Pricing Guarantee Sample Clauses

A Pricing Guarantee clause ensures that the prices specified in a contract will remain fixed for a certain period or under certain conditions, protecting the buyer from unexpected price increases. Typically, this clause applies to goods or services provided over time, and may specify exceptions such as changes in law or raw material costs. Its core function is to provide cost certainty and budget stability for the buyer, reducing the risk of unforeseen expenses during the contract term.
Pricing Guarantee. Vendor guarantees that it shall perform and provide the Services and Deliverables in accordance with the fees, fee rates, and pricing that are expressly set out in the Statement of Work ("Pricing Guarantees"). Vendor acknowledges and agrees that such Pricing Guarantees constitute a material representation and inducement that City has directly relied upon to enter into this Agreement.
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Pricing Guarantee. Pegasus hereby guarantees that the pricing offered to any other hotel company for any of the Services shall not be any more favorable than the pricing set forth herein for the Services provided to HHC. In the event Pegasus enters into an agreement with any other hotel company with more favorable pricing than as set forth in this Agreement, either for the individual services specified herein or for the package, or for any similar or comparable package of services, Pegasus shall notify of such pricing within thirty (30) days of any agreement for such more favorable pricing and shall make such pricing available to HHC and, if accepted by HHC, this Agreement shall be amended to include such pricing.
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Pricing Guarantee. In the event that Systemseven's pricing increases, Customer's monthly recurring charge will remain at the price set during order placement or special billing agreement for 12 months following Customer's Activation Date. Additionally, if Customer's account is invoiced quarterly, semi-annually or annually, Customer will receive Customer's set monthly recurring charge until the end of the current payment period. This does not include new orders under the same name and/or location or new orders associated with a service relocation, nor orders for service changes that may be required if the desired service is not available due to technical or other reasons. Price changes for different packages at the same speeds, technologies, and throughput level are not included; one-time charges, applicable state and federal taxes, and promotional pricing are excluded. This guarantee only applies to the recurring broadband service charges. Any modification of pricing must be approved by both Systemseven and Customer by email or in writing.
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Pricing Guarantee. Within 120 days after the end of each Contract year, BENECARD will reconcile all pricing guarantees as billed to CLIENT for claims incurred during the contract year as set forth below. If the actual performance is less than the guaranteed amounts, BENECARD will make up any net shortfall on a dollar for dollar basis. For purposes of this guarantee, net shortfall is defined as the aggregate shortfall of all pricing guarantees. Surpluses in one guarantee may be used to offset shortfalls in another guarantee. The effective rate guarantee for ingredient cost is calculated by subtracting the total ingredient cost paid from the corresponding 100% of AWP value for brand and generic claims (based on Medi-Span), then dividing that number by the corresponding 100% of AWP value. The average dispensing fee guarantees, if applicable, are calculated by dividing the total amount of dispensing fees paid, by the total number of prescriptions dispensed. Guarantees assume participation in our standard clinical programs, no significant change(s) to information provided as part of the RFP, retail network, enrollment, drug coverage, or plan design that could have a material impact on eligibility, utilization, or drug mix. In the event that material shifts of 2% or greater in specialty utilization or 10% more or less in utilization in any other given channel from historical claims detail provided during RFP process or renewal process or material shifts of 10% in life count beyond what was specified at any time during the initial term, then BENECARD PBF reserves the right to adjust the guarantees. In the event any of BENECARD PBF’s vendor contracts change materially, BENECARD PBF reserves the right to adjust guarantees accordingly. Financial Guarantees that are impacted by CLIENT’s plan design are only valid when a supportive plan design is adopted by the CLIENT. CLIENT entered overrides via Online Administration tool (“OLA”) or CLIENT directed overrides are excluded from guarantees. Prescription claims previously paid under coverage by medical insurance carrier are excluded from guarantees. Certain claims, as determined by BENECARD PBF, shall be excluded from guarantees, including but not limited to the following: Prescriptions filled in states that impose “most favored nations” regulations on retail pharmacies reimbursement, Prescriptions filled in Alaska, Hawaii, Massachusetts, and all US territories including, but not limited to, American Samoa, Guam, the Northern Mariana Isla...
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Related to Pricing Guarantee

  • Continuing Guarantee This guarantee is a continuing guarantee and will extend to the ultimate balance of sums payable by any Obligor under the Finance Documents, regardless of any intermediate payment or discharge in whole or in part.

  • Continuing Guaranty This Guaranty is a continuing guaranty and shall remain in effect until all of the Guaranteed Obligations shall have been paid in full and the Revolving Commitments shall have terminated and all Letters of Credit shall have expired or been cancelled. Each Guarantor hereby irrevocably waives any right to revoke this Guaranty as to future transactions giving rise to any Guaranteed Obligations.

  • Guarantee of Payment; Continuing Guarantee The guarantee in this Article IV is a guaranty of payment and not of collection, is a continuing guarantee, and shall apply to all Obligations whenever arising.

  • Continuing Guaranty; Assignments This Article XI is a continuing guaranty and shall (a) remain in full force and effect until the later of the cash payment in full of the Guaranteed Obligations (other than Contingent Indemnity Obligations) and all other amounts payable under this Article XI and the Final Maturity Date, (b) be binding upon each Guarantor, its successors and assigns and (c) inure to the benefit of and be enforceable by the Secured Parties and their successors, pledgees, transferees and assigns. Without limiting the generality of the foregoing clause (c), any Lender may pledge, assign or otherwise transfer all or any portion of its rights and obligations under this Agreement (including, without limitation, all or any portion of its Commitments, its Loans owing to it) to any other Person, and such other Person shall thereupon become vested with all the benefits in respect thereof granted such Lender herein or otherwise, in each case as provided in Section 12.07.

