Most Favorable Pricing Sample Clauses

Most Favorable Pricing. The parties recognize that, during the term of this Agreement, Seller may reduce its prices for competitive reasons, in order to reflect changes in technology, product line pricing, and market conditions. Seller intends to offer Buyer its “Most Favorable Pricing” for the Goods purchased or licensed by Buyer hereunder. “Most Favorable Pricing” pricing is that which is similar to (within 2% of) the pricing offered by Seller to other corporate customers purchasing similar products and services in similar volumes. Accordingly, Seller will conduct an internal evaluation sufficient to determine and to certify to Buyer, thirty (30) days prior to the end of each eighteen (18) month period during the term of this Agreement, that the pricing for the Goods purchased or licensed by Buyer hereunder reflects Seller’s Most Favorable Pricing. At Buyer’s request, Xxxxxx will describe the process it intends to use for such determination. Seller’s certification to Buyer will be in the form of a letter to Buyer from one of Seller’s senior executives either (a) confirming that the pricing for the Goods purchased or licensed by Buyer hereunder is within the two-percent range required to constitute Most Favorable Pricing, or (b) submitting to Buyer, for its approval, revised pricing schedule reflecting appropriate price reductions to enable Seller to make such certification. Any revisions to the applicable pricing schedule proposed by Seller hereunder will be finalized by the Parties in an amendment thereto. The new Most Favorable Pricing will be effective retroactively, to the time that Seller began charging lower prices to another corporate customer purchasing similar services in similar volumes, and Seller will issue Buyer a retroactive credit for fees paid by Buyer in excess of the Most Favorable Pricing.
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Most Favorable Pricing. Supplier represents, warrants and covenants that the Purchase Price or negotiated increase will not be less favorable than those prices charged by Supplier to any other North American customer under similar terms, purchasing equal or lesser quantities of the same or similar Product during the term. If lower prices are made available by Supplier to any other North American customer under similar terms, Supplier must promptly notify Buyer in writing and make those lower prices available to Buyer. The lower prices then will apply to all current and subsequent POs.
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Most Favorable Pricing. Vendor represents and warrants that the initial proposed license fees, hosting fees, support fees, consulting fees, and any other fees shall each when considered severalty and as an aggregate total are equivalent or better pricing terms than those granted by Vendor to any other customer located within the continental United States over the last 24 months. In the event licenses or services are priced based on the size of the institution or on a per-unit basis (e.g. number of students, per server, per GB of storage, etc.) then the equivalent or better pricing guarantee shall be calculated by the per-unit basis or by dividing the number of users counted for licensing purposes by the same licensing fees and arriving a per-headcount license cost. B22 RECURRING FEES “Recurring Fees” includes maintenance fees, support fees, hosting fees, and any other fees charged or calculated on an annual, monthly or otherwise recurring basis. Rates for Recurring Fees shall not increase for thirty-six (36) months from the effective date of this Agreement, and in any subsequent term shall increase at most once annually. Each such annual rate increase shall not exceed the rates of the immediately preceding annual period by an amount great than the lesser of: (a) 3% (three percent), (b) the rate of annual inflation as reflected by the Consumer Price Index - Urban for all US Cities, unadjusted (“CPI- U”), or (c) the rate increase Vendor charges to its general customer base.
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Most Favorable Pricing. Smart Denture represents and warrants that the Prices set forth on Exhibit A are (after taking into account costs related to shipping) at least as low as the price charged by Smart Denture to other resellers for similar volumes of the same Products. If, at any time during the Term, Smart Denture charges any other reseller a lower price for the same Products, Smart Denture shall apply that price to all same or similar Products under this Agreement. If Smart Denture fails to meet the lower price, Reseller may, at its option, in addition to all of its other rights under this Agreement, terminate this Agreement without liability.
