Price Protection. 1. The Provider shall ensure that all prices, terms, and warranties included in this Agreement are comparable to, or better than, the equivalent terms being offered by the Provider to any present customer meeting the same qualifications or requirements as the Department. If, during the term of this Agreement, the Provider enters into agreement(s) that provide more favorable terms to other comparable customer(s), the Provider shall provide the same terms to the Department.
2. If Federal funding is used for the acquisition of products and/or services under this Agreement, interest cannot be paid under any installment purchase or lease-purchase agreement entered into as a part of this Agreement.
Price Protection. Contractor warrants that prices of materials, supplies, services, and/or equipment set forth herein do not exceed those charged by the Contractor to any other customer purchasing the same under similar conditions and in like or similar quantities.
Price Protection. As to each Purchaser, from the date hereof until the 9 month anniversary of the Effective Date, if the Company or any Subsidiary thereof shall issue any Common Stock or Common Stock Equivalents entitling any person or entity to acquire shares of Common Stock at an effective price per share less than the Per Share Purchase Price (the “Discounted Purchase Price”, as further defined below), within 5 Trading Days of the date thereof the Company shall issue to such Purchaser that number of additional shares of Common Stock equal to (a) the Subscription Amount paid by such Purchaser at the Closing divided by the Discounted Purchase Price, less (b) the Shares previously issued to such Purchaser pursuant to this Agreement. The term “Discounted Purchase Price” shall mean the amount actually paid by third parties for a share of Common Stock. The sale of Common Stock Equivalents shall be deemed to have occurred at the time of the issuance of the Common Stock Equivalents and the Discounted Purchase Price covered thereby shall also include the actual exercise or conversion price thereof at the time of the conversion or exercise (in addition to the consideration per share of Common Stock underlying the Common Stock Equivalents received by the Company upon such sale or issuance of the Common Stock Equivalents). If shares are issued for a consideration other than cash, the per share selling price shall be the fair value of such consideration as determined in good faith by the Board of Directors of the Company. The Company may not refuse to issue a Purchaser additional Shares hereunder based on any claim that such Purchaser or any one associated or affiliated with such Purchaser has been engaged in any violation of law, agreement or for any other reason, unless, an injunction from a court, on notice, restraining and or enjoining an issuance hereunder shall have been sought and obtained and the Company posts a surety bond for the benefit of such Purchaser in the amount of 150% of the market value of such Shares (based on the Closing Price of the Common Stock on the date of the event giving rise to the Company’s obligation hereunder), which is subject to the injunction, which bond shall remain in effect until the completion of litigation of the dispute and the proceeds of which shall be payable to the Purchaser to the extent it obtains judgment. Nothing herein shall limit a Purchaser’s right to pursue actual damages for the Company's failure to deliver Shares hereunder and s...
Price Protection. The fees and charges specified herein are the total fees and charges for the Services and will not be increased during the term of this Agreement except as the parties may agree in writing. Seller represents that the price stated for Services performed hereunder is at least as favorable as that charged to any other customer for the same or similar services. Any renewal of this Agreement shall be at a fee or charge which shall be the lower of (a) then prevailing prices of the Customer; or
Price Protection. If during the period from the Closing of the Offering in which the Subscriber participates until the Price Protection End Date (as defined below), the Company shall issue Additional Shares of Common Stock (as defined below) for a consideration per share, or with an exercise or conversion price per share, less than the Purchase Price (adjusted proportionately (or if it cannot be adjusted proportionately, then equitably) for any event described in clause (ii) of the following paragraph occurring after the respective Closing of the Offering) (the “Lower Price”), the Subscriber shall be entitled to receive from the Company (for no additional consideration), additional Shares in an amount such that, when added to the number of Shares purchased by the Subscriber under this Agreement, will equal the number of Shares that the Subscriber’s Purchase Price for the Shares set forth on the Subscriber’s signature page hereof would have purchased at the greater of (A) the Lower Price, and (B) the Floor Price (as defined below); provided, however, that for the avoidance of doubt, if the Subscriber is a director, executive officer, employee, or other affiliate of the Company at the time of the applicable Closing, or at any time within the three months preceding such Closing was a director, executive officer, employee or other affiliate of the Company, the Subscriber will not receive price-protection rights in the Offering, including under this Section 18; provided, further, that, (i) no Subscriber will receive the price protection rights in the Offering, including under this Section 18, to the extent that receipt thereof would cause the Company to issue more than 20% of the number of shares of Common Stock outstanding prior to the commencement of the Offering, and (ii) the Company may allocate price protection rights among Subscribers in its sole discretion.
Price Protection. Seller warrants that the prices for the Product(s) are not less favorable than those currently extended to any other customer for the same or like goods in equal or less quantities. In the event Seller reduces its price for such Product(s) during the term of this Agreement, Seller shall reduce the price of the Product(s) correspondingly.
Price Protection. (a) For purposes of this Section 11, the following definitions shall apply:
(i) The term "Acquisition Transaction" shall mean:
Price Protection. If MaxLinear reduces the list price for a Product, MaxLinear will provide Distributor with a nonrefundable credit equal to the quantity of the Product in Distributor’s inventory (and for which Distributor has already paid MaxLinear) multiplied by the difference between (a) the price previously paid by Distributor for each Product unit in its inventory and (b) MaxLinear’s new list price for the Product.
Price Protection. The charges set forth herein for the Services shall not be increased for a period of two (2) years after commencement of Services hereunder. Thereafter, such prices may be increased to Vendor’s prevailing prices to its Customers generally for similar services, not to exceed, in any event, an increase of ten percent (10) per year over the previous year’s price.
Price Protection. If the relationship involves periodic payments over an extended period of time, the vendor will want the freedom to raise prices in the future rather than be locked in to the current pricing indefinitely. The customer in this circumstance will want to seek some form of price protection, such as a period for which no increases are permitted and thereafter that increases may be made only annually, and then only up to a maximum amount. These limiting amounts can be based on a percentage of the current pricing, COLA-type external percent- ages, or a combination of both (and either the greater or lesser of these percentages).
