Pricing and Terms. MP will ensure that: (i) the prices (and any other required consideration) for Products in the Affiliated MP Site do not exceed the prices for the Products or substantially similar Products offered by or on behalf of MP through any Additional MP Channel; (ii) the terms and conditions related to Products in the Affiliated MP Site are no less favorable in any respect to the terms and conditions for the Products or substantially similar Products offered by or on behalf of MP through any Additional MP Channel; and (iii) both the prices and the terms and conditions related to Products in the Affiliated MP Site are reasonably competitive in all material respects with the prices and terms and conditions for the Products or substantially similar Products offered by any MP Competitor through any Interactive Site.
Pricing and Terms. 11.1 Client will publish terms and conditions of sale to all Customers. Standard terms are 2% -30 days, net 31 days. Contracted Customers may have non-standard terms.
Pricing and Terms. The prices, terms and conditions for Services in the MP Areas shall be (i) no less favorable in any respect than the prices, terms and conditions for the Services or substantially similar Services offered by or on behalf of MP through any Additional MP Channel (other than non-permanent special offers offered through Additional MP Channels other than www.xxxxxxxxxxxx.xxx, xxat cannot be reasonably duplicated for ICQ Users) and (ii) in the aggregate generally competitive with similarly situated Section 3.5 Entities in the same market space.
Pricing and Terms i. The pricing for Blackboard Solutions offered by TIPS to Customers is set forth in Exhibit A and shall remain in effect for the Initial one (1) year Term of the Agreement and subject to pricing and products updates thereafter during the three (3) term or if exercised, addition one (1) year extended term, of the Agreement. The pricing offered to Customers pursuant to this Agreement during the first year of this Agreement shall not exceed the TIPS price for the applicable Blackboard Solution which is set forth in Exhibit A hereto, exclusive of any other discounts or promotions that may be offered or available to the Customer.
Pricing and Terms. MP will ensure that: (i) the prices (and any ----------------- other required consideration) for Products in the Affiliated MP Site do not exceed the prices for the Products or substantially similar Products offered by or on behalf of MP through the MP Interactive Site for the same geographical area during the same time period; and (ii) the terms and conditions related to Products in the Affiliated MP Site are no less favorable in any respect to the terms and conditions for the Products or substantially similar Products offered by or on behalf of MP through the primary MP Interactive Site for the same geographical area during the same time period; and (iii) the prices in the aggregate for "[***] CONFIDENTIAL TREATMENT REQUESTED. OMITTED PORTIONS FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION]" MP's top [***] grocery Products shall be no higher than [***] percent ([***]%) above of the prices of such Products offered by any MP Competitor through any Interactive Site for sale in the same geographic area during the same time period.
Pricing and Terms. DigitalWork will ensure that: (i) the prices (and any other required consideration) for Products in the Co-Branded Site do not exceed the prices for the Products or substantially similar Products offered by or on behalf of DigitalWork through any Additional DigitalWork Channel; (ii) the terms and conditions related to Products in the Co-Branded Site are no less favorable in any respect to the terms and conditions for the Products or substantially similar Products offered by or on behalf of DigitalWork through any Additional DigitalWork Channel; and (iii) both the prices and the terms and conditions related to the overall Product line in the Co-Branded Site are reasonably competitive in the aggregate with the prices and terms and conditions for the Products or substantially similar Products (taking into account relative quality) offered by any comparable third party.
Pricing and Terms. All orders for DIRECTV SMATV Programming shall be taken on the terms and conditions, including pricing, specified to DSI MSO Dealer in advance and in writing by DSI/DIRECTV. All pricing for Commercial SMATV Establishments shall be set forth on the SMATV Rate Card. The fee charged to the DSI MSO Dealer Properties for the DIRECTV SMATV Programming shall be listed separately on any invoice or bill from any other charges billed to the DSI MSO Dealer Property by DSI MSO Dealer, and such fee for the DIRECTV SMATV Programming shall be the amount charged by DIRECTV for such DIRECTV SMATV Programming. DSI MSO Dealer shall not charge any DSI MSO Dealer Property any additional fee for obtaining the DIRECTV SMATV Programming or any fee which is based upon such DSI MSO Dealer Property’s receipt of any DIRECTV Service, it being understood that the Commission (as defined in Section 2.2(c)) is the sole compensation that DSI MSO Dealer is to receive from DSI or an DSI MSO Dealer Property for any DIRECTV Service. DSI/DIRECTV reserves the right to modify the contents of the DIRECTV SMATV Programming and pricing from time to time in its sole discretion, effective upon written notice to DSI MSO Dealer.
Pricing and Terms. Onvia will ensure that: (i) on the whole, the prices (and any other required consideration) for Products in the Co- Branded Site do not generally exceed the prices for the Products or substantially similar Products offered by or on behalf of Onvia through any Additional Onvia Channel; and (ii) the terms and conditions related to Products in the Co-Branded Site are generally no less favorable than the terms and conditions for the Products or substantially similar Products offered by or on behalf of Onvia through any Additional Onvia Channel.
Pricing and Terms. The price and terms of the products shall be determined at a later date acceptable to the Company and the Licensee. The Company will facilitate order immediately upon receiving order from the Licensee and shall deliver goods within 60 Days.
Pricing and Terms. In any market in which MP is offering any of the Energy Products, MP will offer through the Affiliated MP Site Energy Products (or offerings including Energy Products) to potential customers that are competitive with comparable offers of MP Competitors in that market. Comparability will be based on evaluating the overall offerings of MP in that market to the overall offerings of such MP Competitor in that market (and not on a product by product comparison). There shall be excluded from this comparison and evaluation any offers by a MP Competitor that are below cost or at or below pricing levels that would not be sustainable over time in a competitive market (e.g., predatory pricing, special market conditions that reflect short term fluctuations in pricing, or offers by a regulated utility). In the event that MP breaches its obligations under this Section 2.5, AOL may give MP notice of such breach, and MP will be deemed to have cured such breach if within one business day after its receipt of such notice, MP revises the Promotions on any Exclusive Service relating to any such noncompetitive offer to remove references to such offer, and thereafter within 60 days after MP's receipt of such notice MP amends its offerings to be competitive with any such comparable offers. AOL's sole remedy for a breach of this Section 2.5 will be that AOL may, after MP's failure to cure such breach, enter into non-exclusive agreements with other providers of Energy Products in such market to promote competitive products to AOL Members, where any such agreement may not have a term in excess of three (3) years; provided, however, that if at any time thereafter MP provides AOL a notice that MP has cured such breach for such market, then AOL may not enter into any other such agreements or renew any such agreements, but AOL shall have the right to fulfill its obligations under any such agreements entered into prior to its receipt of such notice. Notwithstanding the foregoing, the provisions of this Section 2.5 shall not apply to any market in which MP does not have an exclusive right to promote Energy Products hereunder (when AOL has the right to promote the Energy Products of other providers pursuant to Sections 2.5 or 3.4).
