Disposal of Seconds and Close Outs Sample Clauses

Disposal of Seconds and Close Outs. Seconds and Close-Outs sold by the Licensee may be sold only to Approved Accounts and Approved Seconds and Close-Outs Accounts, including those customers identified on Schedule 6.14. Whenever the Licensee shall wish to sell Seconds and Close-Outs to customers not previously approved by CKI, the Licensee shall submit to CKI a written list of the proposed customers for Seconds and Close-Outs for CKI’s prior written approval. The proposed customers approved from such list, together with the customers listed on Schedule 6.14, are referred to as the “Approved Seconds and Close-Outs Accounts.” Sales to Off-price e-commerce e-tailers and e-commerce arms of any Off-Price Channel Account are not permitted without CKI’s prior written approval in writing. Notwithstanding CKI’s approval of any customer, CKI may at any time subject sales to any such customer, including, without limitation, any such customer listed on Schedule 6.14, to any conditions or limitations CKI considers appropriate in its reasonable discretion; provided, however, that in order to be effective, any such conditions or limitations must be set forth in a writing provided to the Licensee. Nothing herein shall be deemed to prohibit CKI from withdrawing its approval of any Approved Seconds and Close-Outs Account, including, without limitation, any such Approved Seconds and Close-Outs Account listed on Schedule 6.14, or of any other account under this Agreement upon reasonable advance written notice to the Licensee (at which time, such customer shall cease to be an Approved Seconds and Close-Outs Account for purposes of this Agreement); provided, however, that the Licensee may fulfill any firm orders entered into prior to the Licensee’s receipt of CKI’s withdrawal of approval.
Sample 1
Disposal of Seconds and Close Outs. Seconds and Close-Outs sold by the Licensee may be sold only to Approved Accounts and Approved Seconds and Close-Outs Accounts, including those customers identified on Schedule 6.14. Whenever the Licensee shall wish to sell Seconds and Close-Outs to customers not previously approved by CKI, the Licensee shall submit to CKI a written list of the proposed customers for Seconds and Close-Outs for CKI’s prior written approval. The proposed customers approved from such list, together with the customers listed on Schedule 6.14, are referred to as the ‘‘Approved Seconds and
Sample 1
Disposal of Seconds and Close Outs. A. Licensee shall use reasonable efforts to dispose of Licensed Products which are designated as Seconds in a way which shall maintain the value of the Licensor's Trademark and Licensor's reputation, and Licensee shall obtain Licensor's Approval with respect to the terms and method of such disposal. All Seconds approved for sale by Licensor shall clearly be marked "Seconds" or "Irregular" in a manner obvious to a casual consumer. The percentage of Seconds of any of the Licensed Products which shall be disposed of pursuant to this Section shall not exceed five percent (5%) of the total number of Units of Licensed Products distributed, manufactured or sold by Licensee in each Annual Period. B. All Close Outs shall be sold only with Licensor's Approval, through retail outlets and traditional accepted dealers in such merchandise and upon such terms and conditions as Licensee determines appropriate. The percentage of Close Outs sold pursuant to this Section shall not exceed fifteen percent (15%) of the total number of Units of Licensed Products distributed, manufactured or sold by Licensee in each Annual Period.
Sample 1
Disposal of Seconds and Close Outs 
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Related to Disposal of Seconds and Close Outs

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Most Referenced Clauses

Most Referenced Definitions