  • Subsidiary Guarantee For value received, each of the Subsidiary Guarantors named (or deemed herein to be named) below hereby jointly and severally fully and unconditionally guarantees to the Holder of the Security upon which this Subsidiary Guarantee is endorsed, and to the Trustee on behalf of such Holder, the due and punctual payment of the principal of (and premium, if any) and interest on such Security when and as the same shall become due and payable, whether at the Stated Maturity, by acceleration, call for redemption, offer to purchase or otherwise, according to the terms thereof and of the Indenture referred to therein and to cover all the rights of the Trustee under Section 607. In case of the failure of the Company punctually to make any such payment, each of the Subsidiary Guarantors hereby jointly and severally agrees to cause such payment to be made punctually when and as the same shall become due and payable, whether at the Stated Maturity or by acceleration, call for redemption, offer to purchase or otherwise, and as if such payment were made by the Company. Each of the Subsidiary Guarantors hereby jointly and severally agrees that its obligations hereunder shall be absolute and unconditional, irrespective of, and shall be unaffected by, the validity, regularity or enforceability of such Security or the Indenture, the absence of any action to enforce the same or any release, amendment, waiver or indulgence granted to the Company or any other guarantor, or any consent to departure from any requirement of any other guarantee of all or of any of the Securities of this series, or any other circumstances which might otherwise constitute a legal or equitable discharge or defense of a surety or guarantor; provided, however, that, notwithstanding the foregoing, no such release, amendment, waiver or indulgence shall, without the consent of such Subsidiary Guarantor, increase the principal amount of such Security, or increase the interest rate thereon, or alter the Stated Maturity thereof. Each of the Subsidiary Guarantors hereby waives the benefits of diligence, presentment, demand of payment, any requirement that the Trustee or any of the Holders protect, secure, perfect or insure any security interest in or other lien on any property subject thereto or exhaust any right or take any action against the Company or any other Person or any collateral, filing of claims with a court in the event of insolvency or bankruptcy of the Company, any right to require a proceeding first against the Company, protest or notice with respect to such Security or the indebtedness evidenced thereby and all demands whatsoever, and covenants that this Subsidiary Guarantee will not be discharged except by complete performance of the obligations contained in such Security and in this Subsidiary Guarantee. Each Subsidiary Guarantor agrees that if, after the occurrence and during the continuance of an Event of Default with respect to Securities of this series, the Trustee or any of the Holders are prevented by applicable law from exercising their respective rights to accelerate the maturity of the Securities of this series, to collect interest on the Securities of this series, or to enforce or exercise any other right or remedy with respect to the Securities of this series, such Subsidiary Guarantor agrees to pay to the Trustee for the account of the Holders, upon demand therefor, the amount that would otherwise have been due and payable had such rights and remedies been permitted to be exercised by the Trustee or any of the Holders. No reference herein to the Indenture and no provision of this Subsidiary Guarantee or of the Indenture shall alter or impair the Subsidiary Guarantee of any Subsidiary Guarantor, which is absolute and unconditional, of the due and punctual payment of the principal (and premium, if any) and interest on the Security upon which this Subsidiary Guarantee is endorsed. Each Subsidiary Guarantor shall be subrogated to all rights of the Holder of this Security against the Company in respect of any amounts paid by such Subsidiary Guarantor on account of this Security pursuant to the provisions of its Subsidiary Guarantee or the Indenture; provided, however, that such Subsidiary Guarantor shall not be entitled to enforce or to receive any payments arising out of, or based upon, such right of subrogation until the principal of (and premium, if any) and interest on this Security and all other Securities of this series issued under the Indenture shall have been paid in full. This Subsidiary Guarantee shall remain in full force and effect and continue to be effective should any petition be filed by or against the Company for liquidation or reorganization, should the Company become insolvent or make an assignment for the benefit of creditors or should a receiver or trustee be appointed for all or any part of the Company’s assets, and shall, to the fullest extent permitted by law, continue to be effective or be reinstated, as the case may be, if at any time payment and performance of the Securities of this series is, pursuant to applicable law, rescinded or reduced in amount, or must otherwise be restored or returned by any Holder of the Securities of this series, whether as a “voidable preference,” “fraudulent transfer,” or otherwise, all as though such payment or performance had not been made. In the event that any payment, or any part thereof, is rescinded, reduced, restored or returned, the Securities of this series shall, to the fullest extent permitted by law, be reinstated and deemed reduced only by such amount paid and not so rescinded, reduced, restored or returned. The Subsidiary Guarantors or any particular Subsidiary Guarantor shall be released from this Subsidiary Guarantee upon the terms and subject to certain conditions provided in the Indenture. By delivery to the Trustee of a supplement to the Indenture referred to in the Security upon which this Subsidiary Guarantee is endorsed in accordance with the terms of the Indenture, each Person that becomes a Subsidiary Guarantor after the date of first issuance of the Securities of this series will be deemed to have executed and delivered this Subsidiary Guarantee for the benefit of the Holder of the Security upon which this Subsidiary Guarantee is endorsed with the same effect as if such Subsidiary Guarantor were named below and had executed and delivered this Subsidiary Guarantee. All terms used in this Subsidiary Guarantee which are defined in the Indenture shall have the meanings assigned to them in such Indenture. This Subsidiary Guarantee shall not be valid or obligatory for any purpose until the certificate of authentication on the Security upon which this Subsidiary Guarantee is endorsed shall have been executed by the Trustee under the Indenture by manual signature. Reference is made to the Indenture for further provisions with respect to this Subsidiary Guarantee. This Subsidiary Guarantee shall be governed by and construed in accordance with the laws of the State of New York.