Favorable Terms. Synnex warrants that during the term of this Agreement the terms and conditions of this Agreement, including discounts, prices and shipping, are no less favorable than the terms, conditions, discounts and prices given to any third party that purchases or licenses products or services from Synnex in similar quantities and under similar conditions. Blue Coat reserves the right to audit Synnex’s books and records, during the term of this Agreement and for three (3) years after its termination to verify Synnex’s compliance with this Section. The audit will not be done more than once in any calendar year and shall be done through an independent third party. Such third party shall execute a non-disclosure agreement prior to performing the audit. The cost of the audit shall be borne by Blue Coat, unless the third party determines that Synnex is not in compliance with this Section in which event Synnex shall pay for the audit. If the third party determines that Synnex has not charged Blue Coat the correct price, Synnex shall pay to Blue Coat the difference within thirty (30) days after the third party issues its report.
Favorable Terms. Vendor warrants that during the term of this Agreement the terms and conditions of this Agreement, including discounts, prices and shipping, are no less favorable than the terms, conditions, discounts and prices given to any third party that purchases or licenses the similar products or services from Vendor under similar terms and conditions. Blue Coat reserves the right to hire a third party (a US nationally recognized auditing firm) to audit Vendor’s books and records limited to the transaction documents between Blue Coat and Vendor, during the term of this Agreement and for sixty (60) days thereafter to verify Vendor’s compliance with this Section. The audit shall be strictly subject to Vendor’s confidential obligations to any third party. The cost of the audit shall be borne by Blue Coat, unless it is determined through the audit that Vendor is charging Blue Coat at least 10 percent more than another party, in which event Vendor shall pay for the audit. If the audit indicates that Vendor has overcharged Blue Coat (with evidence provided to Vendor), Vendor shall pay to Blue Coat the difference within forty-five (45) days after such discovery.
Favorable Terms. During the Term the net economic value, where net economic value is calculated as Supplier Revenue Share plus any other dollars received by Supplier minus any other dollars spent by Supplier, of the Services as defined by Bank of America that Supplier provides to Bank of America under this Agreement will be as favorable as (or better than) that provided by Supplier to any other customer obtaining similar services from Cardlytics.
Favorable Terms. The Group Company and the Founders jointly and severally undertake to JD that in the event any Group Company grants, issues, or provides any existing Shareholder (other than JD) any right, privilege or protection more favorable than those granted to JD (the “JD Favorable Terms”), then JD shall have the right to acquire such JD Favorable Terms and have them apply to (i) the shares JD is entitled to purchase and (ii) JD’s shares already in its possession; provided that, in the case the purchase price per share paid by any new investor is lower than purchase price per share paid by JD, JD shall have the right to acquire any right, privilege or protection more favorable than those granted to JD enjoyed by such new investor and have them apply to (i) the shares JD is entitled to purchase and (ii) JD’s shares already in its possession. The Group Company and the Founders jointly and severally undertake to Oriza that in the event any Group Company (A) grants, issues, or provides any existing Shareholder (other than JD) any right, privilege or protection more favorable than those granted to Oriza or (B) grants, issues, or provides JD any right, privilege or protection more favorable than those granted to Oriza (other than those already provided under the Transaction Documents (the “Oriza Favorable Terms”), then Oriza shall have the right to acquire such Oriza Favorable Terms and have them apply to (i) the shares Oriza is entitled to purchase and (ii) Oriza’s shares already in its possession; provided that, in the case the purchase price per share paid by any new investor is lower than purchase price per share paid by Oriza, Oriza shall have the right to acquire any right, privilege or protection more favorable than those granted to Oriza enjoyed by such new investor and have them apply to (i) the shares Oriza is entitled to purchase and (ii) Oriza’s shares already in its possession.
