Franchisor and Co Op Pricing Arrangements Sample Clauses


Franchisor and Co-op Pricing Arrangements. Radiant acknowledges that Enterprise may from time to time grant pricing concessions to franchisors, franchisee co-ops or others for the benefit of defined groups of potential clients (each a “Protected Group”). Any such concessions shall not be taken into account for purposes of determining whether Radiant is entitled to price reductions in accordance with Section 5.12. Enterprise shall maintain a current list of all such Protected Groups and their respective pricing concessions and shall make the list available to Radiant upon reasonable request. Radiant covenants and agrees that should Enterprise and its resellers be contractually prohibited from selling or attempting to sell the Enterprise Products or Hosting Services to any member of a Protected Group at prices that exceed the pricing concessions established for that Protected Group, Radiant and its Distributors shall comply with such prohibitions; provided, however, that the foregoing covenant shall not apply retroactively to binding contractual commitments (as opposed to contract pricing with no commitment to purchase) entered into between Radiant and any Customer or Legacy Client prior to the establishment of the pricing concession.