Common use of No Representations by the Company Clause in Contracts

No Representations by the Company. No representation or warranty has been or is being made that the Company owns the Licensed Mxxx for Products or any particular Product in the Territory or any portion of the Territory, except that the Company represents and warrants that, as of the date hereof, the Company owns the registrations and applications identified on Schedule 19.2 hereto. [TO BE PROVIDED]. If the Company reasonably should determine that the use of the Licensed Mxxx on any or all of the Products in the Territory or any portion of the Territory violates the trademark or other rights of another, Licensee shall not distribute, or authorize the sale of, such Products in or to such area and shall require retail locations to cease such sales. It will not be a breach of the Agreement, and the Company shall have no liability in connection with, any inability of Licensee to sell any Articles sold under the Licensed Mxxx in the Territory or any portion of the Territory, except that Licensee may terminate this Agreement if it is unable to sell Articles sold under the Licensed Mxxx in any significant portion of the Territory (it being understood that such termination shall be considered a normal termination (and not a default) hereunder).

Appears in 2 contracts

Samples: Agreement (Fashion House Holdings Inc), Agreement (Fashion House Holdings Inc)

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No Representations by the Company. No representation or warranty has been or is being made that the Company owns the Licensed Mxxx for Products or any particular Product in the Territory or any portion of the Territory, except that the Company represents and warrants that, as of the date hereof, the Company owns the registrations and applications identified specified on Schedule 19.2 hereto. [TO BE PROVIDED]. .] If the Company reasonably should determine that the use of the Licensed Mxxx on any or all of the Products in the Territory or any portion of the Territory violates the trademark or other rights of another, Licensee shall not distribute, or authorize the sale of, such Products in or to such area and shall require retail locations to cease such sales. It will not be a breach of the Agreement, and the Company shall have no liability in connection with, any inability of Licensee to sell any Articles sold under the Licensed Mxxx in the Territory or any portion of the Territory, except that Licensee may terminate this Agreement if it is unable to sell Articles sold under the Licensed Mxxx in any significant portion of the Territory (it being understood that such termination shall be considered a normal termination (and not a default) hereunder).

Appears in 1 contract

Samples: Agreement (Fashion House Holdings Inc)

No Representations by the Company. No representation or warranty has been or is being made that the Company owns the Licensed Mxxx Marks for Products or any particular Product in the Territory or any portion of the Territory, except that the Company represents and warrants that, as of the date hereof, the Company owns the registrations and applications identified on Schedule 19.2 hereto. [TO BE PROVIDED]. β€œA.” If the Company reasonably should determine that the use of the any Licensed Mxxx on any or all of the Products in the Territory or any portion of the Territory violates the trademark or other rights of another, Licensee shall not distribute, or authorize the sale of, such Products bearing such Licensed Mxxx in or to such area and shall require retail locations to cease such sales. It will not be a breach of the Agreement, and the Company shall have no liability in connection with, any inability of Licensee to sell any Articles sold under the that Licensed Mxxx in the Territory or any portion of the Territory, except that Licensee may terminate this Agreement if it is unable to sell Articles sold under the Licensed Mxxx Marks in any significant portion of the Territory (it being understood that such termination shall be considered a normal termination (and not a default) hereunder).

Appears in 1 contract

Samples: Agreement (Fashion House Holdings Inc)

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No Representations by the Company. No representation or warranty has been or is being made that the Company owns the Licensed Mxxx for Products or any particular Product in the Territory or any portion of the Territory, except that the Company represents and warrants that, as of the date hereof, the Company owns the registrations and applications identified on Schedule 19.2 hereto. [TO BE PROVIDED]. .] If the Company reasonably should determine that the use of the Licensed Mxxx on any or all of the Products in the Territory or any portion of the Territory violates the trademark or other rights of another, Licensee shall not distribute, or authorize the sale of, such Products in or to such area and shall require retail locations to cease such sales. It will not be a breach of the Agreement, and the Company shall have no liability in connection with, any inability of Licensee to sell any Articles sold under the Licensed Mxxx in the Territory or any portion of the Territory, except that Licensee may terminate this Agreement if it is unable to sell Articles sold under the Licensed Mxxx in any significant portion of the Territory (it being understood that such termination shall be considered a normal termination (and not a default) hereunder).

Appears in 1 contract

Samples: Agreement (Fashion House Holdings Inc)

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