Most Favorable Pricing Clause Samples
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Most Favorable Pricing. Vendor represents and warrants that the initial proposed license fees, hosting fees, support fees, consulting fees, and any other fees shall each when considered severalty and as an aggregate total are equivalent or better pricing terms than those granted by Vendor to any other customer located within the continental United States over the last 24 months. In the event licenses or services are priced based on the size of the institution or on a per-unit basis (e.g. number of students, per server, per GB of storage, etc.) then the equivalent or better pricing guarantee shall be calculated by the per-unit basis or by dividing the number of users counted for licensing purposes by the same licensing fees and arriving a per-headcount license cost. “Recurring Fees” includes maintenance fees, support fees, hosting fees, and any other fees charged or calculated on an annual, monthly or otherwise recurring basis. Rates for Recurring Fees shall not increase for thirty-six (36) months from the effective date of this Agreement, and in any subsequent term shall increase at most once annually. Each such annual rate increase shall not exceed the rates of the immediately preceding annual period by an amount great than the lesser of: (a) 3% (three percent), (b) the rate of annual inflation as reflected by the Consumer Price Index - Urban for all US Cities, unadjusted (“CPI- U”), or (c) the rate increase Vendor charges to its general customer base.
Most Favorable Pricing. Smart Denture represents and warrants that the Prices set forth on Exhibit A are (after taking into account costs related to shipping) at least as low as the price charged by Smart Denture to other resellers for similar volumes of the same Products. If, at any time during the Term, Smart Denture charges any other reseller a lower price for the same Products, Smart Denture shall apply that price to all same or similar Products under this Agreement. If Smart Denture fails to meet the lower price, Reseller may, at its option, in addition to all of its other rights under this Agreement, terminate this Agreement without liability.
Most Favorable Pricing. The parties recognize that, during the term of this Agreement, Seller may reduce its prices for competitive reasons, in order to reflect changes in technology, product line pricing, and market conditions. Seller intends to offer Buyer its “Most Favorable Pricing” for the Goods purchased or licensed by Buyer hereunder. “Most Favorable Pricing” pricing is that which is similar to (within 2% of) the pricing offered by Seller to other corporate customers purchasing similar products and services in similar volumes. Accordingly, Seller will conduct an internal evaluation sufficient to determine and to certify to Buyer, thirty (30) days prior to the end of each eighteen (18) month period during the term of this Agreement, that the pricing for the Goods purchased or licensed by Buyer hereunder reflects Seller’s Most Favorable Pricing. At Buyer’s request, ▇▇▇▇▇▇ will describe the process it intends to use for such determination. Seller’s certification to Buyer will be in the form of a letter to Buyer from one of Seller’s senior executives either (a) confirming that the pricing for the Goods purchased or licensed by Buyer hereunder is within the two-percent range required to constitute Most Favorable Pricing, or (b) submitting to Buyer, for its approval, revised pricing schedule reflecting appropriate price reductions to enable Seller to make such certification. Any revisions to the applicable pricing schedule proposed by Seller hereunder will be finalized by the Parties in an amendment thereto. The new Most Favorable Pricing will be effective retroactively, to the time that Seller began charging lower prices to another corporate customer purchasing similar services in similar volumes, and Seller will issue Buyer a retroactive credit for fees paid by Buyer in excess of the Most Favorable Pricing.
Most Favorable Pricing. Supplier represents, warrants and covenants that the Purchase Price or negotiated increase will not be less favorable than those prices charged by Supplier to any other North American customer under similar terms, purchasing equal or lesser quantities of the same or similar Product during the term. If lower prices are made available by Supplier to any other North American customer under similar terms, Supplier must promptly notify Buyer in writing and make those lower prices available to Buyer. The lower prices then will apply to all current and subsequent POs.
Most Favorable Pricing. By submitting a response to this Request for Proposal, the contractor guarantees the City that the prices reflected in this proposal are no higher than those charged the Contractor’s most favored customer for the same or substantially similar service.
