Common use of Notice of Certain Matters Clause in Contracts

Notice of Certain Matters. If Too, Inc. at any time believes that The Limited is not in full compliance with its obligations under Section 4.01 of this Agreement, Too, Inc. shall so notify The Limited in writing promptly (but not later than 30 days) after becoming aware of such possible non-compliance by The Limited. Such notice (a "NON-COMPLIANCE NOTICE") shall set forth in reasonable detail the basis for Too, Inc.'s belief as well as Too, Inc.'s view as to the steps to be taken by The Limited to address the possible non-compliance. For the 30 days after receipt of such a notice, appropriate representatives of The Limited and Too, Inc. shall work in good faith to develop a plan to resolve the matters referred to in the Non-Compliance Notice. In the event such matters are not resolved through such discussions, Too, Inc. may elect to terminate The Limited's obligation to provide or procure, and its obligation to purchase, the Service or Services referred to in its Non-Compliance Notice in accordance with Section 5.02. In the event such matters are resolved through such discussions and Too, Inc. does not elect to terminate such Service or Services within 60 days of the end of the 30-day period referred to in the third sentence of this Section 4.08, Too, Inc. shall not be entitled to deliver another Non-Compliance Notice or pursue other remedies with respect to same or any substantially similar matter so long as The Limited complies in all material respects with the terms of such resolution. In no event shall any termination of this Agreement pursuant to this Section 4.08 limit or affect Too, Inc.'s right to seek remedies in accordance with Section 7.11 in respect of any breach by The Limited of any of its obligations under this Agreement prior to such termination.

Notice of Certain Matters. If Too, Inc. MSCI at any time believes that The Limited Xxxxxx Xxxxxxx is not in full compliance with its obligations under Section 4.01 of this AgreementSections 4.01(a), Too4.01(b) or 4.01(c), Inc. MSCI shall so notify The Limited Xxxxxx Xxxxxxx in writing promptly (but not later than 30 days) after becoming aware of such possible non-compliance by The LimitedXxxxxx Xxxxxxx. Such notice (a "NON“Non-COMPLIANCE NOTICE"Compliance Notice”) shall set forth in reasonable detail the basis for Too, Inc.'s MSCI’s belief as well as Too, Inc.'s MSCI’s view as to the steps to be taken by The Limited Xxxxxx Xxxxxxx to address the possible non-compliance. For the 30 days after receipt of such a notice, appropriate the members of the Operating Committee (or, if so determined by them, other representatives of The Limited Xxxxxx Xxxxxxx and Too, Inc. MSCI) shall work in good faith to develop a plan to resolve the matters referred to in the Non-Compliance Notice. In the event such matters are not resolved through such discussions, Toothe matter shall be referred for resolution as contemplated by Section 4.04(b). If such matters are not resolved pursuant to Section 4.04(b), Inc. MSCI may elect elect, by notice delivered within 14 days following completion of the time period contemplated by Section 4.04(b), to terminate The Limited's Xxxxxx Xxxxxxx’x obligation to provide or procure, and its obligation to purchase, the Service or Services referred to in its Non-Compliance Notice in accordance with Section 5.026.02. In the event such matters are resolved through such discussions and Tooor, Inc. notwithstanding the failure to resolve such matters MSCI does not elect to terminate such Service or Services within 60 days of the end of the 30such 14-day period referred to in the third sentence of this Section 4.08period, Too, Inc. MSCI shall not be entitled to deliver another Non-Compliance Notice or pursue other remedies with respect to same or any substantially similar matter so long as The Limited as, in the event of a resolution, Xxxxxx Xxxxxxx complies in all material respects with the terms of such resolution. In no event shall any termination of this Agreement any Service or Services pursuant to this Section 4.08 4.06 limit or affect Too, Inc.'s MSCI’s right to seek remedies in accordance with Section 7.11 in respect of any breach by The Limited Xxxxxx Xxxxxxx of any of its obligations under this Agreement prior to such termination, subject to the limitations set forth in Article 5.

Notice of Certain Matters. If Too, Inc. either party hereto at any time believes that The Limited the other party hereto is not in full compliance with its obligations under Section 4.01 of this Agreement, Too, Inc. it shall so notify The Limited the other party in writing promptly (but not later than 30 days) after becoming aware of such possible non-compliance by The Limitedthe other party. Such notice (a "NONNon-COMPLIANCE NOTICECompliance Notice") shall set forth in reasonable detail the basis for Too, Inc.the notifying party's belief as well as Too, Inc.the notifying party's view as to the steps to be taken by The Limited the notified party to address the possible non-compliance. For the 30 days after receipt of such a notice, appropriate representatives of The Limited and Too, Inc. each party shall work in good faith to develop a plan to resolve the matters referred to in the Non-Compliance Notice. In the event such matters are not resolved through such discussions, Too, Inc. the notifying party may elect to terminate The Limitedthe notified party's obligation to provide or procure, and its obligation to purchase, the Service or Services referred to in its Non-Compliance Notice in accordance with Section 5.02. In the event such matters are resolved through such discussions and Too, Inc. the notifying party does not elect to terminate such Service or Services within 60 days of the end of the 30-day period referred to in the third sentence of this Section 4.084.05, Too, Inc. the notifying party shall not be entitled to deliver another Non-Compliance Notice or pursue other remedies with respect to same or any substantially similar matter so long as The Limited the notified party complies in all material respects with the terms of such resolution. In no event shall any termination of this Agreement pursuant to this Section 4.08 4.05 limit or affect Too, Inc.either party's right to seek remedies in accordance with Section 7.11 6.15 in respect of any breach by The Limited the other party of any of its obligations under this Agreement prior to such termination.

