Preferred Vendor. If this Agreement resulted from a solicitation where Contractor claimed Preferred Vendor status in its response per Section 405 of the San Diego County Administrative Code, Contractor shall perform a commercially useful function (as that term is defined in California Military and Veterans Code § 999 or successor statute) throughout the term of this Agreement.
Preferred Vendor. Xxxxxx.xxx will be the preferred provider of ---------------- Virtual Tour Images for the Company Site for rental properties ("Rental Properties"). Company agrees to give xxxxxx.xxx preferred vendor status in Company's rental-related marketing materials and other direct sales efforts, whether printed, oral or on the Company Site, by listing xxxxxx.xxx first before listing any other providers of virtual tours. Xxxxxx.xxx will be a nonexclusive provider of Virtual Tour Images for the Company Site for residential sale properties ("Sale Properties").
Preferred Vendor. The quantities of Wafers to be supplied by MEMC hereunder assume that in any Contract Year such amount of Wafers will be approximately [***]% of Conergy’s then current solar wafer demand, and the Yearly Target Quantities of Wafers set forth in Attachment B, as modified by Section 2.2(a), reflect this mutual intention of the parties. In addition, MEMC shall be considered as a preferred vendor and shall have an annual right of first refusal (but not an obligation, unless MEMC would be so obligated pursuant to Section 2.2(a) hereof) to negotiate with Conergy to supply Conergy with additional Wafers, in excess of [***] percent ([***]%) of Conergy’s then current demand for Wafers (such potential amount, the “Additional Wafer Supply”). The price per watt for such Additional Wafer Supply shall be negotiated by the parties. If the parties are unable to reach agreement on price and quantity for such Additional Wafer Supply by May 1 for the ensuing Contract Year commencing on July 1, Conergy may buy such Additional Wafer Supply from other suppliers. Such Additional Wafer Supply, if supplied by MEMC, shall not be added to the Yearly Minimum Quantity for the then current Contract Year or any Contract Year thereafter unless the parties expressly agree.
Preferred Vendor. BSQUARE shall be a preferred Microsoft vendor for Microsoft Visual Tools for Windows CE projects.
Preferred Vendor. Buyer will give Seller the same opportunity to sell its Yaskawa Products to Buyer for resale to Semiconductor Customers as Buyer provides to itself or any third party in their sale of atmospheric robotics products for such Semiconductor Customers, which means that (i) Buyer will keep Seller informed of its future (whether actual or potential) requirements of atmospheric robotic products for the Semiconductor Industry, (ii) Buyer shall notify Seller promptly after receipt of an inquiry from a Semiconductor Customer regarding the supply of an atmospheric robotics product for the Semiconductor Industry and will provide Seller with the Required Bid Information with such notice, (iii) within 10 Business Days (or such longer period as the parties may agree on a case by case basis based on the actual requirements of the Semiconductor Customer) of receipt of such notification and Required Bid Information from Buyer (the "DETERMINATION PERIOD"), Seller shall respond to Buyer indicating whether Seller elects to supply the Yaskawa Product and, if so, providing a preliminary estimate of the lead time and price for the same (each estimate, a "PROJECT BID") and (iv) if Seller provides a Project Bid to Buyer in the Determination Period, Buyer will present Seller's Project Bid to its Semiconductor Customer; provided that Buyer may inform its Semiconductor Customer of its obligations under the foregoing process and, if the Semiconductor Customer instructs Buyer that the Semiconductor Customer is not interested in acquiring Seller's atmospheric products, for any or no reason, Buyer shall be deemed to have complied with the foregoing process for such sale of Products to such Semiconductor Customer. If Buyer does not provide Seller with the Required Bid Information pursuant to clause (ii) above, (A) Seller shall provide Buyer with written notice within three (3) Business Days of receipt of notification from Buyer under clause (ii) of what Required Bid Information is missing and (B) if the notification under clause (A) is delivered in that timeframe, (1) The Determination Period shall recommence once the Buyer provides Seller with such Required Bid Information and (2) the process set forth in clauses (ii) through (iv) above shall recommence upon such delivery. Notwithstanding anything to the contrary herein, Buyer will use good faith efforts to obtain all the items set forth on Schedule C, but shall be deemed to have met its obligation to provide all Required Bid Information s...
