Comparable Terms Sample Clauses
The Comparable Terms clause ensures that the terms offered to one party are at least as favorable as those offered to others in similar circumstances. In practice, this means that if a company enters into agreements with multiple partners or customers, it must provide terms that are no less advantageous than those given to any comparable party, such as similar pricing, service levels, or contractual rights. This clause is designed to prevent discrimination and maintain fairness, ensuring that no party is disadvantaged by less favorable terms without justification.
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Comparable Terms. Effective as of the Close of the Distribution Date, WhiteWave shall adopt or shall cause to be adopted for the benefit of eligible WhiteWave Employees, health and welfare plans, including, but not limited to, plans providing (i) executive long-term disability insurance and (ii) health, dental and life insurance benefits (the “WhiteWave Welfare Plans”) that are substantially the same as the benefits provided under the corresponding ▇▇▇▇ Foods Welfare Plan in which such individuals were participating immediately prior to the Distribution Date. Notwithstanding the immediately preceding sentence, WhiteWave may alter the terms and conditions of the WhiteWave Welfare Benefit Plans relative to the terms and conditions of the ▇▇▇▇ Foods Welfare Benefit Plans to the extent that WhiteWave reasonably determines in good faith that it can not provide substantially the same benefits at a commercially reasonable cost because (i) the number of persons who will be participants in the WhiteWave Welfare Plans is significantly smaller than the number of participants in the ▇▇▇▇ Foods Welfare Plans immediately prior to the Distribution Date, (ii) the WhiteWave Welfare Plan will be funded through an insured arrangement, while the corresponding ▇▇▇▇ Foods Welfare Plan was funded under a self-insured arrangement or (iii) of the inability of the WhiteWave Benefit Plans to procure on commercially reasonable terms contracts with the same third party vendors who assisted in administering the ▇▇▇▇ Foods Welfare Plans. For purposes of the immediately preceding sentence, an amount up to or equal to 105% of the costs incurred by ▇▇▇▇ Foods in respect of the ▇▇▇▇ Foods Welfare Plans, as determined on a per capita basis, immediately prior to the Distribution Date shall be deemed to be commercially reasonable. In addition, WhiteWave shall retain the right to modify, amend, alter or terminate the terms of any WhiteWave Welfare Plan to the same extent that ▇▇▇▇ Foods or another member of the ▇▇▇▇ Foods Group had such rights under the corresponding ▇▇▇▇ Foods Welfare Plan.
Comparable Terms. The fees charged HBOC Customers by WebMD for ---------------- WebMD Services and any non-price terms imposed shall not at any time be less favorable than any price or non-price terms offered by WebMD to customers of any third party which markets the WebMD Services in comparable volumes. In the event that WebMD offers any third party distributor of the WebMD Services more favorable price or non-price terms than those offered hereunder to HBOC, the WebMD shall so notify HBOC, and the more favorable terms shall be immediately extended to HBOC.
Comparable Terms. The fees charged DuPont Customers by WebMD for WebMD Services and any non-price terms imposed shall not at any time be less favorable than any price or non-price terms offered by WebMD to customers of any third party which market the WebMD Services in comparable volumes. In the event that WebMD offers any third party distributor of the WebMD Services more favorable price or non-price terms than those offered hereunder to DuPont, the WebMD shall so notify DuPont, and the more favorable terms shall be immediately extended to DuPont.
Comparable Terms. For purposes of this Agreement, an offer on “Comparable Terms” means an offer of employment from the Buyer with:
Comparable Terms. The List Prices and Royalties of this Agreement shall not at any time be less favorable than any price terms offered by Business Partner to any similarly-situated third party which distributes BP Software in comparable volumes. In the event that Business Partner offers any third party more favorable price or non-price terms than those offered hereunder to HBOC, the Business Partner shall so notify HBOC, and the more favorable terms shall be immediately extended to HBOC.