Favored Nation. If any other bargaining unit negotiates language providing greater or different hospitalization benefits or rates of contribution, this bargaining unit will be offered the same benefits or rates.
Favored Nation. Vendor shall furnish Services to the Board at the lowest price that Vendor charges to other similarly situated parties. If Vendor overcharges, in addition to all other remedies, the Board is entitled to a refund in the amount of the overcharge, plus interest at the rate of 1% per month from the date the overcharge was paid by the Board until the date refund is made. The Board has the right to offset any overcharge against any amounts due to Vendor under this or any other Agreement between Vendor and the Board, and at the Board’s sole option the right to declare Vendor in default under this Agreement.
Favored Nation. So long as any amounts under the Third Debenture are outstanding, the Company shall not, without the prior written consent of the Buyer, issue or sell any shares of Company capital stock, or issue or sell any derivative, warrant, option, right, contract, call, or other security instrument granting the holder thereof, the right to acquire shares of Company capital stock without consideration or for a consideration per share basis less than the fifty percent (50%) of the weighted average Conversion Price (as such term is defined in the Third Debenture) (the “WAP”) received by the Buyer upon conversion of any Company securities now and hereinafter owned by Buyer, including, without limitation, the 59FF Debentures (which lower per share third party basis shall be referred to herein as the “Threshold Price”). In the event and to the extent that the Company issues any shares of Company capital stock to any third party on a per share basis less than the WAP, then the Company shall issue additional shares of Company Common Stock (or other class of Company capital stock as may be applicable) to Buyer until such time as the WAP is equal to the Threshold Price based on a lookback period of 120 days (the “Lookback Period”) for all conversions occurring during that Lookback Period.
Favored Nation. If Licensee fails to meet its Performance Minimums under Article 8 and, as a consequence, Licensee's rights under this Agreement become non-exclusive with respect to a Licensed Product in an Approved Market, and Licensor enters into an agreement or other arrangement with any Person other than Licensee granting a non-exclusive license in the Licensed Field under the Licensed Patents and/or Licensed [*]=CERTAIN CONFIDENTIAL INFORMATION CONTAINED IN THIS DOCUMENT, MARKED BY BRACKETED ASTERISKS HAS BEEN OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO RULE 406 OF THE SECURITIES ACT OF 1933, AS AMENDED. Know-how to such Person to market such Licensed Product in such Approved Market for a royalty and/or other consideration in the aggregate lower than the royalty and other consideration then applicable with respect to Net Sales of such Licensed Product in such Approved Market under Article 3 hereof, Licensor shall advise Licensee promptly of such lower royalty rate and/or consideration (and for these purposes any non-monetary consideration shall be valued at its fair market present value), and Licensee shall then have the right to substitute into this Agreement (for so long as such condition continues to exist) such lower royalty and/or other consideration as applicable to Net Sales of such Licensed Product in such Approved Market under Article 3 hereof, such right to be exercisable within thirty (30) days after Licensee's receipt of such notice from Licensor. The Budget, Licensor's Milestone Payments, and Licensee's Additional R&D Payments shall not be considered in any analysis under this Section.
Favored Nation. With respect to any services or Work that is not bid, or any portion thereof, such as but not limited to negotiated Change Orders, General Contractor shall furnish the Work to the Board at the lowest price that General Contractor charges to other similarly situated parties for comparable work. If General Contractor overcharges, in addition to all other remedies, the Board shall:
Favored Nation. To ensure equitable wages and benefits, any future additional across the board salary increases; or monies allocated to healthcare cap increases granted to HCFA, CSEA and/or Confidential and/or Management groups, shall also be applied to the L-39 bargaining unit. The effective dates of such increases, if any, shall be the same effective dates as approved by the Hartnell Community College District for the other groups. An increase in compensation or benefits that is granted to HCFA, CSEA, Confidential and/or Management employees in return for a concession that reduces District costs, or in return for more hours/days of employment, or a higher level of service, shall not be subject to this Article but shall be negotiated on a per case basis upon request by L-39. The District shall identify any concession by HCFA, CSEA and/or Confidential and/or Management groups that reduced District costs. APPENDIX A HARTNELL COLLEGE STATEMENT OF GRIEVANCE FORM Employee Name: Department: Date of Filing This Statement: Date of Grievance: Date of Informal Discussion: Date of Oral Response: Specific Articles and Sections Alleged to Have been Violated: Employee’s Statement of Alleged Violation and Grievance. What is the factual, contention, what has occurred (provide full facts necessary to support your position): State full relief, remedy, action, you believe is required to resolve this alleged grievance: Date of Receipt: Date of Response: Grievance Resolved: Grievance Denied: Statement of Grievance:
Favored Nation. 28.01 The Union agrees to notify the Employer by certified mail in the event the Union enters into a collective bargaining agreement with any other employer, subsequent to the effective date of this Agreement that provides contractual provisions more favorable to such employer than those provided in this Agreement. Notification shall occur within ten (10) days of the effective date of the Union’s agreement with another employer. Provisions of this Agreement that are less favorable to the Employer shall automatically be replaced by the more favorable terms and shall remain in force for the lesser of the duration of this Agreement or the duration of the more favorable agreement.
Favored Nation. Vendor shall offer BTI the same programs or incentives that Vendor offers to other entities, and BTI shall have the right, at its option, to participate in such programs or incentives.
Favored Nation. No other licensor of master recordings shall receive a greater royalty rate or more favorable royalty calculation than that provided to Licensor in paragraph 3 above. Licensee shall notify Licensor promptly if it does so and shallimplement such higher royalty provisions retroactively to when such royalties were paide to such other party.
Favored Nation. 5 If during the term of this agreement the Perris Elementary Teachers Association 6 (PETA) receives a total economic settlement to their salary schedule and health 7 and welfare benefits package, CSEA will get the same percentage increase.
