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Consigned Merchandise Sample Clauses

Consigned Merchandise. (a) Within five Business Days following the Closing Date, Sellers shall deliver to Purchaser a true, correct and complete list of all consigned merchandise of the Business as of the Effective Time, together with the name of the consignor, the cost of the merchandise and any other material terms of the consignment relationship (to the extent other than pursuant to Sellers’ customary consignment terms) (“Consigned Merchandise List”). For the avoidance of doubt, the consigned merchandise shall include, and the Consigned Merchandise List shall include sub-lists for, all so-called “memo” consigned merchandise, “sample room” consigned merchandise, and direct-to-store consigned merchandise. (b) To the extent that any consigned merchandise of the Business is lost, stolen or damaged prior to the Effective Time, including merchandise that is not on the Consigned Merchandise List but is asserted by a consignor to be on consignment as of the Effective Time, Parent and the Sellers shall jointly and severally indemnify and hold harmless the Purchaser for any Losses directly or indirectly resulting from such loss, theft or damage or allegedly missing consigned merchandise; provided, however, that any such loss, theft or damage occurring after the Effective Time shall be the responsibility of Purchaser. (c) Without by implication limiting the generality of Section 1.3 of the Purchase Agreement or the other provisions thereof, following the Closing, Purchaser shall use commercially reasonable efforts to provide Sellers with written confirmation from the consignors of consigned merchandise that Sellers no longer shall be responsible to such consignors for such merchandise or for payment therefore, subject to Section 3(b) above.
Sample 1
Consigned Merchandise. 1.1 Vendor shall tag and identify Consigned Merchandise with a Vendor ID number exclusively assigned to the Vendor and delivered pursuant to the terms of this Agreement. 1.2 Vendor shall not remove or exchange Consigned Merchandise from the retail location until the “Termination Date” (as hereinafter defined) for any reason, including online sales and sales at other locations.
Sample 1
Consigned Merchandise. This Agreement pertains to any and all Jewels that Consignor consigns or delivers on consignment to or for the account of Xxxxxx Park during the term of this Agreement. It is understood by the parties that Xxxxxx Park shall incorporate all Jewels into fine jewelry items it shall consign to X.X. Xxxxxx Corporation, Inc. (“JCPenney”) for the purpose of introducing moissanite into approximately 450 JCPenney retail locations. The assortment of the Jewels being consigned and delivered to Xxxxxx Park by Consignor will, subject to availability, be initially as set forth on Exhibit A, and subsequently such Exhibit A may be amended by a revised Exhibit A signed by both parties. Any such amended Exhibit A shall be incorporated and made a part of this Agreement.
Sample 1
Consigned Merchandise. As of the Transition Date, MxxxxxXxxxx shall cease all sales and shipments of Consigned Merchandise (as defined in the Consignment Agreement) and shall deliver to Kef any outstanding orders for Keflex Products. Within five (5) days after the Transition Date, MxxxxxXxxxx shall dispatch all Keflex Products for delivery to Kef at such destination(s), and in accordance with such freight instructions, as Kef may have specified in writing not less than five (5) days prior to the date of dispatch. Kef shall pay the freight costs for shipping the Keflex Products to Kef.
Sample 1
Consigned Merchandise. Drew has within its custody and control items of merchandise ("Consigned Merchandise") received in connection with the purchase by Drew of businesses at various retail locations, all as listed on Schedule 5.26 hereof. Schedule 5.26 is a true and correct list by location of such Consigned Merchandise at December 31, 1996. Drew does not have title to such Consigned Merchandise, nor is it reflected in the inventories of Drew shown on the applicable Balance Sheet. There has been no reduction in the quantity of Consigned Merchandise other than through sales which have been reported to the consignor and the Consigned Merchandise at the respective locations is in the same condition as received from the consignor.
Sample 1

Related to Consigned Merchandise

  • Merchandise Programs, T-shirts, souvenirs, posters, novelty items, clothing apparel, and recorded media will be sold in the Centre only by BCEC Management or representatives nominated by it, unless BCEC Management agrees in writing to waive this condition. BCEC Management will retain 18% (including GST) of gross merchandise sales. All revenue derived from the sale of motion pictures, still photography, television or radio recordings, or other similar rights, is to be subject to a seperate agreement between Hirer and BCEC Management. In addition to its responsibilities under clause 7.1, Xxxxx must: (a) ensure that all performances include an interval of not less than 20 minutes; (b) ensure that all advertising, promotion and publicity for the Event or performances in the Event includes the following details: (i) ticket prices, advertised as "$ (basic ticket price) plus normal fees"; (ii) the time of each performance in the Event; (iii) details of any supporting acts for the main performance in the Event; and (iv) ticket booking details including the name of any ticketing agent of BCEC Management and the box office telephone number of BCEC Management or its ticketing agent; and (c) ensure that any tickets are sold only by outlets nominated by BCEC Management at the agreed ticket prices.

  • Goods For purposes of the Contract, all things which are movable at the time that the Contract is effective and which include, without limiting this definition, supplies, materials and equipment, as specified in the Invitation to Bid and set forth in Exhibit A.

