directly or indirectly to (i) promote or market itself or any third party, on the Xxxxx Products, the Xxxxx Database or elsewhere, as a provider of Virtual Tour Images; (ii) provide the services of capturing or processing Virtual Tour Images; (iii) use the services of, or enter into any arrangement under which services will be provided by, any third party with respect to capturing or processing Virtual Tour Images; or (iv) permit any Virtual Tour Images or any site or identity of a third party provider of Virtual Tour Images, or technology or services therefor, to be posted to, linked to or otherwise made accessible through the Xxxxx Database.
Preferred Vendor Status. 1. Advanced shall have “Preferred Vendor” status. Under such status to assist District with obtaining Clinicians, Advanced shall be given ten (10) business days to fill all new orders prior to such order being sent to any other vendor. If Advanced has not identified an acceptable Clinician during the ten (10) business day period, District may send the order to other vendors. If District makes any changes to an order that has been submitted to other vendors, Agency shall be given two (2) business days to fill such revised order before the revised order is sent to any other vendor.
Preferred Vendor Status a) FirstEnergy shall make recommendations concerning the procurement of the Energy Supply and Services and recommendations for the provider of such services, which, Company acknowledges, shall in most cases be FirstEnergy, either directly or as broker. FirstEnergy shall not be required to obtain competitive bids to support its recommendations.
b) FirstEnergy shall be entitled to a first look at providing all Energy Supply and Services to Company. Company acknowledges FirstEnergy as the preferred provider of such services, with a right to provide, at FirstEnergy's option, the Energy Supply and Services, so long as the proposal from FirstEnergy is competitive, as determined under Section 3 above. In any circumstances where the Company rejects FirstEnergy as the provider, FirstEnergy at its option shall be entitled to a right of first refusal on any third party vendor proposal.
