EXPLOITATION BY LICENSEE a. LICENSEE agrees to commence, and diligently continue thereafter, the distribution, shipment and sale of each category of the Licensed Product in commercially reasonable quantities in the Territory on or before the respective distribution date set forth next to each category of the Licensed Product described in item 2 of the attached License Agreement Detail Schedule.
b. LICENSEE agrees that the Licensed Product will be sold, shipped and distributed outright, at a competitive price that does not exceed the price generally and customarily charged the trade by LICENSEE, and not on an approval, tie-in, consignment, or "sale or return" basis. LICENSEE further agrees that the Licensed Product will only be sold to retailers, jobbers, wholesalers and distributors for sale, shipment and distribution to retail stores and merchants commonly considered and referred to in the industry as fine department stores and better specialty stores and/or to fine department stores and better specialty stores for sale, shipment and distribution direct to the public. Notwithstanding the foregoing to the contrary, LICENSOR agrees that the Licensed Product may also be sold to those retail stores commonly considered and referred to in the industry as "Warehouse Clubs" * so long as the total Net Shipment volume of Licensed Product sold to such "Warehouse Clubs" does not exceed twenty five percent (25%) of LICENSEE's annual Net Shipment volume. * * Text omitted pursuant to a request for confidential treatment and filed separately with the Securities and Exchange Commission. * The manner and scope of the distribution of the Licensed Product, availability, variety, fabrication, colors and sizes are critical to the promotion, enhancement and protection of the Trademarks and their associated goodwill. *
EXPLOITATION BY LICENSEE. Licensee agrees to vigorously exploit, advertise and promote the Promotion to the favorable advantage and enhancement of the Trademarks and the Rights in accordance with the terms of this Agreement and specifically in the manner described in Schedule B. In the event of Licensee's failure to comply with this requirement, in addition to all other remedies available to it, MLBPA shall have the option to terminate this Agreement upon mailing notice of such termination to Licensee.
EXPLOITATION BY LICENSEE. As a result of entering into this Agreement with Licensee, Licensor may be foregoing other opportunities and, accordingly:
EXPLOITATION BY LICENSEE. (a) Licensee agrees to commence distribution, shipment and sale of all of the Licensed Products in sufficient quantities to meet the reasonably anticipated demand therefor throughout the Licensed Territory within six (6) months after the Effective Date of this Agreement. In the event of Licensee's failure to comply with this requirement, in addition to all other remedies available to it, MLBPA shall have the option to terminate this Agreement upon mailing notice of such termination to Licensee.
(b) Licensee agrees that during all License Periods of this Agreement, Licensee will continue to diligently and continuously distribute, ship and sell each of the Licensed Products throughout the Licensed Territory and that it will use its best efforts to make and maintain adequate arrangements for the distribution, shipment and sale necessary to meet the demand for all such Licensed Products throughout the Licensed Territory. Licensee further agrees to exercise all reasonable efforts to advertise and promote the Licensed Products at its own expense throughout the term of this Agreement as widely as practicable within the Licensed Territory, to the best advantage and enhancement of the Trademarks and the Rights.
(c) Licensee will not discriminate against the Licensed Products by granting commissions/discounts to salesmen, dealers and/or distributors in favor of Licensee's other similar products.
EXPLOITATION BY LICENSEE. (a) Licensee shall commence the Sale of the Products in commercially reasonable quantities in each of the countries within the Territory by the Marketing Date.
(b) During the Term, Licensee will use commercially reasonable efforts to diligently and continuously distribute, ship, sell, promote and meet the demand for all of the Products in all countries in the Territory.
(c) Products will be sold, shipped and distributed outright, at a competitive price that does not exceed the price generally and customarily charged the particular purchaser by the Licensee, and not on an approval, consignment, sale or return basis. Licensee will not discriminate against the Products by granting commissions/discounts to salesmen, dealers or distributors in favor of Licensee's other products. Products will only be sold to retail stores and merchants for sale, shipment and distribution direct to the public.
