Common use of Matching Provision Clause in Contracts

Matching Provision. In the event that the City, after the tenth anniversary of the Effective Date, enters into a binding, written franchise agreement granting such franchisee other than the Company the right to use the Inalienable Property to provide Information Services in a manner comparable hereunder, and such new form of franchise agreement contains provisions imposing lesser obligations than are imposed under this Agreement, then the Company may petition DoITT, in writing, for such new form of franchise agreement to replace this Agreement. DoITT shall consider and grant any such petition in order to ensure fair and equitable treatment among the Company and other franchisees, if DoITT, in its sole discretion, reasonably determines that: (i) the Company is in compliance with its obligations under this Agreement and any other franchises, agreements, or other authorizations by and between the Company and the City; and (ii) the obligations imposed by this Agreement, taken in whole or in part, place the Company at a substantial competitive disadvantage in relation to the obligations imposed on the other franchisee. Further, DoITT will review any petition made pursuant to this section that the reason for the imposition of lesser obligations on the other franchisee are not the result of a differing nature of the City’s legal authority with respect to such other franchisee or its activities, and that the lesser obligations are not justified by other benefits provided by the Company to the City or its residents.

Appears in 9 contracts

Samples: Information Services Franchise Agreement, Information Services Franchise Agreement, Information Services Franchise Agreement

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