Favored Pricing Clause Samples
A Favored Pricing clause ensures that a buyer receives the most favorable pricing terms that a seller offers to any other customer under similar circumstances. In practice, this means if the seller provides a lower price or better terms to another customer for the same goods or services, the buyer covered by the clause is entitled to those same terms. This clause is designed to protect the buyer from being disadvantaged in the marketplace and to ensure they remain competitive by always receiving the best available deal from the seller.
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Favored Pricing. ACIS represents and warrants to VSI that the license fees or royalties offered to VSI under this Agreement are no less favorable than those offered by ACIS to any other party. In the event ACIS offers more favorable license fees or royalties to any other party, ACIS will promptly notify VSI of such event and offer such more favorable license fees or royalties to VSI commencing upon the date such more favorable license fees or royalties were offered to the other party. ACIS will provide VSI with any information necessary to evidence compliance with this paragraph. At VSI's request, ACIS shall provide to VSI an officer's certificate certifying its compliance with this paragraph.
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Favored Pricing. In the event that Digi provides testing services to any Testing Lab established by the parties under this Agreement, the price charged by Digi for such testing services shall be no greater than the lowest price charged by Digi to any of its other customers at such time for the same or comparable services.
Favored Pricing. ViaSat agrees to provide any Person operating (or selling) a two way broadband service over the Loral Payload (“Canadian Operator”) with the same price (based on the then-current total price for terminals (indoor and outdoor units together)) being delivered to the Key Distributor (defined below) for ViaSat’s next generation Surfbeam equipment (“Equipment”) that is provided to the Key Distributor; provided, that the Canadian Operator must purchase the Equipment on the same terms and conditions as the Key Distributor, including warranty terms, delivery lead times, annual maintenance fees, and support levels (but excluding terms related to the minimum number of aggregate committed terminals). ViaSat agrees to provide commercially reasonable pricing for any additional terms or items requested by the Canadian Operator. For purposes of this Agreement, “Key Distributor” means the distributor (and the pricing and terms of such distributor) selected by the Canadian Operator among the distributors purchasing Equipment at the time the Canadian Operator first enters into an agreement to purchase such Equipment from ViaSat. In the event any distributor is purchasing and taking delivery of user terminals at a lower total terminal price (indoor and outdoor unit together) than the price provided to the Canadian Operator (the “Improved Distributor’), ViaSat shall inform the Canadian Operator of such lower price (and the terms under which the Improved Distributor is purchasing terminals). The Canadian Operator shall then have the right for a reasonable period of time (no longer than 60 days) to elect to substitute the pricing and terms of the Key Distributor (for future orders) for the terminal pricing and terms of the Improved Distributor. Thereafter, in the event there is a new Improved Distributor, then the Canadian Operator shall again maintain the rights to substitute terminal pricing and terms described above. The terms of this paragraph shall not apply to limited quantities of terminals provided at discounted (or no cost) pricing that may be sold or loaned to a potential distributor for testing or demonstration purposes. In the event ViaSat enters into an agreement with a Key Distributor or Improved Distributor that provides that such Key Distributor or Improved Distributor is to receive the lowest pricing of any distributor, then the Canadian Operator agrees that ViaSat can charge a per unit price $1.00 higher to the Canadian Operator than such distributor.
Favored Pricing. If TiVoII or TiVo contracts with any third party to license Licensed Technology and TiVo Improvements to such third party under substantially similar terms and conditions [*] and TiVoII or TiVo, as applicable, charges a lower royalty rate for such third party to provide [*]in Greater China where such [*]are substantially similar to [*]provided by or for Company or its Inter-Company Sublicensee or charges a lower per product royalty for [*]in Greater China substantially similar to [*]provided by or for Company or its Inter-Company Sublicensee under this Agreement, than as provided to Company under this Agreement for such [*], respectively, TiVoII will offer the same lower royalty rate for [*]provided by Company (or its Wholly-Owned Subsidiaries) after the effective date of such third party agreement under the same terms and conditions as provided to such third party.
Favored Pricing. During the Term of this Agreement, Contractor shall furnish to the JBEs the Goods, Services, and Deliverables hereunder at prices that are at least as low as those charged by Contractor for substantially comparable goods, services, or deliverables under its contracts with other customers that are governmental entities or agencies, whether local, state or federal (“Government Contracts”). If Contractor enters into a Government Contract to supply goods, services, or deliverables that are substantially comparable to the Goods, Services, and Deliverables under this Agreement and the prices charged under such Government Contract are lower than those charged under this Agreement, Contractor must immediately (a) provide written notice to the Establishing JBE of such lower pricing, and