Common use of Disposal of Unsold Units Upon Termination Clause in Contracts

Disposal of Unsold Units Upon Termination. In the event of termination of this GDPA under Sections 21.3, 21.4, 21.5.2, 21.5.4 or 21.5.5, Publisher may sell off existing inventories of units of the Physical Media Products, on a non-exclusive basis, and strictly in accordance with this GDPA, for a period of 90 days from the date of expiration or effective date of termination of this GDPA, provided such inventories have not been manufactured in numbers exceeding those which Publisher could reasonably have been expected to have sold during such period had this GDPA not expired or been terminated. Subsequent to the expiration of such 90 day period, or in the event this GDPA is terminated otherwise under Section 21.5, any and all units of the Physical Media Products remaining in Publisher’s inventory or under its control shall be destroyed by Publisher within [***] business days of such expiration or termination date. Within [***] business days after such destruction, Publisher shall provide each SIE Company with an itemized statement, certified to be accurate by an officer of Publisher, indicating the number of units of the Licensed Products which have been destroyed (on a title-by-title basis) in that SIE Company’s Territory, the location and date of such destruction, and the disposition of the remains of such destroyed materials.

Appears in 2 contracts

Samples: Global Developer & Publisher Agreement, Global Developer & Publisher Agreement (Take Two Interactive Software Inc)

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Disposal of Unsold Units Upon Termination. In the event of termination of this GDPA Agreement under Sections 21.3sections 14.2(ii), 21.4(iv), 21.5.2, 21.5.4 or 21.5.5(v), Publisher may sell off existing inventories of units Units of the Physical Media Disc Products, on a non-exclusive basis, and strictly in accordance with this GDPAAgreement, for a period of 90 days [*********] from the date of expiration or effective date of termination of this GDPAAgreement, and provided such inventories have not been manufactured in numbers exceeding those which Publisher could reasonably have been expected to have sold solely or principally for sale during such period had this GDPA not expired or been terminatedperiod. Subsequent to the expiration of such 90 day [*********] period, or in the event this GDPA Agreement is terminated otherwise under Section 21.5Sections 14.2(i), (iii), (vi), (vii), or (viii), any and all units Units of the Physical Media Disc Products remaining in Publisher’s inventory or otherwise under its control shall be destroyed by Publisher within [*********] business days of such expiration or termination date. Within [*********] business days after such destruction, Publisher shall provide each SIE the SCE Company with an itemized statement, certified to be accurate by an officer of Publisher, indicating the number of units Units of the Licensed Products which have been destroyed (on a title-by-title basis) in that SIE Company’s Territory), the location and date of such destruction, and the disposition of the remains of such destroyed materials.

Appears in 1 contract

Samples: Licensed Publisher Agreement (Midway Games Inc)

Disposal of Unsold Units Upon Termination. In the event of termination of this GDPA under Sections 21.3, 21.4, 21.5.2, 21.5.4 or 21.5.5, Publisher may sell off existing inventories of units of the Physical Media Products, on a non-exclusive basis, and strictly in accordance with this GDPA, for a period of 90 [***] days from the date of expiration or effective date of termination of this GDPA, provided such inventories have not been manufactured in numbers exceeding those quantities that exceed that which Publisher could reasonably have been expected anticipated to have sold during such period had this GDPA not expired or been terminatedperiod. Subsequent to the expiration of such 90 [***] day period, or in the event this GDPA is terminated otherwise under Section 21.5, any and all units of the Physical Media Products remaining in Publisher’s inventory or under its control shall be destroyed by Publisher within [***] business days of such expiration or termination date. Within [***] business days after such destruction, Publisher shall provide each SIE Company with an itemized statement, certified to be accurate by an officer of Publisher, indicating the number of units of the Licensed Products which have been destroyed (on a title-by-title basis) in that SIE Company’s Territory, the location and date of such destruction, and the disposition of the remains of such destroyed materials.

Appears in 1 contract

Samples: Global Developer & Publisher Agreement (Electronic Arts Inc.)

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Disposal of Unsold Units Upon Termination. In the event of termination of this GDPA under Sections 21.3, 21.4, 21.5.2, 21.5.4 or 21.5.5, Publisher may sell off existing inventories of units of the Physical Media Products, on a non-exclusive basis, and strictly in accordance with this GDPA, for a period of 90 days from the date of expiration or effective date of termination of this GDPA, provided such inventories have not been manufactured in numbers exceeding those which Publisher could reasonably have been expected to have sold solely or principally for sale during such period had this GDPA not expired or been terminatedperiod. Subsequent to the expiration of such 90 day period, or in the event this GDPA is terminated otherwise under Section 21.5, any and all units of the Physical Media Products remaining in Publisher’s inventory or under its control shall be destroyed by Publisher within [***] five business days of such expiration or termination date. Within [***] five business days after such destruction, Publisher shall provide each SIE SCE Company with an itemized statement, certified to be accurate by an officer of Publisher, indicating the number of units of the Licensed Products which have been destroyed (on a title-by-title basis) in that SIE SCE Company’s Territory, the location and date of such destruction, and the disposition of the remains of such destroyed materials.

Appears in 1 contract

Samples: Developer & Publisher Agreement (Motorsport Gaming Us LLC)

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