Competitive Neutrality Sample Clauses

The Competitive Neutrality clause ensures that no party gains an unfair competitive advantage as a result of the agreement. In practice, this means that the terms of the contract are structured so that all parties, including any government entities or affiliates, operate under the same commercial conditions as private sector participants. For example, it may require that government-owned businesses do not receive preferential treatment or subsidies that are unavailable to others. The core function of this clause is to promote a level playing field, preventing distortions in competition and ensuring fairness among all parties involved.
Competitive Neutrality. 1. The Parties shall take reasonable measures to ensure that governments at all levels do not provide any competitive advantage to any government-owned businesses in their business activities simply because they are government owned. 2. This Article applies to the business activities of government-owned businesses and not to their non-business, non-commercial activities.
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Competitive Neutrality. The City agrees that under K.S.A. 12-2001 and K.S.A 17-1902, and other state and federal laws, this Contract Franchise ordinance must be competitively neutral and may not be unreasonable or discriminatory to any telecommunications provider operating in the City.
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Competitive Neutrality. Any PEG access channel designation requirements set forth in any other cable television franchise in the Town shall not be different than the channel designation requirements required under this franchise, and any provisions for PEG access facilities, equipment and support in such other franchise shall be competitively neutral when compared to this franchise.
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Competitive Neutrality. The Parties shall apply this Chapter to all enterprises, public and private.
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Competitive Neutrality. The Parties understand and agree that, with respect to providers of telecommunications services, the City is to manage and administer “the public Rights- of-Way or to require fair and reasonable compensation, on a competitively neutral and non- discriminatory basis, for the use of public Rights-of-Way on a non-discriminatory basis,” all as provided in 47 U.S.C. § 253(c). To this end, in order to maintain a relatively level playing field among all similarly situated providers of telecommunications services, upon the grant or renewal of another franchise in the Rights-of-Way where material terms or conditions of this Franchise conflict with a change in the City Code or right-of-way ordinances, or the provisions of this Franchise provide a material competitive advantage over another similarly situated telecommunications provider (such that it negatively and materially impacts the City’s ability to effectively manage and administer the Rights-of-Way), then the City may elect to renegotiate with Franchisee in good faith to modify the terms and provisions of this Franchise to obtain material terms and conditions that, as a whole, are competitively neutral among similarly situated providers of telecommunications services.‌
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Competitive Neutrality. The City agrees that under K.S.A. 12-2001 and K.S.A 17-1902, and other state and federal laws, this contract franchise ordinance must be competitively neutral and may not be unreasonable or discriminatory to any telecommunications provider operating in the City. In entering into this contract franchise ordinance, the City specifically recognizes it must ensure all other telecommunications providers operating in the City are subject to a substantially similar contract franchise ordinance within a timely manner not to exceed one hundred and eighty (180) days from either the time this contract franchise ordinance becomes effective, or from the date a telecommunications provider begins to offer telecommunications service in the City. It is the City's sole responsibility to identify the telecommunications providers operating in City, and utilize all available legal means, if necessary, to ensure all such telecommunications providers are subject to a substantially similar contract franchise ordinance.
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Competitive Neutrality. The Parties understand and agree that, with respect to providers of telecommunications services, the City is to manage and administer “the public Rights-of-Way or to require fair and reasonable compensation, on a competitively neutral and non-discriminatory
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Competitive Neutrality. This Chapter applies to all enterprises, public or private.
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Competitive Neutrality 
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Related to Competitive Neutrality

  • Competitive Terms If the Customer is able to obtain from any Sub-Contractor or any other third party more favourable commercial terms with respect to the supply of any materials, equipment, software, goods or services used by the Supplier or the Supplier Personnel in the supply of the Goods and/or Services, then the Customer may: require the Supplier to replace its existing commercial terms with its Sub-Contractor with the more favourable commercial terms obtained by the Customer in respect of the relevant item; or subject to Clause 29.4 (Termination of Sub-Contracts), enter into a direct agreement with that Sub-Contractor or third party in respect of the relevant item. If the Customer exercises the option pursuant to Clause 29.5.1, then the Call Off Contract Charges shall be reduced by an amount that is agreed in accordance with the Variation Procedure. The Customer's right to enter into a direct agreement for the supply of the relevant items is subject to: the Customer making the relevant item available to the Supplier where this is necessary for the Supplier to provide the Goods and/or Services; and any reduction in the Call Off Contract Charges taking into account any unavoidable costs payable by the Supplier in respect of the substituted item, including in respect of any licence fees or early termination charges.

