Manufacture of Licensed Products. Upon approval of a Game and the Artwork and upon receipt from LICENSEE of an order in accordance with Section 7 herein, NCL will manufacture the Licensed Products for LICENSEE, including the Artwork.
Manufacture of Licensed Products. Quality Control.
(i) The contents and workmanship of Licensed Products shall be at all times of the highest quality consistent with the reputation, image and prestige of the Licensed Xxxx, and Licensed Products shall be distributed and sold with packaging and sales promotion materials appropriate for such high quality products. The Parties agree that the Licensed Products shall be of the same or similar premium quality and prestige as that of the Xxxxx Xxxxxx, Xxxxxxx Xxxxxx and Xxxxxxxx Xxxxx fragrance brands as of the date of this Agreement.
(ii) All Licensed Products shall be manufactured, labeled, sold, distributed and advertised in accordance with all applicable national, state and local laws and regulations.
(iii) Licensee shall submit to Licensor the fragrance, scent, packaging and other material, designs, pre-production samples, design concepts, sketches, colors, tags, containers and labels and advertising and marketing materials and any other matter utilizing the Licensed Xxxx or Associated Matter for Licensor's review and approval, which approval shall not be unreasonably withheld: however, should Licensor fail to respond to written requests for approval within twenty (20) days of receipt of such requests, Licensor shall be deemed to have approved the item or items for which approval was requested.
(iv) During the Term of this Agreement, upon Licensor's request, Licensee shall submit, free of charge to Licensor, a then current production sample of each Licensed Product marketed. Production samples submitted by Licensee for this purpose may be retained by Licensor and Licensor will pay Licensee for any additional production samples Licensor requests and retains at prices equal to Licensee's actual costs. All Licensed Products to be sold hereunder shall be at least equal in quality to the samples presented to Licensor. Licensor and its duly authorized representatives shall have the right, upon reasonable advance notice and during normal business hours, at Licensor's expense, to examine Licensed Products in the process of being manufactured and to inspect all facilities utilized by Licensee or its sub- licensee in connection therewith.
Manufacture of Licensed Products. GSK shall have the right and, at its expense shall be responsible to, manufacture or have manufactured all Licensed Products (including all API used therein) in accordance with the terms and conditions of this Agreement necessary for GSK to fulfill its obligations with respect to the development and commercialization of Licensed Products hereunder.
Manufacture of Licensed Products. Upon approval of each Game and the Artwork related thereto and upon receipt from LICENSEE of an order in accordance with
Manufacture of Licensed Products. The Licensee shall not manufacture any Licensed Products (or any part thereof) other than at a Factory and shall procure (in the case of manufacture by an Approved Contractor) that the relevant Approved Contractor does not manufacture any Licensed Products (or any part thereof) other than at the Factory Approved in such Approved Contractor's Undertaking.
Manufacture of Licensed Products. Licensee agrees to use commercially reasonable efforts to place itself in, and to maintain, a position to manufacture, test, sell, service, repair, and maintain Licensed Products for application in the Licensed Field in the manner necessary to supply effectively the demand therefor.
Manufacture of Licensed Products. BY OTHERS LICENSEE represents that any third party manufacturers, sub-contractors, etc., shall operate their facilities in a manner that complies with all State and Federal labor and business codes.
Manufacture of Licensed Products. MPL shall manufacture or cause the Licensed Products to be manufactured in accordance with Good Manufacturing Practices, Applicable Laws, the Manufacturing Documentation and the applicable Licensed Product Registration, as each may be amended from time to time. At the time that MPL supplies the Licensed Products to Distributor, the Licensed Products will not be adulterated or misbranded within the meaning of the Federal Food, Drug and Cosmetic Act.
Manufacture of Licensed Products. 8.1.1 From the date of execution of this Agreement, MRG shall have the capability to manufacture Licensed Products in accordance with MiniMed's quality specifications meeting the inspection, requirements and warranty set forth in Section 12, in the quantities and within the delivery times contemplated by Section 6.5. If MRG fails to establish the capability to manufacture Licensed Products in accordance with the requirements of the preceding sentence or thereafter loses that capability or fails to manufacture the Licensed Products to be sold to MiniMed as contemplated by this Agreement, MiniMed will have the right, in addition to all other rights and remedies MiniMed may have under applicable law, to itself undertake the manufacture of the Licensed Products for the Covered Applications or contract with others to do so. Such right may only be exercised by giving written notice to MRG of MiniMed's intention to do so, and thereafter MRG will have 360 days in which to cure its failure to perform. Such cure shall be deemed effective only if MRG manufactures and delivers to MiniMed 80% of the number of units of Licensed Products which MiniMed had ordered and MRG had failed to deliver and at least that number of units meets the inspection requirements and warranty referred to in Section 12. If, however, MRG fails to deliver in any three-year period (based on the number of days elapsed, not calendar years) 80% or more of the number of units ordered by MiniMed which meet the inspection requirements and warranty referred to in Section 12, then there shall be no right to cure and MiniMed may exercise its right to undertake manufacturing the Licensed Products or contract with others to do so as provided above.
8.1.2 If MiniMed undertakes to manufacture the Licensed Products as provided in Section 8.1.1 or Section 7 as a result of its distribution rights becoming nonexclusive, it will have the right to do so thereafter throughout the balance of the Term of the Distribution Rights. MiniMed will, however, pay a royalty to MRG equal to 6% of MiniMed Licensed Pump Sales from the sale, lease or other commercial exploitation of the Licensed Products manufactured by it. If MiniMed incorporates any
Manufacture of Licensed Products. QUALITY CONTROL, APPROVALS. ------------------------------------------------------------
7.1 Licensee recognizes that Everlast has a reputation for high quality and that Licensee must, therefore, maintain such quality on all Licensed Products. Licensee agrees that Everlast shall have the right to disapprove: (i) the quality, style and design of all Licensed Products (including packaging); (ii) the presentation or style of the Licensed Marks used in connection therewith; and (iii) production samples of all Licensed Products (all such samples being required to be submitted to Everlast, freight prepaid, prior to sale). In connection with the foregoing, Licensee shall submit to Everlast "story boards", fabric samples and sketches for initial approval and, when prepared, prototype samples and not less than one (1) production sample of each style of each of the Licensed Products (as provided in Paragraph 8). Any items submitted for approval hereunder at Everlast's address set forth herein shall be deemed to have been approved if same are not disapproved by notice to Licensee in writing within ten (10) business days after receipt thereof by Everlast. Everlast agrees that any item submitted will not be unreasonably disapproved and, if it is disapproved, that Licensee will be advised in writing of the specific grounds therefor.
7.2 Everlast shall have the right to inspect at all reasonable times the production facilities of Licensee or its subcontractors and to receive from the Licensee production samples of Licensed Products without charge and make tests thereof so as to reasonably assure Everlast that the nature and quality of Licensed Products are in accordance with the requirements of this Agreement. Any items submitted for approval under this Article 7 at Everlast's address set forth herein shall be deemed to have been approved if same are not disapproved by notice to Licensee in writing within twenty working (20) days after receipt thereof by Everlast. Everlast agrees that any item submitted will not be unreasonably disapproved and, if it is disapproved, that Licensee will be advised in writing of the specific grounds therefor. Licensee further agrees to: (i) sell Licensed Products bearing the Licensed Marks only to retail stores of the type generally offering products bearing the "Everlast" label in the U.S.A., or products of comparable quality, and (ii) remove the Licensed Marks from "irregulars" to the extent practicable or, where not practicable, to affix...
