Most Favored Customer Provision definition

Most Favored Customer Provision means a provision in a contract or other agreement that would customarily be referred to as a “most favored customer,” “most favored nation,” or “most favored pricing” provision, including any provision wherein the Company (i) warrants that the Company is not selling or licensing (or has not sold or licensed) products and/or services to any other customer or group of customers at prices or on other terms better than the pricing or terms being offered to the customer under such contract or (ii) covenants that, if the Company enters into an agreement with any other customer providing such other customer with more favorable pricing or other terms than the terms under such contract, the pricing or other terms under such contract will be made equivalent to or more favorable than such other customer’s more favorable agreement, or any provision having an effect similar to that of clause (i) or (ii) above.
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Most Favored Customer Provision means a provision in a contract or other agreement that would customarily be referred to as a “most favored customer,” “most favored nation,” or “most favored pricing” provision, including any provision wherein the Company (i) warrants that neither the Company nor any Subsidiary is selling or licensing (or has not sold or licensed) products and/or services to any other customer or group of customers at prices or on other terms better than the pricing or terms being offered to the customer under such contract or (ii) covenants that, if the Company or any Subsidiary enters into an agreement with any other customer providing such other customer with more favorable pricing or other terms than the terms under such contract, the pricing or other terms under such contract will be made equivalent to or more favorable than such other customer’s more favorable agreement, or any provision having an effect similar to that of clause (i) or (ii) above. “Net Working Capital” means the consolidated total current assets of the Company and its respective Subsidiaries taken as a whole less the consolidated total current liabilities of the Company and its respective Subsidiaries taken as a whole as of 11:59 PM Eastern Time on the day immediately preceding the Closing Date, as determined in accordance with GAAP and the principles set forth on Schedule 1.1(B), without giving effect to the consummation of the Transactions, as set forth in the Allocation Certificate; provided, however that (i) current assets shall include long-term prepaid assets associated with Amazon Web Services, (ii) current assets shall exclude Excess Cash, inter-company Accounts Receivable, all current and deferred Tax assets, and security deposits, and (iii) current liabilities shall exclude Company Debt, Transaction Expenses, Change in Control Payments, all deferred Tax liabilities, and all deferred revenue other than the amount of the Cost to Fulfill Deferred Revenue. Schedule 1.1(B) contains an illustrative calculation of Net Working Capital as though August 31, 2019 were the Closing Date. “Net Working Capital Deficiency” means the amount by which the Net Working Capital is less than the Net Working Capital Target. “Net Working Capital Target” means $0.00. “Open Source Material” means any and all software that (a) is distributed as “free software”, “open source software” or under a similar licensing or distribution model, including, but not limited to, the GNU General Public License (GPL), GNU Lesser Ge...
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Most Favored Customer Provision means a provision in a contract or other agreement that would customarily be referred to as a "most favored customer," "most favored nation," or "most favored pricing" provision, including any provision wherein Arbortext or any Subsidiary (a) warrants that Arbortext or any Subsidiary is not selling or licensing (or has not sold or licensed) products and/or services to any other customer or group of customers at prices or on other terms better than the pricing or terms being offered to the customer under such contract, (b) covenants that, if Arbortext enters into an agreement with any other customer providing such other customer with more favorable pricing or other terms than the terms under such contract, the pricing or other terms under such contract will be made equivalent to or more favorable than such other customer's more favorable agreement or (c) contains a provision similar to clause (a) or (b) above.
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More Definitions of Most Favored Customer Provision

Most Favored Customer Provision a provision in a contract or other agreement that would customarily be referred to as a “most favored customer,” “most favored nation” or “most favored pricing” provision, including any provision wherein a Consolidated Entity:
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Most Favored Customer Provision a provision in a contract or other agreement that would customarily be referred to as a “most favored customer,” “most favored nation” or “most favored pricing” provision, including any provision wherein a Consolidated Entity:
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Related to Most Favored Customer Provision

  • Covered Customer means any Person who is or was an actual customer or client (or prospective customer or client with whom a Covered Party actively marketed or made or took specific action to make a proposal) of a Covered Party as of the date of the relevant act prohibited by this Section 2(b) or during the one (1) year period preceding such date.

  • Customer Service Agreement shall have the meaning as defined in the Master Agreement. “ Customer User” means an employee of Customer, a Customer Affiliate or Business Partner.

  • Existing Customer means an individual who has purchased goods or services from a person, who is the recipient of a voice communication from that person, and who either paid for the goods or services within the 12 months preceding the voice communication or has not paid for the goods and services at the time of the voice communication because of a prior agreement between the person and the individual.

