Common use of Appointment by Salton; Acceptance by Kmart Clause in Contracts

Appointment by Salton; Acceptance by Kmart. Subject to the provisions of this Agreement, Salton hereby appoints Kmart as the sole and exclusive Discount Department Store to purchase, distribute, sell, market and promote the Products in the United States and Kmart hereby accepts such appointment. The rights granted to Kmart under this Agreement shall hereinafter collectively be referred to as the "Right." No other Discount Department Store shall have any such Right during the Term of this Agreement and/or any extension or renewal thereof, regardless of source (i.e., whether from Salton or any other entity) subject to Sections 10.4 and 10.5 hereof. Notwithstanding the foregoing, nothing in this Agreement shall be deemed to preclude the sale of Products (i) by entities or stores other than Discount Department Stores including, without limitation, retail department stores, specialty housewares, gourmet and kitchen stores and national cable television programs or (ii) by any Person outside the United States. Furthermore, nothing in this Agreement shall preclude Kmart from purchasing products of the type listed on Exhibit A hereto from any sources other than Salton if such products do not bear or include or are not sold under the Trademark, and no payments shall be due to Salton hereunder in respect of such sales.

Appointment by Salton; Acceptance by Kmart. Subject to the provisions of this Agreement, Salton hereby appoints Kmart as the sole and exclusive Discount Department Store to purchase, distribute, sell, market and promote the Products in the United States and Kmart hereby accepts such appointment. The rights granted to Kmart under this Agreement shall hereinafter collectively be referred to as the "Right." No other Discount Department Store shall have any such Right during the Term of this Agreement and/or any extension or renewal thereof, regardless of source (i.e., whether from Salton or any other entity) subject to Sections 10.4 and 10.5 hereof. Notwithstanding the foregoing, nothing in this Agreement shall be deemed to preclude the sale of Products (i) by i)Eby entities or stores other than Discount Department Stores including, without limitation, retail department stores, specialty housewares, gourmet and kitchen stores and national cable television programs or (ii) by any Person outside the United States. Furthermore, nothing in this Agreement shall preclude Kmart from purchasing products of the type listed on Exhibit A hereto from any sources other than Salton if such products do not bear or include or are not sold under the Trademark, and no payments shall be due to Salton hereunder in respect of such sales.