Delaware Most Favored Customer Clause

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US-IP1019
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This form contains a Most Favored Customer Clause, which can be incorporated into license agreements to obligate the licensor to grant the licensee equivalent or better terms than the licensor has granted to any of its past, present and future customers.

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FAQ

What is the Most Favored Nation clause? A Most Favored Nation clause, or MFN clause as it is commonly known, protects an investor by giving them the same rights and benefits received by later investors, if those rights and benefits are more favorable than those originally agreed.

Favored nations clauses are relatively simple to describe: they are a contractual commitment that no other relevant party will receive better (or more advantageous) terms from the party making the commitment.

The most favoured nation (MFN) principle is based on the idea that countries should treat all their trade partners equallythat no one country should be more favoured. It means no country should give special treatment to goods or services coming from one particular trading partner.

The most favored nation clause is a term that is given to a certain country, and it implies that the recipient of the favorable treatment must receive equal trade advantages as the most favored nation of a country's trade policy.

Under Section 1, a court judges the legality of an MFN under the rule of reason and weighs its potential procompetitive and anticompetitive effects against each other (see Practice Note, Antitrust Rule of Reason). The most obvious procompetitive benefit of an MFN usually is some assurance of lower prices to the buyer.

Most-Favored Nations (MFN) clauses (also known as antidiscrimination clauses or most-favored customer clauses) are common in business today. These provisions require that the supplier will treat a particular customer no worse than all other customers (and sometimes even better).

Most-Favored-Nation Clause Explained For example, if a country belonging to the WTO reduces or eliminates a tariff on a particular product for one trading partner, the treaty's MFN clause obligates it to extend the same treatment to all members of the organization.

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Delaware Most Favored Customer Clause