  • Indigent Customer means the head of an indigent household:-

  • Informed Customer Consent means, in the case where consent is required: (1) the Customer is provided with a clear statement of the data or information to be collected and allowable uses of that data or information by the party seeking consent; (2) the frequency of data or information release and the duration of time for which the consent is valid; and (3) process by which the Customer may revoke consent. In no case shall silence by the Customer ever be construed to mean express or implied consent to a request by the Company, or its Contractors. Customer consent shall be provided directly from the Customer and documented in writing, subject to forms and processes as defined by the Company.

  • household customer means a customer purchasing electricity for his own household consumption, excluding commercial or professional activities;

  • End Customer means any party that is licensed to receive the Data either directly or via a Redistributor or group of Redistributors.

  • Customer Agreement means a written agreement entered into between Provider and any Customer pursuant to which a Customer orders BPO Services from Provider.

  • Restricted Customer means any customer to whom or to which goods or services were provided by the Company during the two-year period prior to the date of Employee’s employment, and any potential customer of the Company that the Company solicited during the one-year period prior to the date of termination of Employee’s employment with the Company.

  • Customer Contract means any written contract or agreement (other than trade contracts) between Seller and any of its customers (or under which Seller has rights) which has been entered into and signed by the parties thereto in connection with the publication of the Directories and corresponding provision of Directory Services.

  • Service Level Agreement or SLA means the processes, deliverables, key performance indicators and performance standards relating to the Services to be provided by the Service Provider;

  • DMA Customer means a Customer of a Sponsoring Broker where representatives of the Customer that are natural persons are designated by the Sponsoring Broker to have Trading Access to the SEF Platform using the Participant ID of the Sponsoring Broker and where such Customer signs the DMA Customer Documentation.

  • Customer Proprietary Network Information (“CPNI”) is as defined in the Act.

  • New Customer has the meaning set forth in Section 17.3(b).

  • Customer Software means software which is owned by or licensed to the Customer;

  • Service Level Agreement (SLA means the Contractual Commitment that prevails between the Buyer and the Service Provider with regard to type of service to be provided, deliverables, desired performance level, reliability and responsiveness, monitoring process and service level reporting, response and issue resolution time-frame, repercussions / penalties / remedies for service provider not meeting its commitment. The SLA of a particular contract may carry the matrix regarding the delivery of the goods and/or services and the corresponding penalties or remedies and liquidated damages as applicable.

  • Network Customer means an entity receiving transmission service pursuant to the terms of the Transmission Provider’s Network Integration Transmission Service under Tariff, Part III. Network External Designated Transmission Service:

  • Customer Usage Data means the Telecommunications Services usage data of a CLEC End User measured in minutes, sub-minute increments, message units, or otherwise, that is recorded by SBC-13STATE and forwarded to CLEC.

  • Restricted Supplier means any person, company, business entity or other organisation whatsoever who has supplied goods or services to the Company or any Group Company (other than utilities and goods or services supplied for administrative purposes) during any part of the Relevant Period or who has agreed prior to the Termination Date to supply goods or services to the Company to commence at any time in the 12 months following the Termination Date.

  • Business Associate Agreement means an agreement between DSHS and a contractor who is receiving Data covered under the Privacy and Security Rules of the Health Insurance Portability and Accountability Act of 1996. The agreement establishes permitted and required uses and disclosures of protected health information (PHI) in accordance with HIPAA requirements and provides obligations for business associates to safeguard the information.

  • Net metering customer means a customer of the electric distribution company

  • Company IP Contract means any Contract to which the Company is a party or by which the Company is bound, that contains any assignment or license of, or covenant not to assert or enforce, any Intellectual Property Right or that otherwise relates to any Company IP or any Intellectual Property developed by, with, or for the Company.

  • Business Customer means a customer who is not a residential customer.

  • Supplier Agreement means this overarching agreement, consisting of these terms and conditions and any schedules to them, setting out the arrangements for management of the DPS, the process to apply when a Customer wishes to award Service Agreements via the DPS and the terms and conditions applicable to the carrying out of Service Agreements;

  • TCP Customers We will not impose Credit Management Charges unless the Charges are a reimbursement of our costs and you are advised of their amount or method of calculation.

  • Restrictive procedures means the use of physical holding or seclusion of children with disabilities in an emergency. Because the special education director reported the district intends to continue the use of physically holding children with disabilities in an emergency, the district is required to maintain and make publicly accessible a restrictive procedures plan (RPP) for children with disabilities. Minnesota Statute requires that the plan must, at least, list the restrictive procedures the school intends to use; describe how the school will monitor and review the use of restrictive procedures; and include a written description and documentation of the training school personnel completed.