Competitively Sensitive Agreement definition

Competitively Sensitive Agreement means any agreement for use of the Company’s or any Company Subsidiary’s products or services which, as the CEO determines in good faith and relying upon written opinion of counsel (a copy of which shall be provided to the Board pursuant to Section 8.16) (the “Opinion”), (A) was negotiated on an arm’s-length basis, (B) may not be shared under applicable antitrust laws or regulations with representatives of actual or potential competitors of the counterparty who are either Directors, Alternate Directors or Board Observers and (C) includes material terms which cannot reasonably be shared with the Board (after giving effect to any proposed Director recusals) in a manner that does not reveal any competitively or commercially sensitive information, the disclosure of which would be prohibited under applicable antitrust laws or regulations; provided, that the Board shall have the right to appoint outside counsel, at the Company’s sole expense, to review and confirm the conclusions of the Company’s counsel with respect to the determination under (B) and (C).
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Examples of Competitively Sensitive Agreement in a sentence

  • The Company may not enter into any Competitively Sensitive Agreement, unless the CEO notifies the Board in writing, which notice shall be delivered to the Board together with the Opinion, prior to entering into a Competitively Sensitive Agreement (and any amendment thereof) identifying the parties to such agreement and the general subject matter of such agreement.

Related to Competitively Sensitive Agreement

  • Competitive solicitation means a formal, advertised procurement process, other than an Invitation to Bid, Request for Proposals, or Invitation to Negotiate, approved by the Board to purchase commodities and/or services which affords vendors fair treatment in the competition for award of a District purchase contract.

  • Commercially Sensitive Information means the Information (i) listed in the Commercially Sensitive Information Schedule; or (ii) notified to the Authority in writing (prior to the commencement of this Contract) which has been clearly marked as Commercially Sensitive Information comprised of information:

  • Competitive Product means a product or service, made or provided by a Competitor, which is the same as or is directly competitive with one with respect to which the Employee acquired confidential information relating to the Company, or its business, products or services by reason of the Employee's work with the Company.

  • Anti-competitive practice means any collusion, bid rigging or anti- competitive arrangement, or any other practice coming under the purview of the Competition Act, 2002, between two or more bidders, with or without the knowledge of the Bank, that may impair the transparency, fairness and the progress of the procurement process or to establish bid prices at artificial, non- competitive levels;

  • Sensitive Information means controlled unclassified information of a commercial, financial, proprietary, or privileged nature. The term includes technical data and computer software, but does not include information that is lawfully, publicly available without restriction.

  • Sensitive Data means a category of personal data that includes:

  • Competitive service means any service offered by an electric