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 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” hereunderhereunder and shall remove such goods from the Closing Locations prior to the Sale Commencement Date, or as soon thereafter as reasonably practicable. If Merchant elects at the beginning of the Sale Term, Agent shall accept those goods not included as “Merchandise” hereunder and as identified by Merchant for sale as “Merchant Consignment Goods” at prices mutually agreed upon by Agent and Merchant”. The Agent shall retain 20% of the sale price (less Sales Taxes) for all sales of Merchant Consignment Goods, and Merchant shall receive 80% of the receipts sale price (less Sales Taxes) 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 weekly Sale Reconciliationreconciliation by Merchant and Agent pursuant to Section 8.7 below. If Merchant does not elect to have Agent sell merchandise such goods not included as Merchandise, then all such items will be removed by Merchant from the Stores Closing Locations at its expense as soon as practicableexpense. Except as expressly provided in this Section 5.45.4 or in the Purchase Agreement, 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 goods not included as “Merchandise” hereunder for sale as “Merchant Consignment Goods” at prices mutually agreed upon established by Agent the Agent. News Stand Inventory, Café/Candy Inventory and Merchantwarranty inventory (SKU nos 3195901, and 3195902) 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 basisbasis in accordance with Section 3.3, immediately following the Weekly weekly Sale Reconciliationreconciliation by Merchant and Agent pursuant to Section 8.6 below. If Merchant does not elect to have Agent sell merchandise goods 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 Merchandisepracticable after the Sale Commencement Date.

Excluded Goods. (a) Merchant shall retain all responsibility for any goods not included as “Merchandise” hereunder. If Merchant elects at the beginning of the Sale Term, and Agent, in its sole discretion, agrees, Agent shall accept goods not included as “Merchandise” hereunder for sale as “Merchant Consignment Goods” at prices mutually agreed upon established by Agent and Merchantthe Agent. The Agent shall retain 2025% of the sale price for all sales of Merchant Consignment Goods, and Merchant shall receive 8075% 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 weekly Store Closing Sale Reconciliationreconciliation by Merchant and Agent pursuant to Section 8.8 below. If Merchant does not elect to have Agent sell merchandise goods not included as Merchandise, or Agent does not agree to include such goods as Merchant Consignment Goods, then all such items will be removed by Merchant from the Stores at its expense as soon as practicablepracticable 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.