LOWEST FEE Sample Clauses
LOWEST FEE. The Contractor represents and warrants that the direct fees for the Services charged to the Corporation pursuant to this Agreement shall be the lowest fees for such services which are charged by the Contractor to any of the Contractor's customers for like services under substantially the same circumstances. This representation and warranty includes those customers of the Contractor who are, as of the date of this Agreement, under contract with the Contractor and under any subsequent renewal of any such contract. Should the Corporation, at any time, determine that such representation and warranty has been breached, then the Corporation’s payments to the Contractor hereunder shall be only at such "lowest fees."
LOWEST FEE. Contractor represents and warrants that the direct fees for services charged to MetroPlus for those services which MetroPlus receives pursuant to the Agreement shall be the lowest fees for services which are charged by Contractor to any of its customers for like services. This representation and warranty includes those customers of Contractor who are, as of the date of this Agreement, under contract with Contractor and under any renewal thereof. Should MetroPlus determine that such representation and warranty has been breached, then in that case, payment to Contractor by MetroPlus shall be modified to reflect payment only at the aforesaid "lowest fees."