Favorable Terms. Contractor represents that all of the benefits and terms granted by Contractor herein are at least as favorable as the benefits and terms granted by Contractor to Illinois Home Rule Municipalities. Should Contractor enter into any subsequent agreement with any Illinois Home Rule Municipalities, during the term of this Agreement, which provides for benefits or terms more favorable than those contained in this Agreement, including all exhibits to this Agreement, then this Agreement shall be deemed to be modified to provide the Village with those more favorable benefits and terms. Contractor shall notify the Village, in writing, promptly of the existence of such more favorable benefits and terms and the Village shall have the right to receive the more favorable benefits and terms immediately. If requested in writing by the Village, Contractor shall amend this Agreement to contain the more favorable terms and conditions. CONTRACT EXHIBIT A- DESCRIPTION OF THE WORK
Favorable Terms. If, during the period when TWTI is obligated to pay royalties to ACLA under Section 3.9(b) with respect to TWTI Net Sales (the "TWTI Royalty Period"), ACLA enters into a written agreement with any Third Party, other than an Affiliate of ACLA, in which ACLA grants a license to such Third Party, under those patent claims under which ACLA granted to TWTI a license under Section 3.9(b), to make, use, and sell products, components or services under financial terms, considered as a whole and taking into account the non-cash consideration received by ACLA, that are substantially more favorable than those provided to TWTI in Section 3.9(b) and provided that the rights granted by ACLA are materially the same as set forth in Section 3.9(b), then TWTI shall have the right to obtain such more favorable financial terms and conditions under Section 3.9(b) during the TWTI Royalty Period to the extent and for so long as those more favorable terms and conditions are made available to such Third Party. Notwithstanding the foregoing, this Section 3.9(e) shall not apply in connection with any litigation settlement, transfer or sale of all or substantially all of ACLA's business or assets related to this Agreement, whether by way of merger, acquisition of stock or _________________ *** Certain information on this page has been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions. assets, operation of the law, or otherwise and shall not apply in connection with any agreement in which ACLA grants exclusivity. No rebates, credits, or refunds shall be payable or provided by ACLA as a result of this Section 3.9(e).
Favorable Terms. Network agrees that if it gives or offers, or has given or offered, to any third party (i) a lower net effective rate per subscriber for a Service than Affiliate is paying per Service Subscriber hereunder, (ii) the right to demand an Earthbox with fewer subscribers to the Primary Service in a Cable television system than is provided herein, (iii) a more favorable Promotional Payment, (iv) a more favorable Affiliate Share, (v) a more favorable Guaranteed Amount, or (vi) any other economic or non-economic term, provision, covenant or consideration, that are or is more favorable to such third party than Affiliate is receiving hereunder (clauses (i) through (vi) above, individually and collectively, shall be referred to herein as a "More Favorable Provision"), then Network shall promptly offer such More Favorable Provision to Affiliate for the same amount of time such More Favorable Provision is or was available to such third party. A More Favorable Provision shall not include any pertinent term, provision, covenant or consideration given or offered to any third party, provided it is the identical term, provision, covenant or consideration offered and granted to Affiliate the same number of times at one or more previous points in time. A More Favorable Provision shall include any term, provision, covenant or consideration, regardless of whether there is a corresponding term, provision, covenant or consideration concerning the subject matter of such More Favorable Provision in this Agreement or whether such term, provision, covenant or consideration relates to such third party's entire subscriber base or less than the entire base (e.g., a More Favorable Provision relating to a "test" of "sample" group of subscribers). The calculation of net effective rate shall include all economic and non-economic terms and provisions of an agreement that involve financial or other outlays (excluding contingent liabilities) by either party for the benefit of the other or in direct or indirect connection with the rates for the Services, or that involve direct or indirect consideration payable by either party to the other, such as discounts, credits, marketing support or adjustments of any kind including, but not limited to, actual per subscriber rates, launch reimbursements, advertising support, volume or other discounts, reimbursements, channel position fees, discounts, credits or rebates, pre-payment of loans, deductions for uncollected accounts, market contributions and othe...
Favorable Terms. The terms and interest rate of the Loan are at least as favorable to the Trust as the terms of a comparable loan resulting from arms-length negotiation between independent parties.
Favorable Terms. Service Provider represents that all of the benefits and terms granted by Firm herein are at least as favorable as the benefits and terms granted by the Service Provider to Local Government agencies within a 15-mile radius with a center point of 00 Xxxxx Xxxx Buffalo Grove Il 60089. Should Service Provider enter into any subsequent agreement with any Local Government agency described above, during the term of this Agreement, which provides for benefits or terms more favorable than those contained in this Agreement, including all exhibits to this Agreement, then this Agreement shall be deemed to be modified to provide the Village with those more favorable benefits and terms. Service Provider shall notify the Village, in writing, promptly of the existence of such more favorable benefits and terms and the Village shall have the right to receive the more favorable benefits and terms immediately. If requested in writing by the Village, Service Provider shall amend this Agreement to contain the more favorable terms and conditions.
Favorable Terms. Consultant represents that all of the benefits and terms granted by Consultant herein are at least as favorable as the benefits and terms granted by Consultant to Illinois Home Rule Municipalities. Should Consultant enter into any subsequent agreement with any Illinois Home Rule Municipalities, during the term of this Agreement, which provides for benefits or terms more favorable than those contained in this Agreement, including all exhibits to this Agreement, then this Agreement shall be deemed to be modified to provide the Village with those more favorable benefits and terms. Consultant shall notify the Village, in writing, promptly of the existence of such more favorable benefits and terms and the Village shall have the right to receive the more favorable benefits and terms immediately. If requested in writing by the Village, Consultant shall amend this Agreement to contain the more favorable terms and conditions.
