Merchandise. Programs, T-shirts, souvenirs, posters, novelty items, clothing apparel, and recorded media will be sold in the Centre only by BCEC Management or representatives nominated by it, unless BCEC Management agrees in writing to waive this condition. BCEC Management will retain 18% (including GST) of gross merchandise sales. All revenue derived from the sale of motion pictures, still photography, television or radio recordings, or other similar rights, is to be subject to a seperate agreement between Hirer and BCEC Management. 26 Additional Responsibilities In addition to its responsibilities under clause 7.1, Xxxxx must:
Merchandise. If merchandise is to be sold on behalf of the artist, the information must be given to the Executive Director of Strathspey Performing Arts Centre at least one week prior to the event so that sellers may be contacted in advance. It is policy for merchandise to be sold by either Strathspey Place Staff or volunteers. Strathspey charges 15% to renter for merchandise sold on premises.
Merchandise. The Lessee will not exhibit or sell merchandise in breach of the Permitted Use and will, within 3 Working Days of receipt of notice of any breach of this provision, remove from the Premises any contravening merchandise. On default the Lessor may enter during normal business hours and remove contravening merchandise and hold it at the Lessee's risk and cost.
Merchandise. For purposes hereof, "
Merchandise. Supplier represents, warrants and guarantees, for a period of twelve (12) months after delivery and acceptance, that any Merchandise provided under this Agreement shall be: (i) provided in accordance with the SOW and/or PO and correct and appropriate for the purposes contemplated in this Agreement; (ii) is fit for the purpose for which similar Merchandise is ordinarily employed; (iii) is free from defects in materials and/or workmanship, and is merchantable; (iv) was not manufactured and is not being priced or sold in violation of any federal, state or local law, including without limitation those relating to health and safety; (v) will perform according to industry standards and any applicable specifications or documentation; and (vi) will not violate, infringe or misappropriate the rights of any third party. In addition to the foregoing, Supplier represents and warrants to University that it has all power and authority to convey ownership of the Merchandise to University in accordance with this Agreement, that the Merchandise is free and clear of all liens and encumbrances, and that Supplier has a good and marketable title to same. Supplier agrees to defend and indemnify University for any liability and damages resulting from third-party claims challenging Supplier’s or University’s title to the Merchandise. These warranties shall survive acceptance of and payment for the Merchandise and shall be in addition to any other warranties or service guarantee, express or implied, given by Supplier to University. Replaced or repaired goods shall be warranted for the remainder of the warranty period or six (6) months, whichever is longer.
Merchandise. Supplier shall not sell any products while performing the Services, including but not limited to the sale of CD’s, records, tapes or other mementos, unless agreed upon in writing by University.
Merchandise. Artist/Performer will not sell any products at the Engagement, including but not limited to the sale of CDs, records, tapes or other mementos, unless agreed upon in advance in writing by Barnard.
Merchandise. (i.e. uniform, clothing, etc) will not be distributed if ANY balance is past due.
Merchandise. Description of an article in the RFQ by a brand name or catalogue number (both hereinafter referred to as "Bid Standard") or "equal", indicates the character and quality of the article required, and Bidder may name such equal in the bid. If Bidder fails to name such equal as a substitute, then delivery of the Bid Standard will be required. When the description of an article in the bid proposal is based on a standard specification of the Authority or other agency, no substitutes or alternates will be considered unless otherwise specified in the RFQ. Unless otherwise stated, all merchandise must be new and unused. All merchandise which is customarily labeled or identified must have securely affixed thereto the original label or marking of the manufacturer. All merchandise of a time sensitive nature must have their expiration dates clearly marked on each carton or individual item. The Authority will not accept any merchandise with an expiration date that is less than twelve (12) months after the date of receipt.
Merchandise. For purposes hereof, “
