BEST EFFORTS OF LICENSEE. The Licensee hereby covenants and agrees to use its best efforts to promote the sale and use of the Licensed Material in the Grant Territory. The Licensee shall as soon as possible after receiving the Licensed Material herein granted begin to sell and to arrange for penetration of the Grant Territory. The Licensee shall at all times throughout the life of this Agreement exert its best efforts to create, service, supply and otherwise satisfy as extensive a market for the Licensed Material in the Grant Territory as is possible. Breach of this provision in any manner shall be deemed a material breach for which the Licensor may pursue termination in full accord with this Agreement.
BEST EFFORTS OF LICENSEE. Licensee shall use its best efforts and skill to design, manufacture, advertise, sell and ship the Licensed Items and shall continuously and diligently during the term hereof produce an inventory of Licensed Items and procure and maintain facilities and trained personnel sufficient and adequate to accomplish the foregoing. A cessation of the above for a continuous period of ninety (90) days shall be grounds for termination, without prior notice. Licensor shall have the right to inspect Licensee's said facilities during regular business hours, without prior notice. Licensor shall use reasonable efforts to make such inspection in the presence of a representative of Licensee.
BEST EFFORTS OF LICENSEE. LICENSEE shall diligently and continuously use and exert its best efforts throughout the Territory and during the entire term of the License to distribute and sell the Licensed Products, to make and maintain adequate arrangements for the distribution of the Licensed Products, and to promote and expand their sales hereunder to the highest levels practicably obtainable.
BEST EFFORTS OF LICENSEE. LICENSEE shall use its best efforts and skill to design, manufacture, sell and ship the Licensed Products and shall continuously and diligently during the Term produce an inventory of Licensed Products and procure and maintain facilities and trained personnel sufficient and adequate to accomplish the foregoing. A cessation of any of the above for a continuous selling period of ninety (90) days (subject to the provisions of paragraph 27) shall be grounds for immediate termination of this Agreement at LICENSOR’S option by written notice to LICENSEE specifying the effective date of termination. LICENSOR shall have the right to inspect LICENSEE’S said facilities during regular business hours upon not less than three (3) days prior notice and shall reasonably endeavor to make such inspection in the presence of an officer of LICENSEE.
BEST EFFORTS OF LICENSEE. Licensee shall use its best efforts and skills to make, use and sell the Licensed Products. In the event Licensee fails to sell Licensed Products using such best efforts and skills, Licensor shall have the right to cancel and terminate this Agreement by giving written, notice of such termination to Licensee.
BEST EFFORTS OF LICENSEE. LICENSEE shall use its best efforts and skill to design, manufacture, advertise, sell and ship the Licensed Products and shall continuously and diligently during the term hereof produce an inventory of Licensed Products and produce and maintain facilities and trained personnel sufficient and adequate to accomplish the foregoing. Upon cessation of any of the above for a continuous period of ninety (90) days, LICENSOR shall have the right to terminate this Agreement, immediately.
BEST EFFORTS OF LICENSEE. Licensee shall use its best efforts to exploit the rights herein granted throughout the Territory and to sell the maximum quantity of Articles consistent with this Agreement. Licensee shall not distribute or sell Articles in any country or region of the world outside the Territory or sell to any third party that it has reason to: believe may sell or export Articles outside the Territory.
BEST EFFORTS OF LICENSEE. Licensee shall use its best efforts to exploit the rights herein granted throughout the Territory and to sell: (i) the maximum quantity of Articles consistent with the high standards and prestige associated with the Licensed Mark; and (ii) an amount at least equal to the Minimum Net Saxxx (as defined in Section 5.1) and as set forth in Exhibit B hereof. For the purposes of this Agreement, Licensee's "best efforts" shall be construed in the context of the corresponding efforts of the highest quality of footwear manufacturers. Notwithstanding anything hereunder to the contrary, (x) Licensee shall not be required to use its best efforts to exploit the rights herein granted in any country or region unless and until Licensee shall have commenced marketing operations therein and (y) Licensor acknowledges and agrees that (I) Licensee is engaged in the footwear business, either directly or as licensee of other trademarks, and (II) Licensee may continue to expand its operations either through an expansion of its current brands or via other brands that it creates and/or licenses ("Licensee Other Activities").
BEST EFFORTS OF LICENSEE. 5.1 Licensee shall use its best efforts to:
5.1.1 create a high standard, exclusive market for Licensed Products in the Territory;
5.1.2 market, advertise and promote the sale of each of the Licensed Products in the Territory;
5.1.3 maximize sales of Licensed Products in the Territory; and
5.1.4 fully satisfy the market for Licensed Products in the Territory.
5.2 Upon reasonable advance notice from SamEurope, Licensee shall meet with SamEurope, at Licensee's sole cost and expense, to review key business information pertaining to this Agreement including but not limited to sales, marketing, product development, manufacturing and distribution information.
BEST EFFORTS OF LICENSEE. Licensee shall devote its best efforts to bring one or more Licensed Products or Licensed Processes to the marketplace through a program of development, production and distribution. This covenant is a material provision of this agreement, the breach of which affords Licensor grounds for termination. In connection with its program, on each anniversary of the Effective Date Licensee shall provide to the Partnership (i) an annual report identifying specific goals and objectives in commercializing the Technology and progress in meeting these goals and objectives, together with (ii) a financial statement and budget setting forth actual expenditures for the items listed therein as well as the projected expenditures for the three following years.