Preferred Vendor. 8.1 Each of the parties agrees in principle to grant priority to the JV Company as its vendor subject to terms to be agreed upon.
Preferred Vendor. For the term of this Agreement, Seller shall be the preferred provider to Buyer of all products listed on Seller’s published price lists to be appended to this Agreement, including but not limited to Seller’s Access, BBRS, Outside Plant, Power, and Optical Networks business units and all services provided by Seller. Any such products and services shall be provided pursuant to certain terms and conditions specific to each business unit to be mutually agreed upon in an addendum to this agreement. Subject to the provisions of Article 6, subpart 6.1(j) of the Loan and Security Agreement, invoices for all products purchased from Seller under this Agreement will count towards the draw down requirements of the Loan and Security Agreement. Only Products listed in Exhibit B (purchased from the Access business unit) will be credited towards the minimum purchase amount defined in Section 5.4 of this Agreement. As the preferred provider, Seller shall have the first right of refusal, but not the obligation, to provide such products and services to Buyer. Such first right of refusal for Seller is subject to Seller’s ability to provide the products and services, as the case may be, at market competitive prices, under satisfactory delivery standards and with the functionality required by Buyer. In the event Buyer reasonably determines that Seller’s prices are not market competitive, the delivery standards are unsatisfactory, or the functionality required by Buyer is not met for such products, Buyer shall notify Seller of the reason(s) for the determination in writing prior to procuring products from another source. Buyer shall have the final decision as to whether the Seller’s Product is acceptable, provided that the reasons given for refusing the Seller’s product is reasonable. The parties recognize that, without diminishing the importance or materiality of any other provision of this Agreement, this Section 13.18 is a material inducement to Seller’s entering into this Agreement.
Preferred Vendor. To the extent Company establishes during the ---------------- Term a "preferred vendor" program offering vendor participants promotional advantages and opportunities, Company will offer Jutvision an opportunity to participate in such preferred vendor program on terms consistent with those offered to other vendors of Company.
Preferred Vendor. Xxxxxx.xxx will be the preferred vendor of Virtual ---------------- Tour Images for the MRIS System and Company Site. Except as specifically provided below, Company will not directly or indirectly promote itself, or act, as a provider of Virtual Tour Images, nor will it promote or use the services of any third party acting in such capacity. In addition, Company will not permit any Virtual Tour Images or related technology or services of any third party to be posted to, linked to or otherwise made accessible through the MRIS System Or Company Site. Notwithstanding the foregoing, Company will not be restricted from accommodating any third-party Virtual Tour Images already posted on or linked to the Company Site and/or MRIS System prior to the Term or from posting or linking of third-party Virtual Tour Images to the Company Site and/or MRIS System for those MRIS Subscribers that insist on alternative virtual [*]=CERTAIN INFORMATION ON THIS PAGE HAS BEEN OMITTED AND FILED SEPARATELY WITH THE COMMISSION. CONFIDENTIAL TREATMENT HAS BEEN REQUESTED WITH RESPECT TO THE OMITTED PORTIONS. tour solutions, during the Term.
Preferred Vendor. Purchaser shall use Seller (or Lime Energy Co. if designated by Seller) as its preferred installation and integration vendor for Purchaser’s eMAC and uMAC sales, provided that Seller’s quote to provide such services is within ten percent (10%) of a bona fide third party bid. Upon Seller’s completion of the installation and/or integration services, Purchaser shall pay all such installation and integration service and parts costs to Seller within five (5) days of receipt of payment relating to such sale (such amount of Seller’s service and parts costs for which payment shall have been received by Purchaser, referred to herein as “Other Revenue”), unless other payment arrangements shall have been agreed upon in writing by Purchaser and Seller or Lime Energy Co. Seller may assign its rights and obligations under this Section 5.4 to Lime Energy Co. The actual amount of service and parts costs paid to Seller by Purchaser for installation/integration services and parts pursuant to this Section 5.4 shall be credited in favor of Purchaser against the $4 million earnout cap set forth in Section 1.4.
