CHANGE OF LOCATION, DIMENSIONS OR SPACE OF THE LICENSED DEPARTMENTS Sample Clauses

CHANGE OF LOCATION, DIMENSIONS OR SPACE OF THE LICENSED DEPARTMENTS. Licensee hereby acknowledges that: (a) Sears marketing, merchandising, retailing and development plans are under constant review and that plans for such marketing, merchandising, retailing and development may change from time to time and such changes may necessitate a change of location, dimensions, amount of space of the Licensed Departments and/or the termination of any or all the Licensed Departments located in Designated Stores; (b) In the event Sears determines that a change of location, dimensions or amount of space occupied by any or all of the Licensed Departments locations is necessary in Designated Stores, Sears will use its best efforts to provide a space and location for the Licensed Department, in the same Designated Store, of similar customer exposure, prominence and size; (c) In the event the new location is acceptable to Licensee and the furniture, fixtures and equipment complement the new presentation in the Designated Store and is of the current generation of the Sears approved presentation for the Licensed Department: (i) Sears shall provide the decor presentation and leasehold improvements to the current level in the new location at Sears expense; (ii) Licensee shall move and install all existing furniture, fixtures and equipment into the new location and shall provide and install any new furniture, fixtures and equipment as required, in Sears opinion necessary to professionally operate the Concession and professionally present the Products and Services in the new location at Licensee's expense; (d) In the event the new location is acceptable to Licensee and the furniture, fixtures, equipment and/or leasehold improvements do not, in Sears reasonable opinion, complement the Designated Store and/or are not of the current generation of the Sears approved presentation for the Licensed Department, the re-location shall be assumed to be a closure of the old location and the opening of a new location for the purposes of the responsibilities and the obligation for the payment of the costs of the re-location for both parties; (e) Notwithstanding Article 6.0, if such changed location or space is not satisfactory to Licensee, Licensee may vacate the Licensed Departments at such Designated Stores, without cost or penalty to any of the parties, and Schedule "A" shall be amended by Sears accordingly.
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