Excluded Goods. The Merchant shall retain all responsibility for any goods not included as “Merchandise” hereunder (including items of Defective Merchandise for which the Merchant and the Agent cannot agree upon a Retail Price) (collectively, the “Excluded Goods”). Agent shall dispose of the Excluded Goods either by (x) offering such Excluded Goods for sale as “Merchant Consignment Goods” at prices established by the Agent during the Sale, or (y) destroying such Excluded Goods to the extent they are not saleable. It is understood that that the Excluded Goods may not be sold in the Stores and may be sold in bulk to third parties outside the United States and Canada. The Agent shall retain 20% of the sale price plus all expenses, including any expenses associated with the removal, packaging, and delivery of the Merchant Consignment Goods (less Sales Taxes) for all sales of Merchant Consignment Goods, and Merchant shall receive 80% of the receipts in respect of such sales (less Sales Taxes and all expenses, including any expenses associated with the removal, packaging, and delivery of the Merchant Consignment Goods).. Merchant shall receive its share of the receipts of sales of Merchant Consignment Goods on a weekly basis, immediately following the weekly Sale reconciliation by Merchant and Agent pursuant to Section 8.7 below. Except as expressly provided in this Section 5.3, the Agent shall have no cost, expense or responsibility in connection with any Excluded Goods.
Excluded Goods. Merchant shall retain all responsibility for any goods not included as “Merchandise” hereunder. If Merchant elects at the beginning of the Sale Term, Agent shall accept goods not included as “Merchandise” hereunder for sale as “Merchant Consignment Goods” at prices established by the Agent. News Stand Inventory, Café/Candy Inventory, DC Damaged Goods, calendar inventory located in the Stores and Distribution Centers with a Cost Value exceeding $200,000, those items referenced by SKU on Exhibit 5.4 or items otherwise identified herein shall be deemed Merchant Consignment Goods. The Agent shall retain 20% of the sale price for all sales of Merchant Consignment Goods, and Merchant shall receive 80% of the receipts in respect of such sales. Merchant shall receive its share of the receipts of sales of Merchant Consignment Goods on a weekly basis in accordance with Section 3.3, immediately following the weekly Sale reconciliation by Merchant and Agent pursuant to Section 8.6 below. If Merchant does not elect to have Agent sell goods not included as Merchandise, then all such items will be removed by Merchant from the Stores at its expense as soon as practicable after the Sale Commencement Date.
Excluded Goods. Merchant shall retain all responsibility for any goods not included as "Merchandise" hereunder.
Excluded Goods. Except with the express written consent of APG, APG will not accept Excluded Goods. If the Client delivers such Excluded Goods to APG without the knowledge of APG, the Client will be responsible for all loss and damage to the Excluded Goods and expense to APG arising in connection with the Excluded Goods.
Excluded Goods. Merchant shall retain all responsibility for any goods not included as “Merchandise” hereunder. If Merchant elects at the beginning of the Sale Term, Agent shall accept goods not included as “Merchandise” hereunder for sale as “Merchant Consignment Goods” at prices mutually agreed upon by Agent and Merchant. The Agent shall retain 20% of the sale price for all sales of Merchant Consignment Goods, and Merchant shall receive 80% of the receipts in respect of such sales. Merchant shall receive its share of the receipts of sales of Merchant Consignment Goods on a weekly basis, immediately following the Weekly Sale Reconciliation. If Merchant does not elect to have Agent sell merchandise not included as Merchandise, then all such items will be removed by Merchant from the Stores at its expense as soon as practicable. Except as expressly provided in this Section 5.4, Agent shall have no cost, expense or responsibility in connection with any goods not included in Merchandise.
Excluded Goods. Merchant shall retain all rights and responsibility for any goods not included as “Merchandise” hereunder (the “Excluded Goods”). At Merchant’s election, to be exercised on or before the Sale Commencement Date (except with respect to the Department Store Merchandise, in which case the election must be exercised on or before October 14, 2009, Agent shall accept goods, including Removed Goods and/or Display Goods (if Merchant so elects), not included as “Merchandise” hereunder for sale as “Agent Commission Sale Goods” at prices established by the Agent. Except with respect to Department Store Merchandise that Merchant elects to treat as Agent Commission Sale Goods, the Agent shall retain twenty percent (20%) of the sale price for all sales of Agent Commission Sale Goods, and Merchant shall receive eighty percent (80%) of the receipts in respect of such sales; provided however, Agent shall have the exclusive right to determine the sale prices for any Removed Goods that Merchant has elected to be treated as Agent Commission Sale Goods. With respect to Department Store Merchandise that Merchant elects to treat as Agent Commission Sale Goods, Agent shall retain twenty five percent (25%) of the sale price for all sales of Agent Commission Sale Goods, and Merchant shall receive seventy five percent (75%) of the receipts in respect of such sales, and Agent shall have the sole right to determine the sale prices and sales strategy for any such goods. Any unsold Agent Commission Sale Goods at the end of the Sale shall be returned to Merchant. If Merchant does not elect to have Agent sell Excluded Goods (including any Removed Goods or Department Store Merchandise) as Agent Commission Sale Goods, then all such items will be removed by Merchant from the Stores at its expense as soon as practicable after the Sale Commencement Date. Except as expressly provided in this Section 5.4, Agent shall have no cost, expense or responsibility in connection with any Excluded Goods.
Excluded Goods. 5.1 The following items are excluded from this contract and must not be stored;
Excluded Goods. If requested at the beginning of the Sale Term, Agent shall accept goods not included as “Merchandise” andor not included as Inventory under Open Purchase Orders under the APA for sale at prices and through sale channels established by Agent (such goods, “Excluded Goods”) and the compensation payable to Agent in connection therewith as well as the division and distribution of proceeds from the sale of Excluded Goods shall be addressed in the Letter Agreement; otherwise, Agent shall have no responsibility whatsoever for Excluded Goods and Merchant (if prior to the Closing) or Buyer (if following the Closing) shall remove them from the sales floor. In no event shall Excluded Goods be shipped to the Stores absent Agent’s express written consent. Agent shall have no cost, expense or responsibility in connection with any goods not included in Merchandise or that are not Inventory under Open Purchase Orders.
Excluded Goods. 7.1 The following Goods are Excluded Goods which will not be Transported by EMLINK unless otherwise agreed to in writing between the parties prior to such Transport: tobacco products, alcohol products, money, bullion, credit cards, pre-paid cards, jewellery, watches, gemstones and precious stones, furs, treasury notes, securities, stamps, patterns or manuscripts, plans and designs, livestock and plants, guns, explosives, ammunition, hazardous or dangerous Goods and materials , negotiable instruments, wrought or unwrought metals, antiques and antiquities, works of art, securities, drugs, refrigerated/perishable goods, household and personal effects, any valuable documents, glass or glass products, second-hand goods that have not been declared as such to EMLINK(who reserves the right to inspect second-hand goods before acceptance and to delay the Transport by one day to effect such inspection).
Excluded Goods. Merchant shall retain all responsibility for Excluded Goods. Merchant and Agent shall agree whether to include any Excluded Goods in the Sale and, to the extent appropriate, sell these Excluded Goods at prices established by agreement between Merchant and Agent. The Agent and Merchant shall agree how to share proceeds of such Sales.
