FIXTURES, EQUIPMENT, LOCATION AND LAYOUT. Filene's shall at its sole cost provide the fixtures and equipment to display Supplier's Merchandise in the Covered Stores or as needed to replace existing fixtures. The fixtures and equipment decisions with respect to design, type, color, material, layout, and location (subject to Section 4.7) within each Covered Store and related matters for new fixtures shall be made jointly by Supplier and Filene's. Filene's shall maintain at its expense all displays and fixtures in good repair and condition, ordinary wear and tear excepted. Supplier shall, subject to Filene's approval, provide individual Merchandise "case talkers" for depicting the style, price, and any other pertinent information that Supplier deems appropriate. Title to all fixtures paid for by Filene's shall remain in Filene's name and title to all fixtures paid for by Supplier shall remain in Supplier's name. Upon termination of this Agreement, and at Filene's request, Supplier will remove such fixtures not owned by Filene's. Absent a continuing Event of Default, no fixtures or equipment belonging to Supplier or any patented fixtures of Supplier shall be transferred or removed from a Store without the consent of Supplier; and, further, in no event will Filene's sell, transfer or otherwise dispose of any fixtures patented by Supplier without Supplier's express written consent.
FIXTURES, EQUIPMENT, LOCATION AND LAYOUT. Prior to the date designated on the Covered Store Schedule as the “Opening Date” for the Shoe Department in each Covered Store to be fully inventoried and open for business, Supplier shall at its sole cost provide the fixtures and equipment to display Supplier’s Merchandise in each Covered Stores. As used herein the term “fixtures” includes carpeting and mirrored columns of the Shoe Departments of Covered Stores that are not now existing Sxxxx Mart stores. The fixtures and equipment decisions with respect to design, type, color, material, layout, location within store, etc. shall be made by Supplier, subject to Sxxxx Mart’s prior written approval. The fixtures and equipment in each licensed location will be suitable to accommodate the sales objectives described herein and shall be consistent in quality and design with other fixtures in the respective Covered Stores. After installation, Sxxxx Mart shall maintain all displays and fixtures in good repair and condition, ordinary wear and tear excepted. Title to all fixtures paid for by the Supplier shall remain in Supplier. Upon termination of this Agreement, Supplier will remove its fixtures from the Sxxxx Mart stores at its sole expense and repair at its sole expense any damage effected by such removal restoring such space to its condition prior to the installation of such fixtures, provided, however, that upon any default by Supplier, such fixtures shall not be removed or rendered unusable in any respect by Sxxxx Mart until the removal of all of the Merchandise from the relevant Covered Store in accordance with this Agreement and upon any failure by Supplier to remove its fixtures and repair any damage as provided above which continues for thirty (30) days after written demand therefore by Sxxxx Mart, title to such fixtures shall pass to Sxxxx Mart without payment and Sxxxx Mart shall thereupon have a license to use any proprietary and patented fixtures included within such fixtures for a license fee of $1 per year. Absent a continuing Event of Default by Supplier, no fixtures or equipment shall be transferred or removed from any Covered Store without the consent of the Supplier which such consent shall not be unreasonably withheld. In no event shall any fixtures be removed during any hours during which the store where the fixtures are located is open for business, and all removal must be completed and the space where the fixtures were located left in a presentable and broom clean condition prior to the nex...
