Preferred Customer Pricing Sample Clauses

Preferred Customer Pricing. In consideration of the foregoing, TESCO and Turnkey agree that Turnkey shall receive a preferred customer pricing on any service procured from TESCO or any product rented or sold by TESCO or covered by a TESCO patent or trade secret ("TESCO Product") for Turnkey's own internal use. For purchased products, the preferred customer pricing shall be calculated as the lesser of (a) TESCO's direct cost plus ten percent (10%) or (b) eighty-five percent (85%) of the lowest price charged to another non-TESCO affiliated customer. In the event Turnkey can demonstrate by reasonable documentation that it can build a consumable TESCO Product (i.e. a TESCO Product that is consumed or left in the hole during drilling operations), including any versions modified for Turnkey's specific needs, at a substantially lower cost than TESCO, Turnkey may offer TESCO the right to provide such consumable TESCO Product at the documented lower price, and upon receipt of notice that TESCO does not wish to meet such documented price, which notice shall not be unreasonably withheld or delayed, Turnkey may manufacture such consumable TESCO Products and pay TESCO a royalty of ten percent (10%) of Turnkey's manufacturing cost-provided, that use of such TESCO Products shall be limited to internal use by Turnkey on its own rigs, without right of resale, rental or use for the benefit of any third party (the "Internal Use License"). The Internal Use License shall be nontransferable and shall terminate on termination of this Agreement, provided, that TESCO Products manufactured by Turnkey under the Internal Use License shall continue to be subject to the restrictions set forth above after termination of this Agreement. For rented products, the preferred customer day rate pricing shall be calculated as (a) TESCO's direct manufacturing cost of the product divided by 730 (representing a 2-year amortization daily charge) plus (b) 10%. Cost of TESCO personnel, equipment repair and other costs associated with rental products will be charged at TESCO's direct cost plus 10%. Turnkey guarantees a minimum of 200 rental days per year for each rented product.
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Preferred Customer Pricing. Notwithstanding anything contained herein to the contrary, Seller hereby represents and warrants to Buyer that the Net Effective Price for each Product hereunder shall not exceed the lowest Net Effective Price for such Product offered by Seller to any of its other reseller customers (excluding Distributors and Seller’s Affiliates) in the Territory for substantially equivalent purchases on substantially equivalent terms. The term “Distributor” shall be defined as third parties selling Products to third party resellers and installers and offering such third parties support or other services related to the Products. The term “Net Effective Pricing” shall be defined as the totality of (a) the price for such Product and Master Supply & Purchasing Agreement
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Preferred Customer Pricing. Notwithstanding anything contained herein to the contrary, Seller hereby represents and warrants to Buyer that the Net Effective Price for each Product hereunder shall not exceed the lowest Net Effective Price for such Product offered by Seller to any of its other customers (excluding Distributors and Seller’s Affiliates) in the Territory for substantially equivalent purchases on substantially equivalent terms. The term “Distributor” shall be defined as third parties selling Products to third party resellers and installers and offering such third parties support or other services related to the Products. The term “Net Effective Pricing” shall be defined as the totality of (a) the price for such Product and (b) all other economic terms including credits, rebates, refunds, purchase volumes, purchase commitments, discounts and allowances and whether or not such Product is being sold bundled with any other Seller products. If Seller extends a lower Net Effective Price for any Product to any other reseller customer in the Territory (excluding Distributors and Affiliates), Seller will notify Buyer thereof within five (5) business days of such offer and shall reduce the Net Effective Price to such price effective as of the date of such sale.
Sample 1

Related to Preferred Customer Pricing

  • Most Favored Customer Contractor shall, within thirty (30) days of their effective date, to notify the Lead State and NASPO ValuePoint of any contractual most-favored-customer provisions in third-party contracts or agreements that may affect the promotion of this Master Agreements or whose terms provide for adjustments to future rates or pricing based on rates, pricing in, or Orders from this Master Agreement. Upon request of the Lead State or NASPO ValuePoint, Contractor shall provide a copy of any such provisions.

  • Customer Agreement In the event of a conflict between this Agreement and any other agreement between the Bank and the Customer relating to the Account, the terms of this Agreement will prevail, and in all other respects the terms of the other agreement relating to the Account shall apply with respect to any matters not covered by this Agreement. Regardless of any provision in any such agreement, the State of New York shall be deemed to be the Bank’s location for the purposes of this Agreement and the perfection and priority of the Secured Party’s security interest in the Account.

  • Contact with Customers and Suppliers Until the Closing Date, the Buyer shall not, and shall cause its Affiliates and direct its other Representatives not to, contact or communicate with the employees, customers, suppliers, distributors or licensors of the Acquired Entities, or any other Persons having a business relationship with the Acquired Entities, concerning the transactions contemplated hereby or any of the foregoing relationships without the prior written consent of the Seller.

  • BUSINESS CONTINUITY/DISASTER RECOVERY In the event of equipment failure, work stoppage, governmental action, communication disruption or other impossibility of performance beyond State Street’s control, State Street shall take reasonable steps to minimize service interruptions. Specifically, State Street shall implement reasonable procedures to prevent the loss of data and to recover from service interruptions caused by equipment failure or other circumstances with resumption of all substantial elements of services in a timeframe sufficient to meet business requirements. State Street shall enter into and shall maintain in effect at all times during the term of this Agreement with appropriate parties one or more agreements making reasonable provision for (i) periodic back-up of the computer files and data with respect to the Trusts; and (ii) emergency use of electronic data processing equipment to provide services under this Agreement. State Street shall test the ability to recover to alternate data processing equipment in accordance with State Street program standards, and provide a high level summary of business continuity test results to the Trusts upon request. State Street will remedy any material deficiencies in accordance with State Street program standards. Upon reasonable advance notice, and at no cost to State Street, the Trusts retain the right to review State Street’s business continuity, crisis management, disaster recovery, and third-party vendor management processes and programs (including discussions with the relevant subject matter experts and an on-site review of the production facilities used) related to delivery of the service no more frequently than an annual basis. Upon reasonable request, the State Street also shall discuss with senior management of the Trusts any business continuity/disaster recovery plan of the State Street and/or provide a high-level presentation summarizing such plan.”

  • Supplier Selection If Customer selects a seat or galley supplier that is not on the Boeing recommended list, such seat or galley will become BFE and the provisions of Exhibit A, Buyer Furnished Equipment Provisions Document, of the AGTA will apply.

  • Significant Customers and Suppliers No customer or supplier which was significant to the Company during the period covered by the Financial Statements or which has been significant to the Company thereafter, has terminated or breached, materially reduced or threatened to terminate, breach or materially reduce its purchases from or provision of products or services to the Company, as the case may be.

  • Customer Agreements 29.1 Trader to include provisions in Customer Agreements: The following clauses apply in respect of the Trader’s Customer Agreements:

  • Customer The agency or eligible user that purchases commodities or contractual services pursuant to the Contract.

  • Suppliers and Customers (a) The Company has adequate sources of supply for its business as currently conducted and as proposed to be conducted. The Company has good relationships with all of its material sources of supply of goods and services and does not anticipate any material problem with any such material sources of supply.

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