MANUFACTURE OF PRODUCTS; PRICE AND PAYMENT TERMS. 7.1 Manufacture of Products. All Products for which Specific Purchase Orders have been issued (subject to Section 5.1 of this Agreement) may be manufactured by or on behalf of Salton **Salton acknowledges and Kmart acknowledges (based upon Salton's representation) that under the License Agreement WCI has the right before the initial order of a new Product within ten (10) days of submission by Salton, to approve or reject the Product specimen, related artwork and packaging, which consent shall not be unreasonably withheld and shall be automatic unless rejection is communicated in writing to Kmart within the ten (10) day period. In each such case, Salton shall be solely responsible for making timely submission to WCI and timely written communication to Kmart of any rejection; and Kmart shall have no liability, whatsoever, for any claim or failure relating to or arising from this Section 7.1.
Appears in 1 contract
Samples: Purchase, Distribution and Marketing Agreement (Windmere Durable Holdings Inc)
MANUFACTURE OF PRODUCTS; PRICE AND PAYMENT TERMS. 7.1 Manufacture of Products. All Products for which Specific Purchase Orders have been issued (subject to Section 5.1 of this Agreement) may be manufactured by or on behalf of Salton [**] Salton acknowledges and Kmart acknowledges (based upon Salton's representation) that under the License Agreement WCI has the right before the initial order of a new Product within ten (10) days of submission by Salton, to approve or reject the Product specimen, related artwork and packaging, which consent shall not be unreasonably withheld and shall be automatic unless rejection is communicated in writing to Kmart within the ten (10) day period. In each such case, Salton shall be solely responsible for making timely submission to WCI and timely written communication to Kmart of any rejection; and Kmart shall have no liability, whatsoever, for any claim or failure relating to or arising from this Section 7.1.
Appears in 1 contract
Samples: Purchase, Distribution and Marketing Agreement (Windmere Durable Holdings Inc)
MANUFACTURE OF PRODUCTS; PRICE AND PAYMENT TERMS. 7.1 Manufacture of Products. All Products for which Specific Purchase Orders have been issued (subject to Section 5.1 of this Agreement) may be manufactured by or on behalf of Salton NewTech [**Salton ] NewTech acknowledges and Kmart acknowledges (based upon SaltonNewTech's representation) that under the License Agreement WCI has the right before the initial order of a new Product within ten (10) days of submission by SaltonNewTech, to approve or reject the Product specimen, related artwork and packaging, which consent shall not be unreasonably withheld and shall be automatic unless rejection is communicated in writing to Kmart within the ten (10) day period. In each such case, Salton NewTech shall be solely responsible for making timely submission to WCI and timely written communication to Kmart of any rejection; and Kmart shall have no liability, whatsoever, for any claim or failure relating to or arising from this Section 7.1.
Appears in 1 contract
Samples: Purchase, Distribution and Marketing Agreement (Windmere Durable Holdings Inc)
MANUFACTURE OF PRODUCTS; PRICE AND PAYMENT TERMS. 7.1 Manufacture of Products. All Products for which Specific Purchase Orders have been issued (subject to Section 5.1 of this Agreement) may be manufactured by or on behalf of Salton **Salton NewTech acknowledges and Kmart acknowledges (based upon SaltonNewTech's representation) that under the License Agreement WCI has the right before the initial order of a new Product within ten (10) days of submission by SaltonNewTech, to approve or reject the Product specimen, related artwork and packaging, which consent shall not be unreasonably withheld and shall be automatic unless rejection is communicated in writing to Kmart within the ten (10) day period. In each such case, Salton NewTech shall be solely responsible for making timely submission to WCI and timely written communication to Kmart of any rejection; and Kmart shall have no liability, whatsoever, for any claim or failure relating to or arising from this Section 7.1.
Appears in 1 contract
Samples: Purchase, Distribution and Marketing Agreement (Windmere Durable Holdings Inc)
MANUFACTURE OF PRODUCTS; PRICE AND PAYMENT TERMS. 7.1 Manufacture of Products. All Products for which Specific Purchase Orders have been issued (subject to Section 5.1 of this Agreement) may be manufactured by or on behalf of Salton **Salton acknowledges and Kmart acknowledges (based upon Salton's representation) that under the License Agreement WCI has the right before the initial order of a new Product within ten (10) days of submission by Salton, to approve or reject the Product specimen, related artwork and packaging, which consent shall not be unreasonably withheld and shall be automatic unless rejection is communicated in writing to Kmart within the ten (10) day period. In each such case, Salton shall be solely responsible for making timely submission to WCI and timely written communication to Kmart of any rejection; and Kmart shall have no liability, whatsoever, for any claim or failure relating to or arising from this Section 7.1.
Appears in 1 contract
Samples: Purchase, Distribution and Marketing Agreement (Windmere Durable Holdings Inc)