Most Favored Customer Status Clause Samples
The Most Favored Customer Status clause ensures that a buyer receives terms and conditions that are at least as favorable as those offered by the seller to any other customer. In practice, this means if the seller provides better pricing, discounts, or other benefits to another customer, the buyer covered by this clause is entitled to receive the same improved terms. This clause is primarily used to protect the buyer from being disadvantaged in the marketplace and to guarantee competitive parity, thereby preventing the seller from offering better deals to others without extending those benefits to the protected buyer.
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Most Favored Customer Status. (a) With respect to the deployment of the Initial System (including any Expansions or additions to the Initial System within the context of the Initial System pursuant to the terms of this Contract), the Owner will be deemed one of the Vendor's most important and favored Customers and will always receive priority in terms of availability and quantity of Products, Engineering and Services no less favorable than any other Customer of the Vendor and in any event always in accordance with the terms of this Contract, including, but not limited to, Exhibit A2. At any time during the Term, the Owner will receive PCS Products, Engineering and Services at prices and on payment terms and all other contract terms, including financing terms, no less favorable to the Owner (when viewed collectively) than those offered or available to any other Customer (other than Initial Affiliates and/or Additional Affiliates pursuant to the terms of this Contract) of the Vendor for use of such Items within the United States who are involved in transactions and/or arrangements of similar or lesser volumes (for the purposes hereof, the Owner's volume will always be deemed to be at least the level of the Initial Commitment plus any more PCS Products, Services and/or Engineering ordered at such time during the Term of this Contract).
(b) On an annual basis throughout the Term of this Contract commencing on the Effective Date the Vendor will be required to audit its offering of all CDMA PCS Products, engineering and services provided to the then-existing ten (10) largest of its Customers (other than Initial Affiliates and/or Additional Affiliates pursuant to the terms of this Contract) (based on volume purchased or to be purchased) in the preceding calendar year and certify to the Owner in a certificate executed by a duly authorized officer of the Vendor (the "MFC Certificate") that the Owner has in fact received the prices, payment and other contract terms, availability and quantity of and on Products, Engineering and Services in accordance with the terms of clause (a) above.
(c) To the extent the Owner determines pursuant to clause (b) above, or otherwise, that the Vendor has not in fact complied with the terms of clause (a) above the Owner will have thirty (30) Business Days from receipt of the MFC Certificate to provide the Vendor with a written claim for Product and/or Engineering and/or Service pricing rebates on future purchases under this Contract based upon the Owner's reasonabl...
Most Favored Customer Status. Superclick represents, warrants, and covenants that: (a) all fees and other amounts charged to or payable by Swisscom (including variable unit or other incremental costs or charges) will be as low as those charged for similar services that Superclick or any of its affiliates charges to its or their most favored customer; and (b) the terms and conditions under which such service or product is provided are no less favorable to those under which Superclick or any of its affiliates provides services or products to its or their most favored customer, regardless of industry or geography (“MFC Terms and Pricing”). For greater certainty, fees and other amounts charged to or payable by, and the terms and conditions under which products or services are provided will at no time be less favorable than those with, any other customer of Superclick or its affiliates for similar products or services. Once each year, the Chief Financial Officer of Superclick will provide a written certificate to Swisscom attesting to compliance of with this Section. If Superclick breaches this Section 4(b), Swisscom will either be retroactively reimbursed by Superclick to the date Superclick offered a more favorable price and/or will be entitled to amend the terms and conditions to the more favorable terms and conditions otherwise offered. Place / Date: Place / Date: By: /s/ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇ Name: /s/ ▇▇▇▇▇ ▇▇▇▇▇▇▇ By: /s/ ▇▇▇▇▇▇ ▇▇▇▇▇▇ By: ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇ Name: ▇▇▇▇▇ ▇▇▇▇▇▇▇ Name: ▇▇▇▇▇▇ ▇▇▇▇▇▇
Most Favored Customer Status. Vendor shall not sell Materials in substantially similar or smaller quantities to other purchasers during the Term on terms (including pricing) more favorable than those given to Oplink pursuant to this Agreement. In the event that Vendor decides to offer Materials to another purchaser on terms more favorable than those given to Oplink hereunder, then Vendor shall offer Materials to Oplink on terms and conditions at least as favorable as those offered to the other purchaser. In the event that Vendor develops any new products like the Materials sold hereunder, but with improved or enhanced performance characteristics, Vendor will make those new products available to Oplink on terms to be negotiated, but subject to the same "most favored customer" conditions described above.
Most Favored Customer Status. (November 2021)
Most Favored Customer Status. The Parties intend that, except if prohibited by law, Amneal shall have the status of a "most-favored customer" with respect to matters of pricing, availability, and other terms. Supplier represents and warrants that the prices and other terms provided to Amneal under this Purchase Order are not less favorable than those extended to any of its other customers for similar Product under reasonably similar circumstances and, in the event that Supplier provides any of its other customers with more favorable prices or other terms, Supplier shall immediately provide that more favorable price or other term to Amneal.
