Most Favored Agreement Sample Clauses

Most Favored Agreement. In the event that Replay enters into an agreement during the term of this Agreement with any third party in which, taken together, the (a) [***] and (b) [***], are more favorable than the comparable [***] offered to MKE under this Agreement for substantially similar products sold during similar time periods under substantially similar terms and conditions, including, without limitation, volume of purchase, specifications and functionality, types of distribution channels used and payment terms, considered in the aggregate ("More Favorable Agreement"), Replay will notify MKE of the above terms of such More Favorable Agreement in writing no later than [***] after such More Favorable Agreement is granted to such third party. If MKE notifies Replay in writing within [***] thereafter, the parties agree to amend this Agreement [***] provisions, taken together, with the corresponding provisions in the More Favorable Agreement. The above amendment to the Agreement shall become effective as of the effective date of the More Favorable Agreement. MKE shall be entitled to have a third party auditor reasonable acceptable to Replay, upon reasonable prior notice and not more than twice per calendar year, to review Replay's agreements with third party OEMs for the purpose of verifying compliance with this Section 4.3.
Sample 1
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Most Favored Agreement. In the event that Replay enters into an agreement during the term of this Agreement with any third party in which, taken together, the (a) scope of license rights to Replay Technology and Replay Intellectual Property Rights and (b) Subsidy amount and/or RTVS Profit Share, are more favorable than the comparable license rights, Subsidy and/or RTVS Profit Share offered to MKE under this Agreement for substantially similar products sold during similar time periods under substantially similar terms and conditions, including, without limitation, volume of purchase, specifications and functionality, types of distribution channels used and payment terms, considered in the aggregate ("More Favorable Agreement"), Replay will notify MKE of the above terms of such More Favorable Agreement in writing no later than thirty (30) days after such More Favorable Agreement is granted to such third party. If MKE notifies Replay in writing within thirty (30) days thereafter, the parties agree to amend this Agreement by replacing the existing license rights to Replay Technology and Replay Intellectual Property, and applicable Subsidy and/or RTVS Profit Share provisions, taken together, with the corresponding provisions in the More Favorable Agreement. The above amendment to the Agreement shall become effective as of the effective date of the More Favorable Agreement. MKE shall be entitled to have a third party auditor reasonable acceptable to Replay, upon reasonable prior notice and not more than twice per calendar year, to review Replay's agreements with third party OEMs for the purpose of verifying compliance with this Section 4.3.
Sample 1
Most Favored Agreement. Each Guild Party agrees that should any Guild Party or any Affiliate thereof enter into a repurchase agreement (including, without limitation, a renewal of the Agreement), warehouse facility, guaranty or similar credit facility with any Person which by its terms provides more favorable terms with respect to any of the financial covenants or reporting requirements, then such Guild Party shall provide notice to Buyer and such terms of the Agreement shall be deemed automatically amended to include such more favorable terms, such that such terms operate in favor of Buyer or an Affiliate of Buyer. Each Guild Party further agrees to execute and deliver any new agreements or amendments to the Agreement evidencing such provisions, provided that the execution of such amendment shall not be a precondition to the effectiveness of such amendment, but shall merely be for the convenience of the parties thereto. Further, at the request of Buyer, each Guild Party shall promptly provide Buyer with its financial covenants and any other covenants that Buyer deems material under any such current, future or modified third party agreement and/or copies of any personal and/or corporate guaranties required in connection with such third party agreement.
Sample 1

Related to Most Favored Agreement

  • Customer Agreement In the event of a conflict between this Agreement and any other agreement between the Bank and the Grantor, the terms of this Agreement will prevail.

  • INTEGRATED AGREEMENT; MODIFICATION This Amendment constitutes the entire agreement and understanding of the Parties with respect to the subject matter and supersedes all prior negotiations and representations. In the event of any conflict between this Amendment and the Contract or any earlier amendment, this Amendment shall control and govern. This Amendment may not be modified except in writing signed by the Parties.

