Subscribers That Are Not Multi-Territory Accounts Sample Clauses

Subscribers That Are Not Multi-Territory Accounts a. Subject to paragraph b. below, in the event the License Agreement terminates or expires prior to the termination of an Adjunct Services Subscriber Contract for Services being delivered in the Territory and such Contract is not a Multi-Territory Contract, then Licensee shall sell to Muzak all of its rights in such Adjunct Services Subscriber Contract, together with related equipment (including the Earth Station if applicable), for a price determined in the manner set forth in this Section 3.2. Upon such sale, Muzak shall assume all of Licensee's obligations relative to performance of such Subscriber Contract and with respect to such related equipment accruing after the date of transfer. In the event such termination or expiration of the License Agreement is due to the bona fide, arm's length purchase of Licensee's subscriber contracts for a price based on a multiple of Recurring Adjunct Services Gross Xxxxxxxx (as hereinafter defined), Muzak's purchase price hereunder shall be determined by multiplying 50% of such arm's length multiple times the Recurring Adjunct Services Gross Xxxxxxxx attributable to the Adjunct Services Subscriber Contract being purchased. In all other cases, Muzak's purchase price hereunder shall be the result of multiplying 50% of the Prevailing Adjunct Services Multiple (as hereinafter defined) times the Recurring Adjunct Services Gross Xxxxxxxx attributable to such Contract. As used herein, (i) the term "Recurring Adjunct Services Gross Xxxxxxxx" means the average recurring monthly xxxxxxxx to a Subscriber for the Adjunct Services and related equipment, net of sales taxes, and (ii) the term "Prevailing Adjunct Services Multiple" means the average of the arm's length multiples used to determine the purchase prices of the three most recently reported (to Muzak) sales of the businesses of MUZAK(R) licensees, to the extent such prices were based on arm's length multiples of Recurring Adjunct Services Gross Xxxxxxxx and such multiples can be independently verified as such. Notwithstanding the foregoing, in the event that (i) prior to the date of Muzak's purchase of Licensee's rights under an Adjunct Services Subscriber Contract, Licensee and/or Muzak have received formal notice that such Contract will be terminated (without renewal) for reasons unrelated to the transfer thereof to Muzak, and (ii) the number of calendar months remaining between the date of such purchase by Muzak and the date of such termination of the Contract is less t...
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Related to Subscribers That Are Not Multi-Territory Accounts

  • Certification Regarding Prohibition of Boycotting Israel (Tex Gov. Code 2271)

  • Certification Regarding Prohibition of Certain Terrorist Organizations (Tex Gov. Code 2270) Certification Regarding Prohibition of Boycotting Israel (Tex. Gov. Code 2271) 5 Certification Regarding Prohibition of Contracts with Certain Foreign-Owned Companies (Tex. Gov. 5 Code 2274) 5 Certification Regarding Prohibition of Discrimination Against Firearm and Ammunition Industries (Tex.

  • Convicted, Discriminatory, Antitrust Violator, and Suspended Vendor Lists In accordance with sections 287.133, 287.134, and 287.137, F.S., the Contractor is hereby informed of the provisions of sections 287.133(2)(a), 287.134(2)(a), and 287.137(2)(a), F.S. For purposes of this Contract, a person or affiliate who is on the Convicted Vendor List, the Discriminatory Vendor List, or the Antitrust Violator Vendor List may not perform work as a contractor, supplier, subcontractor, or consultant under the Contract. The Contractor must notify the Department if it or any of its suppliers, subcontractors, or consultants have been placed on the Convicted Vendor List, the Discriminatory Vendor List, or the Antitrust Violator Vendor List during the term of the Contract. In accordance with section 287.1351, F.S., a vendor placed on the Suspended Vendor List may not enter into or renew a contract to provide any goods or services to an agency after its placement on the Suspended Vendor List. A firm or individual placed on the Suspended Vendor List pursuant to section 287.1351, F.S., the Convicted Vendor List pursuant to section 287.133, F.S., the Antitrust Violator Vendor List pursuant to section 287.137, F.S., or the Discriminatory Vendor List pursuant to section 287.134, F.S., is immediately disqualified from Contract eligibility.

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  • Dissemination of Research Findings and Acknowledgement of Controlled-Access Datasets Subject to the NIH GDS Policy

  • Establishment of a Free Trade Area The Parties to this Agreement, consistent with Article XXIV of the General Agreement on Tariffs and Trade 1994 (GATT 1994) and Article V of the General Agreement on Trade in Services (GATS), hereby establish a free trade area.

  • Monopolies and Exclusive Service Suppliers 1. Each Party shall ensure that any monopoly supplier of a service in its territory does not, in the supply of the monopoly service in the relevant market, act in a manner inconsistent with that Party's Schedule of specific commitments. 2. Where a Party's monopoly supplier competes, either directly or through an affiliated company, in the supply of a service outside the scope of its monopoly rights and which is subject to that Party's Schedule of specific commitments, the Party shall ensure that such a supplier does not abuse its monopoly position to act in its territory in a manner inconsistent with such commitments. 3. If a Party has reason to believe that a monopoly supplier of a service of the other Party is acting in a manner inconsistent with paragraphs 1 or 2 above, it may request that Party establishing, maintaining or authorising such supplier to provide specific information concerning the relevant operations. 4. The provisions of this Article shall also apply to cases of exclusive service suppliers, where a Party, formally or in effect: (a) authorises or establishes a small number of service suppliers; and (b) substantially prevents competition among those suppliers in its territory.

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