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Most Favorable Pricing. Throughout the term of this Agreement, You warrant to Xxxxxxx that the prices set forth in this Agreement, in conjunction with the discounts offered herein for any similar item or equivalent service, are no higher than Your lowest price charged any customer for a comparable product or spare part regardless of any special terms, conditions, rebates or allowances of any nature. Nothing in this Section shall be interpreted as modifying Section 2 hereof by authorizing or permitting You to use any Other IP Rights (as defined in such Section) in the manufacture or sale of a comparable product or spare part or otherwise. If You sell any comparable product to any other customer at a price lower than the price set forth in this Agreement You shall adjust Xxxxxxx'x price to achieve and maintain the lower price for all future invoices for such Product. In addition, Xxxxxxx may adjust its payment for any Product invoiced by You and unpaid by Xxxxxxx to achieve the lower price. In the event that You offer a lower price for any comparable product to any customer(s) for any reason, You shall immediately notify Xxxxxxx of each price change and adjust Xxxxxxx'x price to meet and, if applicable, compensate for the new pricing structure. Xxxxxxx shall have the right upon reasonable request and advance written notice to You, not more than once annually, to have an independent third party auditor agreed to by both Xxxxxxx and You audit Your applicable books and records to the extent necessary to verify Your compliance with this Section 5. If such audit reveals an error of more than five percent (5%) of the amounts paid by Xxxxxxx in the aggregate, You shall pay the reasonable fees and expenses of such audit. The auditor will notify both Xxxxxxx and You in writing as to the comply/non-comply results of the audit, but will not provide Xxxxxxx with any of Your specific pricing data.
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Most Favorable Pricing. Further, UniPixel will provide Intel Designated Customers and Intel or its Affiliates, the same or better pricing than is offered to any other UniPixel customers for the same Sensor screen size of equivalent configuration (i.e., single-sided vs. dual-sided), if such pricing is lower than the not-to-exceed pricing noted above in Section 5.1.
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Most Favorable Pricing. With respect to those Pharmacy Services which are paid for by Extendicare or one of its Affiliates (e.g., under the current Medicare prospective payment system or a capitated managed care arrangement), such rate shall not be higher than the most favorable rates concurrently charged for Pharmacy Services provided to residents of the same payor type in like Facilities by that Omnicare Pharmacy or other Omnicare Pharmacies reasonably capable of servicing such Extendicare Facility in the same state and for reasonably comparable volumes of product and upon reasonably comparable terms and conditions (including distance of the Facility from the Omnicare Pharmacy, dispensing system used, services included and service levels), as such rates may be changed by the Omnicare Pharmacies from time to time; and provided, that with respect to those Pharmacy Services which are paid for by Extendicare or one of its Affiliates under the current Medicare prospective payment system as currently being implemented, pricing shall be as set forth on Schedule 1 hereto for the period from the date of this Agreement through the third (3rd) anniversary of the effective date hereof. Schedule 2 hereto sets forth the initial pricing established by the parties for residents covered under a capitated managed care arrangement, which pricing shall be adjusted from time to time in accordance with the foregoing sentence. Within sixty (60) days after the beginning of each calendar year after the date hereof (commencing in the year 2000), Omnicare shall certify to Extendicare that the prices charged during the preceding calendar year by the Omnicare Pharmacies to the Extendicare Facilities and their residents complied with subsection 4.0 and this subsection 4.b. of the Agreement (or shall specify any respects in which such prices failed to so comply); provided, that Omnicare shall not be obligated to conduct any audit of such prices in order to make such certification, and if any audit conducted by Extendicare pursuant to subsection 4.c. indicates any item(s) of actual or potential noncompliance, or Extendicare other wise believes that one or more items of actual or potential noncompliance occurred which are not indicated in such certification, then the parties shall proceed as set forth in the second paragraph of subsection 4.c., and Omnicare's liability as a consequence of any such certification proving to be false in any respect shall be limited to the obligations expressly set forth in such p...
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Most Favorable Pricing. By submitting a response to this Request for Proposal, the contractor guarantees the City that the prices reflected in this proposal are no higher than those charged the Contractor’s most favored customer for the same or substantially similar service.
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Most Favorable Pricing. Supplier warrants that the prices charged for the Services under this Agreement are not higher than the lowest prices charged by Supplier to any of its external customers for similar services. If Supplier charges any external customer a lower price for similar services, Supplier shall notify Xxxxxxx and apply the lower price to all Services. If at any time before full performance of this Agreement Xxxxxxx notifies Supplier in writing that Xxxxxxx has received a written offer from another service provider for services similar to those provided under this Agreement at a price lower than the price set forth in this Agreement or a SOW, the Parties shall cooperate in good faith with the intention to meet the lower price.
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Related to Most Favorable Pricing

