Common use of Excluded Goods Clause in Contracts

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 defective goods not included as "Merchandise" hereunder for sale as "Merchant Consignment Goods" at prices established by the Agent. The Agent shall retain 25% of the sale price for all sales of Merchant Consignment Goods, and Merchant shall receive 75% 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 by Merchant and Agent pursuant to Section 8.8 below. If Merchant does not elect to have Agent sell defective 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 date hereof. 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 responsibility for any goods not included as "“Merchandise" ” hereunder. If Merchant elects at the beginning of the Sale Term, Agent shall accept defective 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 2520% of the sale price for all sales of Merchant Consignment Goods, and Merchant shall receive 7580% 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 basisbasis in accordance with Section 3.3, immediately following the weekly Sale reconciliation by Merchant and Agent pursuant to Section 8.8 8.6 below. If Merchant does not elect to have Agent sell defective 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 date hereof. 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 MerchandiseSale Commencement Date.

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 defective goods not included as "Merchandise" hereunder for sale as "Merchant Consignment Goods" at prices established by the Agent. The Agent shall retain 2520% of the sale price for all sales of Merchant Consignment Goods, and Merchant shall receive 7580% 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 by Merchant and Agent pursuant to Section 8.8 8.7 below. If Merchant does not elect to have Agent sell defective such 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 date hereof. 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 responsibility for any goods not included as "Merchandise" hereunder. If Merchant elects at the beginning of the Sale Term, Agent shall accept defective goods not included as "Merchandise" hereunder for sale as "Merchant Consignment Goods" at prices established by the Agent. The Agent shall retain 2515% of the sale price (less Sales Taxes) for all sales of Merchant Consignment Goods, and Merchant shall receive 7585% of the receipts in respect of such salessales (less Sales Taxes). 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 8.8 below5.2(a) above. If Merchant does not elect to have Agent sell defective goods not included as Excluded Defective Merchandise, then all such items will be removed by Merchant from the Stores at its expense as soon as practicable after the date hereofSale Commencement Date. Except as expressly provided in this Section 5.45.5, Agent shall have no cost, expense or responsibility in connection with any goods not included in Merchandise.

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 defective goods not included as "“Merchandise" ” hereunder for sale as "“Merchant Consignment Goods" ” at prices established by the Agent. The Agent shall retain 2520% of the sale price for all sales of Merchant Consignment Goods, and Merchant shall receive 7580% 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 by Merchant and Agent pursuant to Section 8.8 8.7 below. If Merchant does not elect to have Agent sell defective or display goods merchandise 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 date hereofSale Commencement Date. 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 responsibility for any goods not included as "“Merchandise" ” hereunder. If Merchant elects at the beginning of the Sale Term, Agent shall accept defective goods not included as "“Merchandise" ” hereunder for sale as "“Merchant Consignment Goods" ” at prices established by the Agent. The Agent shall retain 2520% of the sale price for all sales of Merchant Consignment Goods, and Merchant shall receive 7580% 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 by Merchant and Agent pursuant to Section 8.8 8.7 below. If Merchant does not elect to have Agent sell defective or display goods merchandise not included as Merchandise, then all such items will be removed by Merchant from the Closing Stores at its expense as soon as practicable after the date hereofSale Commencement Date. 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.