  • Competitive Activities (a) The Executive agrees and acknowledges that by virtue of his employment hereunder, he will maintain an intimate knowledge of the activities and affairs of the Employer, including trade secrets, plans, business plans, strategies, projections, market studies, customer information, employee records and other internal proprietary and confidential information and matters (collectively “Confidential Information”). As a result, and also because of the special, unique and extraordinary services that the Executive is capable of performing for the Employer or one of its competitors, the Executive recognizes that the services to be rendered by him hereunder are of a character giving them a peculiar value, the loss of which cannot be adequately or reasonably compensated for by damages. (b) Except for the purpose of carrying out his duties hereunder, the Executive will not remove or retain, or make copies or reproductions of, any figures, documents, records, discs, computer records, calculations, letters, papers, or recorded or documented information of any type or description relating to the business of the Employer. The Executive agrees that he will not divulge to others any information (whether or not documented or recorded) or data acquired by him while in the Employer’s employ relating to methods, processes or other trade secrets or other Confidential Information. (c) The Executive agrees that the Employer is, and shall be, the sole and exclusive owner of all improvements, ideas and suggestions, whether or not subject to patent or trademark protection, and all copyrightable materials which are conceived by the Executive during his employment, which relate to the business of the Employer, which are confidential, or which are not readily ascertainable from persons or other sources outside the Employer. (d) Unless the Executive’s employment is terminated in connection with or following a Change in Control, then for a period of one year after the termination of employment, the Executive shall not, directly or indirectly, solicit, induce, encourage or attempt to influence any client, customer or employee of the Employer to cease to do business with, or to terminate any employee’s employment with, the Employer. The Executive shall not be subject to any of the limitations set forth in the preceding sentence if the Executive’s employment is terminated in connection with or following a Change in Control. (e) The Executive agrees that during the term of his employment hereunder, except with the express consent of the Employer, he will not, directly or indirectly, engage or participate in, become a director of, or render advisory or other services for, or in connection with, or become interested in, or make any financial investment in any firm, corporation, business entity or business enterprise competitive with or to any business of the Employer; provided, however, that the Executive shall not thereby be precluded or prohibited from owning passive investments, including investments in the securities of other financial institutions, so long as such ownership does not require him to devote substantial time to management or control of the business or activities in which he has invested. Notwithstanding anything to the contrary contained in this Agreement, during the term of this Agreement, the Executive shall have no employment contract or other written or oral agreement concerning employment as an officer of a savings bank or any other financial institution or financial institution holding company nor with any other entity or person other than the Bank or the Corporation. The provisions of this Section 9(e) shall not be applicable if the Executive’s employment is terminated in connection with or following a Change in Control. (f) The Employer shall be entitled to immediate injunctive or other equitable relief to restrain the Executive from failing to comply with any obligation under this Section 9 or from rendering his services to persons or entities than the Employer, in addition to any other remedies to which the Employer may be entitled under law. The right to such injunctive or other equitable relief shall survive the termination by the Employer of the Executive’s employment. (g) The Executive acknowledges that the restrictions contained in this Section 9 are reasonable and necessary to protect the legitimate interests of the Employer and that any violation thereof would result in irreparable injuries to the Employer. The Executive acknowledges that, if the Executive violates any of these restrictions, the Employer is entitled to obtain from any court of competent jurisdiction, preliminary and permanent injunctive relief as well as damages, and an equitable accounting of any earnings, profits and other benefits arising from such violation, which rights shall be cumulative and in addition to any other rights or remedies to which the Employer may be entitled. The Executive further acknowledges that the provisions of Sections 9(a), (b), (c), (f) and (g) shall remain in full force and effect beyond the termination of the Executive’s employment for any reason, including but not limited to termination in connection with or following a Change in Control.