  • End User Agreement This publication is distributed under the terms of Article 25fa of the Dutch Copyright Act. This article entitles the maker of a short scientific work funded either wholly or partially by Dutch public funds to make that work publicly available for no consideration following a reasonable period of time after the work was first published, provided that clear reference is made to the source of the first publication of the work. Research outputs of researchers employed by Dutch Universities that comply with the legal requirements of Article 25fa of the Dutch Copyright Act, are distributed online and free of cost or other barriers in institutional repositories. Research outputs are distributed six months after their first online publication in the original published version and with proper attribution to the source of the original publication. You are permitted to download and use the publication for personal purposes. All rights remain with the author(s) and/or copyrights owner(s) of this work. Any use of the publication other than authorised under this licence or copyright law is prohibited. If you believe that digital publication of certain material infringes any of your rights or (privacy) interests, please let the University Library know, stating your reasons. In case of a legitimate complaint, the University Library will, as a precaution, make the material inaccessible and/or remove it from the website. Please contact the University Library through email: xxxxxxxxx@xxx.xx.xx. You will be contacted as soon as possible. University Library Radboud University

  • Valid Agreement This Agreement has been duly executed and delivered by the Purchaser and constitutes the legal, valid and binding obligation of the Purchaser, enforceable against the Purchaser in accordance with its terms, except (i) as limited by applicable bankruptcy, insolvency, reorganization, moratorium, and other laws of general application affecting enforcement of creditors’ rights generally, and (ii) as limited by laws relating to the availability of specific performance, injunctive relief, or other equitable remedies.

  • Complete Agreement; Modification of Agreement This Agreement constitutes the complete agreement among the parties hereto with respect to the subject matter hereof, supersedes all prior agreements and understandings relating to the subject matter hereof, and may not be modified, altered or amended except as set forth in Section 8.6.

  • Service Level Agreement Subject to the terms and conditions of this Agreement, Bank agrees to perform the custody services provided for under this Agreement in a manner that meets or exceeds any service levels as may be agreed upon by the parties from time to time in a written document that is executed by both parties on or after the date of this Agreement, unless that written document specifically states that it is not contractually binding. For the avoidance of doubt, Bank’s Service Directory shall not be deemed to be such a written document.

  • Item Agreement As negotiated items are agreed upon, they shall be reduced to writing and initialed by the chief negotiator of each party. Such initialing shall be construed as tentative agreement by both parties on that item or issue, subject to finalization by ratification by the membership of the Association and adoption by the Board.

  • Letter Agreement The Company shall have entered into the Letter Agreement on terms satisfactory to the Company.

  • Agreement Modification 15.1 Any agreement to change the terms of this Agreement in any way shall be valid only if the change is made in writing and approved by mutual agreement of authorized representatives of the parties hereto.

  • Service Agreement Refers to the Contract, Purchase Order or Terms of Service or Terms of Use. Student Data: Student Data includes any data, whether gathered by Provider or provided by LEA or its users, students, or students’ parents/guardians, that is descriptive of the student including, but not limited to, information in the student’s educational record or email, first and last name, birthdate, home or other physical address, telephone number, email address, or other information allowing physical or online contact, discipline records, videos, test results, special education data, juvenile dependency records, grades, evaluations, criminal records, medical records, health records, social security numbers, biometric information, disabilities, socioeconomic information, individual purchasing behavior or preferences, food purchases, political affiliations, religious information, text messages, documents, student identifiers, search activity, photos, voice recordings, geolocation information, parents’ names, or any other information or identification number that would provide information about a specific student. Student Data includes Meta Data. Student Data further includes “Personally Identifiable Information (PII),” as defined in 34 C.F.R. § 99.3 and as defined under any applicable state law. Student Data shall constitute Education Records for the purposes of this DPA, and for the purposes of federal, state, and local laws and regulations. Student Data as specified in Exhibit “B” is confirmed to be collected or processed by the Provider pursuant to the Services. Student Data shall not constitute that information that has been anonymized or De-Identified, or anonymous usage data regarding a student’s use of Provider’s services.

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