Common use of Most Favored Customer Status Clause in Contracts

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. 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: ▇▇▇▇▇▇ ▇▇▇▇▇▇________________