Most Favorable Pricing. With respect to those Pharmacy Services which are paid for by Extendicare or one of its Affiliates (e.g., under the current Medicare prospective payment system or a capitated managed care arrangement), such rate shall not be higher than the most favorable rates concurrently charged for Pharmacy Services provided to residents of the same payor type in like Facilities by that Omnicare Pharmacy or other Omnicare Pharmacies reasonably capable of servicing such Extendicare Facility in the same state and for reasonably comparable volumes of product and upon reasonably comparable terms and conditions (including distance of the Facility from the Omnicare Pharmacy, dispensing system used, services included and service levels), as such rates may be changed by the Omnicare Pharmacies from time to time; and provided, that with respect to those Pharmacy Services which <PAGE> are paid for by Extendicare or one of its Affiliates under the current Medicare prospective payment system as currently being implemented, pricing shall be as set forth on Schedule 1 hereto for the period from the date of this Agreement through the third (3rd) anniversary of the effective date hereof. Schedule 2 hereto sets forth the initial pricing established by the parties for residents covered under a capitated managed care arrangement, which pricing shall be adjusted from time to time in accordance with the foregoing sentence. Within sixty (60) days after the beginning of each calendar year after the date hereof (commencing in the year 2000), Omnicare shall certify to Extendicare that the prices charged during the preceding calendar year by the Omnicare Pharmacies to the Extendicare Facilities and their residents complied with subsection 4.0 and this subsection 4.b. of the Agreement (or shall specify any respects in which such prices failed to so comply); provided, that Omnicare shall not be obligated to conduct any audit of such prices in order to make such certification, and if any audit conducted by Extendicare pursuant to subsection 4.c. indicates any item(s) of actual or potential noncompliance, or Extendicare other wise believes that one or more items of actual or potential noncompliance occurred which are not indicated in such certification, then the parties shall proceed as set forth in the second paragraph of subsection 4.c., and Omnicare's liability as a consequence of any such certification proving to be false in any respect shall be limited to the obligations expressly set forth in...
Most Favorable Pricing. Throughout the term of this Agreement, You warrant to ▇▇▇▇▇▇▇ that the prices set forth in this Agreement, in conjunction with the discounts offered herein for any similar item or equivalent service, are no higher than Your lowest price charged any customer for a comparable product or spare part regardless of any special terms, conditions, rebates or allowances of any nature. Nothing in this Section shall be interpreted as modifying Section 2 hereof by authorizing or permitting You to use any Other IP Rights (as defined in such Section) in the manufacture or sale of a comparable product or spare part or otherwise. If You sell any comparable product to any other customer at a price lower than the price set forth in this Agreement You shall adjust ▇▇▇▇▇▇▇'▇ price to achieve and maintain the lower price for all future invoices for such Product. In addition, ▇▇▇▇▇▇▇ may adjust its payment for any Product invoiced by You and unpaid by ▇▇▇▇▇▇▇ to achieve the lower price. In the event that You offer a lower price for any comparable product to any customer(s) for any reason, You shall immediately notify ▇▇▇▇▇▇▇ of each price change and adjust ▇▇▇▇▇▇▇'▇ price to meet and, if applicable, compensate for the new pricing structure. ▇▇▇▇▇▇▇ shall have the right upon reasonable request and advance written notice to You, not more than once annually, to have an independent third party auditor agreed to by both ▇▇▇▇▇▇▇ and You audit Your applicable books and records to the extent necessary to verify Your compliance with this Section 5. If such audit reveals an error of more than five percent (5%) of the amounts paid by ▇▇▇▇▇▇▇ in the aggregate, You shall pay the reasonable fees and expenses of such audit. The auditor will notify both ▇▇▇▇▇▇▇ and You in writing as to the comply/non-comply results of the audit, but will not provide ▇▇▇▇▇▇▇ with any of Your specific pricing data.
Most Favorable Pricing. Supplier warrants that the prices charged for the Services under this Agreement are not higher than the lowest prices charged by Supplier to any of its external customers for similar services. If Supplier charges any external customer a lower price for similar services, Supplier shall notify ▇▇▇▇▇▇▇ and apply the lower price to all Services. If at any time before full performance of this Agreement ▇▇▇▇▇▇▇ notifies Supplier in writing that ▇▇▇▇▇▇▇ has received a written offer from another service provider for services similar to those provided under this Agreement at a price lower than the price set forth in this Agreement or a SOW, the Parties shall cooperate in good faith with the intention to meet the lower price.
Most Favorable Pricing. Further, UniPixel will provide Intel Designated Customers and Intel or its Affiliates, the same or better pricing than is offered to any other UniPixel customers for the same Sensor screen size of equivalent configuration (i.e., single-sided vs. dual-sided), if such pricing is lower than the not-to-exceed pricing noted above in Section 5.1.