EXPLOITATION BY LICENSEE. (a) Licensee agrees to ensure that the Products are manufactured in sufficient quantities to meet the reasonably anticipated customer demand therefore, and to maintain adequate inventories thereof. Licensee further undertakes to make and maintain adequate arrangements for the distribution of the Products throughout the Territory in all approved Distribution Channels. Products will be sold, shipped and distributed outright and not on an approval, consignment or return basis. Licensee will not discriminate against the Products by granting commissions/discounts to salespeople, dealers or distributors which are generally more favorable than those with respect to Licensee’s other products. If Licensee sells or distributes the Products to any person or entity directly or indirectly affiliated by common ownership or control with Licensee at a price less than the price generally charged to the trade by Licensee, Licensee shall pay Royalties with respect to such sales or distribution based upon the price generally charged the trade by Licensee.
EXPLOITATION BY LICENSEE. (a) Licensee agrees to commence distribution, shipment and sale of all of the Licensed Products in sufficient quantities to meet the reasonably anticipated demand therefor throughout the Licensed Territory within nine (9) months after the Effective Date of this Agreement.
(b) Licensee agrees that during all License periods of this Agreement, licensee will continue to diligently and continuously distribute, ship and sell each of the licensed Products throughout the Licensed Territory and that it will use its most efforts to make and maintain adequate arrangement for the distribution, shipment and sale necessary to meet the demand for all such Licensed Products throughout the Licensed Territory. Licensee further agrees to exercise all reasonable efforts to advertise and promote the Licensed Products at its own expense throughout the term of this Agreement as widely as practicable within the Licensed Territory, to the best advantage and enhancement of the Trademarks and the Rights.
EXPLOITATION BY LICENSEE. (a) Licensee shall commence the Sale of the Products in commercially reasonable quantities in each of the countries within the Territory by the Marketing Date set forth in the Agreement.
(b) During the entire Term, Licensee will use its best efforts diligently and continuously to distribute, ship, sell, promote and meet the demand for all of the Products in all countries in the Territory.
(c) Products will be sold, shipped and distributed outright, at a competitive price that does not exceed the price generally and customarily charged the particular purchaser by the Licensee, and not on an approval, consignment, sale or return basis. Licensee will not discriminate against the Products by granting commissions/discounts to salesmen, dealers or distributors in favor of Licensee's other products. Products will only be sold to retail stores and merchants for sale, shipment and distribution direct to the public.
(d) Licensee shall sell to King, if it so requests, additional quantities of each Product at eighty (80%) percent of Licensee's customary Gross Wholesale Price.
EXPLOITATION BY LICENSEE a. LICENSEE agrees to commence, and diligently continue thereafter, the distribution, shipment and sale of the Licensed Product in commercially reasonable quantities in the Territory on or before the respective distribution date set forth next to the Licensed Product described in item 2 of the attached License Agreement Detail Schedule.
b. LICENSEE agrees that the Licensed Product will only be shipped to and sold by authorized Xxxxxxx Hills * Text omitted pursuant to a request for confidential treatment and filed separately with the Securities and Exchange Commission.
EXPLOITATION BY LICENSEE. (a) Licensee shall commence the Sale of the Products in commercially reasonable quantities in each of the countries within the Territory by the Marketing Date set forth in the Agreement.
(b) During the entire Term, Licensee will use its commercially reasonable efforts diligently and continuously to distribute, ship, sell, promote and meet the demand for all of the Products in the Territory.
(c) Products will be sold, shipped and distributed outright, at a competitive price that does not exceed the price generally and customarily charged the particular purchaser by the Licensee. Licensee will not discriminate against the Products by granting commissions/discounts to salesmen, dealers or distributors in favor of Licensee's other products. Products will only be sold to (i) retail stores and merchants for sale, shipment and distribution direct to the public; (ii) distributors; and (iii) to hardware manufacturers to be included for sale with such manufacturers hardware (OEM).
(d) Licensee shall sell to King, if it so requests, additional quantities of each Product at CONFIDENTIAL INFORMATION OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION percent (CONFIDENTIAL INFORMATION OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION%) of Licensee's customary Gross Wholesale Price.
