Most Favorable Terms. If the Association has entered into (or allowed employers to enter into) another Agreement with the Union that applies to work that may also be covered by this Agreement, then the employer may select the agreement which applies the most favorable terms to execute the work.
Most Favorable Terms. All rates referred to herein before shall be at least as favorable as the rates provided by the applicable party to any of its other customers, Marketing Agents or consultants.
Most Favorable Terms. In the event that after September 1, 1990 Muzak -------------------- grants for the first time (and not pursuant to or in renewal of any agreement in existence at September 1, 1990) to any other U.S. licensee of Muzak (i.e., a distributor of the Services in a territory within the United States) financial or other material terms (other than temporary or transient adjustments and accommodations) that are more favorable than the terms set forth herein, Muzak must offer such more favorable terms to Licensee; provided, however, that if, and to the extent, Muzak is required by the laws and regulations of the State in which another licensee resides or operates its business to offer such other licensee more favorable terms than those set forth herein, Muzak shall not be required to offer such more favorable terms to Licensee but shall notify the then-president of the IPMA of the imposition of such legal or regulatory requirement.
Most Favorable Terms. 59 XV. ACKNOWLEDGEMENTS...................................... 60 15.1 Independent Investigations.................... 60 15.2 Disclosure.................................... 60 15.3 Opportunity to Review......................... 61 EXHIBITS -------- Exhibit A - Music Services Exhibit B - Adjunct Services (Music-Related and Other) Exhibit C - Marks Exhibit D - Technical Specifications Exhibit E - Sales of Adjunct Services Exhibit F - Adjunct Services Revenue Sharing Exhibit G - MUZAK(R) Multi-Territory Accounts Program Exhibit H - Agreements Not To Be Superseded MUZAK(R) LICENSE AGREEMENT THIS MUZAK(R) LICENSE AGREEMENT ("Agreement") is made and entered into this ________ day of ______________________________, 19 , by and between MUZAK LIMITED PARTNERSHIP, a Delaware limited partnership ("Muzak"), and SUNCOM COMMUNICATIONS, L.L.C., a ________________ limited liability company ("Licensee").
Most Favorable Terms. Contractor agrees that all fees, pricing, terms, and warranties provided by the Contractor under the Contract are substantially similar to the best equivalent terms being offered by the Contractor to any entity similarly situated. If during the term of the Contract, the Contractor enters into an arrangement with any similarly situated entity, Contractor hereby agrees to amend the Contract to provide the same to ITS.
Most Favorable Terms. 8.1 If Licensor has granted or hereafter grants a license with respect to all of the Licensed Patents to any third party upon royalty terms more favorable than those specified in Article IV, Licensor will promptly notify Licensee of such grant and terms. If Licensee so requests, Licensee shall then be entitled to the same royalty rate as such third party has agreed to, provided that Licensee accepts the same obligations and comparable restrictions, including without limitation, payment of a larger non-refundable or non-creditable initial fee, if any. Notwithstanding any provision herein to the contrary, Licensee shall receive no credits for payments made or accrued under a higher royalty rate prior to the date Licensee may qualify for a lower rate pursuant to this provision.
Most Favorable Terms. The parties acknowledge that ROSETTA may enter into license agreements with third parties for the use of xxXXX SEQUENCES in research and development. The parties also acknowledge that AMBION may be at a significant disadvantage if such third parties are given terms that are more favorable than the terms received by AMBION in this Agreement, and in the event that such license agreements with third parties shall be under identical or similar commercial circumstances, both parties desire that AMBION shall have the opportunity to consider and accept the terms being offered to such third party. For purposes of this Section only, ROSETTA shall have the option to either (i) provide the terms of interest in the third party agreement wherein such terms of interest include all royalty amounts and or percentages to be paid, all up-front fees to be paid, all option fees, all terms related to exclusivity, including, but not limited to, any fees for converting from nonexclusive to exclusive, and all other consideration, value exchanged and any other material term between the third party and ROSETTA as shall be decided by ROSETTA (collectively “Terms of Interest”); or (ii) provide a copy of the third party licensee agreement to a mutually agreed upon third party (the “Evaluator”) wherein such third party would access whether or not such third party license agreement is more or less favorable to AMBION than this Agreement. In the event that such Evaluator concludes that the third party license agreement is more favorable to AMBION than this Agreement, ROSETTA agrees to disclose the Terms of Interest to AMBION within fifteen (15) business days of the Evaluator’s conclusion. The Parties agree that ROSETTA shall bear all reasonable expenses associated with the Evaluator’s review of such third party license agreement. AMBION will decide, in its sole discretion, whether or not the Terms of’ Interest are more favorable to similar terms in this Agreement. If AMBION does decide that the Terms of Interest are more favorable, this Agreement shall be amended to incorporate all of the Terms of Interest. Portions of this Exhibit were omitted and have been filed separately with the Secretary of the Commission pursuant to the Company’s application requesting confidential treatment under Rule 406 of the Securities Act.
Most Favorable Terms. If, within one (1) year after the Closing, (i) there is a bona fide financing of the Company, (ii) the valuation of the Company in connection with such financing does not exceed US$825 million, and (iii) the Investors in such financing are granted any rights, preferences, privileges, or other terms which are new or are otherwise more favorable than those applicable or granted to the Investors under the Transaction Documents, then the Investors shall automatically have the right to enjoy such new or more favorable terms, rights, preferences, and/or privileges. The Warrantors agree that it shall take any and all actions necessary to ensure that this Section 7.3 is given its full effect.
Most Favorable Terms. If at any time during the Contract Term Xxxxx Asia, Sykes Europe and Sykes US or any Sykes Associated Company provides services similar to the Services or any of them to any third party on terms which are more favourable in respect of such services than the terms provided herein then the parties agree that the terms applying to provision of such Services hereunder shall at the request of Adobe Benelux or Adobe Systems, as appropriate, be amended to provide for such favourable terms but nothing contained in this Clause 5.8 shall oblige Xxxxx Asia, Sykes Europe and Sykes US to disclose the identity of any such third party. Xxxxx Asia, Sykes Europe and Sykes US shall be bound to appropriately inform Adobe Benelux or Adobe Systems immediately if any such circumstances arise.
Most Favorable Terms. The Company agrees that in the event -------------------- the Company offers registration and any similar rights provided under this Agreement to any third party holder of the Company's securities which are superior or more favorable than the rights granted to Investors hereunder, then the Company shall promptly and at its sole expense take all necessary actions to amend or modify this Agreement in order to provide Investors with such superior or more favorable rights.