  • MOST-FAVORED RATE The lowest usual charge to any individual or third-party payer in effect on the date of the admission of a TRICARE beneficiary.

  • TIPS Pricing Vendor agrees and understands that for each TIPS Contract that it holds, Vendor submitted, agreed to, and received TIPS’ approval for specific pricing, discounts, and other pricing terms and incentives which make up Vendor’s TIPS Pricing for that TIPS Contract (“TIPS Pricing”). Vendor confirms that Vendor will not add the TIPS Administration Fee as a charge or line-item in a TIPS Sale. Vendor hereby certifies that Vendor shall only offer goods and services through this TIPS Contract if those goods and services are included in or added to Vendor’s TIPS Pricing and approved by TIPS. TIPS reserves the right to review Vendor’s pricing update requests as specifically as line-item by line-item to determine compliance. However, Vendor contractually agrees that all submitted pricing updates shall be within the original terms of the Vendor’s TIPS Pricing (scope, proposed discounts, price increase limitations, and other pricing terms and incentives originally proposed by Vendor) such that TIPS may accept Vendors price increase requests as submitted without additional vetting at TIPS discretion. Any pricing quoted by Vendor to a TIPS Member or on a TIPS Quote shall never exceed Vendor’s TIPS Pricing for any good or service offered through TIPS. Vendor certifies by signing this agreement that Vendor’s TIPS Pricing for all goods and services included in Vendor’s TIPS Pricing shall either be equal to or less than Vendor’s current pricing for that good or service for any other customer. TIPS Pricing price increases and modifications, if permitted, will be honored according to the terms of the solicitation and Vendor’s proposal, incorporated herein by reference.

  • Most Favored Lender (a) If a Specified Credit Facility shall include any MFL Financial Covenant or MFL Cure Right Provision and (i) such MFL Financial Covenant is not contained in this Agreement or (ii) such MFL Financial Covenant or MFL Cure Right Provision would be more beneficial to the holders of Notes than any analogous restriction, event of default, cure right or provision contained in this Agreement (any such restriction, event of default, cure right or provision, an “Additional Covenant”), then the Company shall provide a Most Favored Lender Notice to the holders of Notes; provided that, for the avoidance of doubt and without limiting the foregoing, the absence of an MFL Cure Right Provision in a Specified Credit Facility that has financial covenants that are the same as the financial covenants set forth in Section 10.8 (and have the same related definitions) would be more beneficial to the holders of Notes. Thereupon, unless waived in writing by the Required Holders within ten (10) Business Days after receipt of such notice by the holders of the Notes, such Additional Covenant (including any associated cure or grace period) shall be deemed automatically incorporated by reference into this Agreement, or in the case of the absence of an MFL Cure Right Provision in a Specified Credit Facility that has financial covenants that are the same as the financial covenants set forth in Section 10.8 (and have the same related definitions), the Cure Right set forth in this Agreement shall be deemed automatically removed from this Agreement, mutatis mutandis, as if set forth fully herein or so removed, without any further action required on the part of any Person, effective as of the date when such Additional Covenant became effective under such Specified Credit Facility. Thereafter, upon the request of any holder of a Note, the Company shall enter into any additional agreement or amendment to this Agreement reasonably requested by such holder evidencing any of the foregoing. BLACKSTONE PRIVATE CREDIT FUND NOTE PURCHASE AGREEMENT

  • Most Favored Lender Status In the event that the Company shall at any time after the date of this Agreement enter into, assume or otherwise become bound by or obligated under any agreement creating or evidencing Indebtedness of the Company in excess of $10,000,000 in principal amount (other than Indebtedness permitted by Section 10.6) (a “Reference Agreement”) containing one or more Additional Covenants, the terms of this Agreement shall, without any further action on the part of the Company or any of the holders of the Notes, be deemed to be amended automatically to include each Additional Covenant contained in such Reference Agreement. The Company further covenants to promptly execute and deliver at its expense (including, without limitation, the fees and expenses of counsel for the holders of the Notes) an amendment to this Agreement in form and substance satisfactory to the Required Holders evidencing the amendment of this Agreement to include such Additional Covenants, provided that the execution and delivery of such amendment shall not be a precondition to the effectiveness of such amendment as provided for in this Section 9.9, but shall merely be for the convenience of the parties hereto. Notwithstanding the foregoing, (A) if any Additional Covenant that has been incorporated herein pursuant to this Section 9.9 is subsequently amended or modified in the relevant Reference Agreement, such Additional Covenant, as amended or modified, shall be deemed incorporated by reference into this Agreement and replace such Additional Covenant as originally incorporated, mutatis mutandi, as if set forth fully in this Agreement, effective beginning on the date on which such amendment or modification is effective under the relevant Reference Agreement and (B) if any Additional Covenant that has been incorporated herein pursuant to this Section 9.9 is subsequently removed or terminated from the relevant Reference Agreement or the Company is otherwise no longer required to comply therewith under the relevant Reference Agreement, the Company, beginning on the effective date such Additional Covenant is removed or terminated from the relevant Reference Agreement or the Company otherwise no longer required to comply with such Additional Covenant, shall no longer be or remain obligated to comply with such Additional Covenant hereunder. In the event that an Additional Covenant is amended, modified, removed or terminated pursuant to this Section 9.9 and the Company and the Required Holders previously entered into an amendment to incorporate such Additional Covenant herein, the holders of the Notes, upon the request of the Company, shall enter into an amendment to this Agreement to reflect such amendment, modification, removal or termination of such Additional Covenant; provided that the failure of the holders of the Notes and the Company to execute and deliver any such amendment shall not adversely affect the automatic incorporation of any amended or modified Additional Covenants into, or the automatic removal or termination of Additional Covenants from, this Agreement as provided above in this Section 9.9.