Most Favored Customer Status. [OPEN ISSUE]
Most Favored Customer Status. (a) ▇▇▇▇▇▇▇▇ T-1s. With regard to the ▇▇▇▇▇▇▇▇ Connectivity, ▇▇▇▇▇▇▇▇ shall have most favored customer protection as follows:
(i) During the twenty-four (24) months following the Effective Date, if WinStar enters into an agreement with another party to provide Wireless Fiber Connectivity and the overall pricing ("Financial Terms") of such services is not Comparable (as hereinafter defined) to that provided to ▇▇▇▇▇▇▇▇ pursuant to this Agreement with regard to the ▇▇▇▇▇▇▇▇ Connectivity, WinStar shall promptly notify ▇▇▇▇▇▇▇▇ in writing of such more favorable Financial Terms. WinStar shall be under no obligation to disclose to ▇▇▇▇▇▇▇▇ the identify of any such third party or any other provisions of such a contract that are not more favorable than those provided to ▇▇▇▇▇▇▇▇. As used in this Section, "Comparable" means not less than one-half the price, after adjustments to take into account all differences attributable to volume, terms and conditions, advances in technology, passage of time, market conditions or strategic relationship value.
(ii) If WinStar sells Wireless Fiber Connectivity to a third party on Financial Terms that are not Comparable to those provided hereunder, ▇▇▇▇▇▇▇▇ shall be entitled to an adjustment of the amounts paid with regard to the ▇▇▇▇▇▇▇▇ Connectivity. Such adjustment shall be equal to twice the aggregate amount necessary to make the Financial Terms Comparable and shall be credited in such amounts as correspond to the timing of ▇▇▇▇▇▇▇▇' payment obligations hereunder. Upon payment or credit of such adjustment to ▇▇▇▇▇▇▇▇, the Financial Terms of this Agreement shall be deemed to be those more favorable Financial Terms for the purpose of future applications of this Section. Nothing in this Section 6.4 shall be deemed to require WinStar to sell more Wireless Fiber Connectivity than the ▇▇▇▇▇▇▇▇ Connectivity.
Most Favored Customer Status. The purchase price for Motors purchased by Invacare during this agreement shall not be less favorable than the price currently or hereafter extended to any other customer of UPP for Motors sold by UPP with specifications substantially equivalent to the Specifications. In the event that, during the Term of this Agreement, UPP establishes or offers a lower price for the sale of such product, UPP agrees to offer such lower price to Invacare during the period such lower price is in effect and subject to such other terms and conditions applicable to the lower price. From time to time, Invacare may request that UPP certify that it is not selling such product to any of UPP's other customers at a price that is lower than the price Invacare is then paying for Motors.
Most Favored Customer Status. For any services that Seller purchases from Buyer after the Closing, Buyer will sell such services to Seller at prices and under such terms and conditions as Buyer sells to its most favored customers for similar classes of trade.
Most Favored Customer Status. (a) For the Purchasing Period, NCR agrees that all prices, except for Indirect and Resale Prices and non-United States services prices, charged to the AT&T Entities under this Agreement shall be as favorable as any prices offered or charged by NCR during the preceding 12-month period to any other NCR customer making a comparable purchasing commitment, in each case taking into account the value of terms and conditions of sale. With respect to non-United States services pricing, prices charged to the AT&T Entities in any given country 5 shall be as favorable as any prices offered or charged by NCR during the preceding 12-month period to any other NCR customer making a comparable purchasing commitment for comparable services in that country, in each case taking into account the value of terms and conditions of sale. For purposes of this Section 6, the purchasing commitment made to NCR by Lucent Technologies Inc., and the terms and conditions of sale applicable thereto, shall be deemed comparable to those of the AT&T Entities under this Agreement and the General Agreement. If NCR charges a more favorable price (other than an Indirect or Resale Price) to any such NCR customer, NCR shall immediately reduce the AT&T Entities price as necessary to comply with this Section 6; provided, however, that AT&T's and the AT&T's Entities' sole remedy for NCR's unintentional breach of this requirement shall be to recover from NCR the difference between what the applicable AT&T Entity was actually charged and what should have been charged had NCR complied with its obligations hereunder. Notwithstanding the foregoing, NCR may offer or charge more favorable prices to other NCR customers without lowering the prices to the AT&T Entities under this Agreement, provided any such more favorable prices are offered or charged for the limited purpose of initiating a new customer relationship, reestablishing a customer relationship that has been discontinued for no less than six (6) months or expanding an existing customer relationship by selling products or services of a type not previously sold to that customer during the previous 12 months and provided further that such more favorable prices are not offered or charged for more than 6 months.
(b) At AT&T's request, but not more frequently than once each calendar year, NCR's compliance with its obligations under this Section 6 shall be subject to an audit of reasonable scope by an independent auditing firm selected by AT&T and reasonab...