  • Consignment The Artist hereby consigns to The Gallery, and The Gallery accepts on consignment, those Artworks listed on the attached Inventory Sheet which is a part of this Agreement. Additional Inventory Sheets may be incorporated into this Agreement at such time as both parties agree to the consignment of other works of art. All Inventory Sheets shall be signed by Artist and Gallery.

  • Inventory To the extent Inventory held for sale or lease has been produced by any Borrower, it has been and will be produced by such Borrower in accordance with the Federal Fair Labor Standards Act of 1938, as amended, and all rules, regulations and orders thereunder.

  • Consignments Consign any of their Inventory or sell any of their Inventory on xxxx and hold, sale or return, sale on approval, or other conditional terms of sale.

  • Custom Products Effective upon creation of Custom Products, Contractor hereby conveys, assigns and transfers to Authorized User the sole and exclusive rights, title and interest in Custom Product(s), whether preliminary, final or otherwise, including all trademark and copyrights. Contractor hereby agrees to take all necessary and appropriate steps to ensure that the Custom Products are protected against unauthorized copying, reproduction and marketing by or through Contractor, its agents, employees, or Subcontractors. Nothing herein shall preclude the Contractor from otherwise using the related or underlying general knowledge, skills, ideas, concepts, techniques and experience developed under a Purchase Order, project definition or work order in the course of Contractor’s business. Authorized User may, by providing written notice thereof to the Contractor, elect in the alternative to take a non-exclusive perpetual license to Custom Products in lieu of Authorized User taking exclusive ownership and title to such Products. In such case, Licensee on behalf of all Authorized Users shall be granted a non-exclusive perpetual license to use, execute, reproduce, display, perform, adapt and distribute Custom Product as necessary to fully effect the general business purpose(s) as stated in paragraph (b)(i)(2), above.

  • Stored equipment We accept no responsibility for any stored equipment or other property brought on to or left at the premises, and all liability for loss or damage is hereby excluded. All equipment and other property (other than stored equipment) must be removed at the end of each hiring or we will charge fees each day or part of a day at the hire fee per hiring until the same is removed. We may, in our discretion, dispose of any items referred to below by sale or otherwise on such terms and conditions as we think fit, and charge you any costs we incur in storing and selling or otherwise disposing of the same, in any of the following circumstances: (i) your failure either to pay any charges in respect of stored equipment due and payable or to remove the same within seven days after the agreed storage period has ended (ii) your failure to dispose of any property brought on to the premises for the purposes of the hiring.

  • Inventories All of the Assets constituting inventory are owned or used by Company, are in good, current, standard and merchantable condition and are not obsolete or defective.

  • Leased Equipment The risk of loss or damage to leased equipment, goods or property shall not transfer to the University except as provided in §680.219, Florida Statutes. Any security interest in the leased equipment, goods or property granted to the Contractor contrary to AGO 79-72 and AGO 80-9 is null and void. Limitations of remedies provisions, which are unconscionable under applicable Florida law, are void. MATERIAL SAFETY DATA SHEET (MSDS). In compliance with Florida Statutes, Ch. 442, a Material Safety Data Sheet (MSDS) must accompany any applicable item delivered under this Agreement.

  • Customer Equipment “Customer Equipment” means any Customer-owned or provided software, hardware or services that you elect to use in connection with the Service(s). You agree to allow us and our agents the rights to insert CableCARDs and other hardware in the Customer Equipment, send software and/or downloads to the Customer Equipment and install, configure, maintain, inspect and upgrade the Customer Equipment. You warrant you are either the owner of the Customer Equipment or that you have the authority to give us access to the Customer Equipment. You should call Customer Service at 0-000-XXX-XXXX to find out if it meets our technical, security and other requirements. We reserve the right to disallow the use of Customer Equipment that we determine is not compatible with our network. We shall have no obligation to provide, maintain, or service Customer Equipment, including, but not limited to, Customer Equipment to which the Company or a third party has sent software or downloads. If you use Customer Equipment, you agree that the following limitation of liability shall apply: THE COMPANY DOES NOT WARRANT THAT CUSTOMER EQUIPMENT WILL ENABLE YOU TO SUCCESSFULLY INSTALL, ACCESS, OPERATE, OR USE THE SERVICE(S). YOU ACKNOWLEDGE THAT ANY SUCH INSTALLATION, ACCESS, OPERATION, OR USE COULD CAUSE CUSTOMER EQUIPMENT TO FAIL TO OPERATE OR COULD CAUSE DAMAGE TO CUSTOMER EQUIPMENT, YOU, YOUR PREMISES OR COMPANY EQUIPMENT. NEITHER THE COMPANY NOR ANY OF ITS AFFILIATES, SUPPLIERS OR AGENTS SHALL HAVE ANY LIABILITY WHATSOEVER FOR ANY SUCH FAILURE OR DAMAGE, INCLUDING LACK OF 911/E911 CAPABILITY OR DIALING ASSOCIATED WITH A SECURITY SYSTEM. YOUR USE OF CUSTOMER EQUIPMENT MAY PREVENT PROVISION OF SERVICE. The foregoing limitation of liability is in addition to and shall not limit any other limitation of liability set forth in this Agreement.

Most Referenced Clauses

Most Referenced Definitions