  • Most-Favored-Nation Treatment 1. Each Party shall accord to investors of the other Party treatment no less favorable than that it accords, in like circumstances, to investors of any non-Party with respect to the establishment, acquisition, expansion, management, conduct, operation, and sale or other disposition of investments in its territory.

  • PRODUCT AND PRICING CHANGE REQUESTS Supplier may request Equipment, Product, or Service changes, additions, or deletions at any time. All requests must be made in writing by submitting a signed Sourcewell Price and Product Change Request Form to the assigned Sourcewell Supplier Development Administrator. This approved form is available from the assigned Sourcewell Supplier Development Administrator. At a minimum, the request must: • Identify the applicable Sourcewell contract number; • Clearly specify the requested change; • Provide sufficient detail to justify the requested change; • Individually list all Equipment, Products, or Services affected by the requested change, along with the requested change (e.g., addition, deletion, price change); and • Include a complete restatement of pricing documentation in Microsoft Excel with the effective date of the modified pricing, or product addition or deletion. The new pricing restatement must include all Equipment, Products, and Services offered, even for those items where pricing remains unchanged. A fully executed Sourcewell Price and Product Change Request Form will become an amendment to this Contract and will be incorporated by reference.

  • GSA Benchmarked Pricing Additionally, where the NYS Net Price is based upon an approved GSA Supply Schedule:

  • HOT LIST PRICING At any time during this Contract, Supplier may offer a specific selection of Equipment, Products, or Services at discounts greater than those listed in the Contract. When Supplier determines it will offer Hot List Pricing, it must be submitted electronically to Sourcewell in a line-item format. Equipment, Products, or Services may be added or removed from the Hot List at any time through a Sourcewell Price and Product Change Form as defined in Article 4 below. Hot List program and pricing may also be used to discount and liquidate close-out and discontinued Equipment and Products as long as those close-out and discontinued items are clearly identified as such. Current ordering process and administrative fees apply. Hot List Pricing must be published and made available to all Participating Entities.

  • MOST FAVORED CUSTOMER CLAUSE Contractor shall provide its most favorable pricing and terms to H-GAC. If at any time during this Agreement, Contractor develops a regularly followed standard procedure of entering into agreements with other governmental customers within the State of Texas, and offers the same or substantially the same products/services offered to H-GAC on a basis that provides prices, warranties, benefits, and or terms more favorable than those provided to H-GAC, Contractor shall notify H-GAC within ten (10) business days thereafter, and this Agreement shall be deemed to be automatically retroactively amended, to the effective date of Contractor’s most favorable past agreement with another entity. Contractor shall provide the same prices, warranties, benefits, or terms to H-GAC and its END USER as provided in its most favorable past agreement. H-GAC shall have the right and option at any time to decline to accept any such change, in which case the amendment shall be deemed null and void. If Contractor claims that a more favorable price, warranty, benefit, or term that was charged or offered to another entity during the term of this Agreement, does not constitute more favorable treatment, than Contractor shall, within ten (10) business days, notify H-GAC in writing, setting forth the detailed reasons Contractor believes the aforesaid offer is not in fact most favored treatment. H-GAC, after due consideration of Contractor’s written explanation, may decline to accept such explanation and thereupon this Agreement between H-GAC and Contractor shall be automatically amended, effective retroactively, to the effective date of the most favored agreement, to provide the same prices, warranties, benefits, or terms to H-GAC and the END USER.

  • Most Favored Customer Contractor shall, within thirty (30) days of their effective date, to notify the Lead State and NASPO ValuePoint of any contractual most-favored-customer provisions in third-party contracts or agreements that may affect the promotion of this Master Agreements or whose terms provide for adjustments to future rates or pricing based on rates, pricing in, or Orders from this Master Agreement. Upon request of the Lead State or NASPO ValuePoint, Contractor shall provide a copy of any such provisions.

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