Notice of Certain Matters. If Too, Inc. Lane Xxxxxx at any time believes that The Limited is not in full compliance with its obligations under Section 4.01 of this Agreement, Too, Inc. Lane Xxxxxx shall so notify The Limited in writing promptly (but not later than 30 days) after becoming aware of such possible non-compliance by The Limited. Such notice (a "NONNon-COMPLIANCE NOTICECompliance Notice") shall set forth in reasonable detail the basis for Too, Inc.'s Xxxx Xxxxxx'x belief as well as Too, Inc.'s Xxxx Xxxxxx'x view as to the steps to be taken by The Limited to address the possible non-compliance. For the 30 days after receipt of such a notice, appropriate representatives of The Limited and Too, Inc. Lane Xxxxxx shall work in good faith to develop a plan to resolve the matters referred to in the Non-Compliance Notice. In the event If such matters are not resolved through such discussions, Too, Inc. Lane Xxxxxx may elect to terminate The Limited's obligation to provide or procure, and its obligation to purchase, the Service or Services referred to in its Non-Compliance Notice in accordance with Section 5.02. In the event such matters are resolved through such discussions and Too, Inc. Lane Xxxxxx does not elect to terminate such Service or Services within 60 days of the end of the 30-day period referred to in the third sentence of this Section 4.084.07, Too, Inc. Lane Xxxxxx shall not be entitled to deliver another Non-Compliance Notice or pursue other remedies with respect to same or any substantially similar matter so long as The Limited complies in all material respects with the terms of such resolution. In no event shall any termination of this Agreement pursuant to this Section 4.08 limit or affect Too, Inc.'s right to seek remedies in accordance with Section 7.11 in respect of any breach by The Limited of any of its obligations under this Agreement prior to such termination.

Notice of Certain Matters. If Too, Inc. Abercrombie & Fitch at any time believes that The Limited is not in full compliance with its obligations under Section 4.01 of this Agreement, Too, Inc. Abercrombie & Fitch shall so notify The Limited in writing promptly (but not later than 30 days) after becoming aware of such possible non-compliance by The Limited. Such notice (a "NONNon-COMPLIANCE NOTICECompliance Notice") shall set forth in reasonable detail the basis for Too, Inc.Abercrombie & Fitch's belief as well as Too, Inc.Abercrombie & Fitch's view as to the steps to be taken by The Limited to address the possible non-compliance. For the 30 days after receipt of such a notice, appropriate representatives of The Limited and Too, Inc. Abercrombie & Fitch shall work in good faith to develop a plan to resolve the matters referred to in the Non-Compliance Notice. In the event such matters are not resolved through such discussions, Too, Inc. Abercrombie & Fitch may elect to terminate The Limited's obligation to provide or procure, and its obligation to purchase, the Service or Services referred to in its Non-Compliance Notice in accordance with Section 5.02. In the event such matters are resolved through such discussions and Too, Inc. Abercrombie & Fitch does not elect to terminate such Service or Services within 60 days of the end of the 30-day period referred to in the third sentence of this Section 4.084.07, Too, Inc. Abercrombie & Fitch shall not be entitled to deliver another Non-Compliance NonCompliance Notice or pursue other remedies with respect to same or any substantially similar matter so long as The Limited complies in all material respects with the terms of such resolution. In no event shall any termination of this Agreement pursuant to this Section 4.08 4.07 limit or affect Too, Inc.Abercrombie & Fitch's right to seek remedies in accordance with Section 7.11 7.10 in respect of any breach by The Limited of any of its obligations under this Agreement prior to such termination.

Notice of Certain Matters. If Too, Inc. Recipient at any time believes that The Limited Provider is not in full compliance with its obligations under Section 4.01 of this AgreementSections 4.01(a), Too4.01(b) or 4.01(c), Inc. Recipient shall so notify The Limited Provider in writing promptly (but not later than 30 15 days) after becoming aware of such possible non-compliance by The LimitedProvider. Such notice (a "NON“Non-COMPLIANCE NOTICE"Compliance Notice”) shall set forth in reasonable detail the basis for Too, Inc.'s Recipient’s belief as well as Too, Inc.'s Recipient’s view as to the steps to be taken by The Limited Provider to address the possible non-compliance. For the 30 days after receipt of such a notice, appropriate the members of the Operating Committee (or, if so determined by them, other representatives of The Limited Provider and Too, Inc. Recipient) shall work in good faith to develop a plan to resolve the matters referred to in the Non-Compliance Notice. In the event such matters are not resolved through such discussions, Toothe matter shall be referred for resolution as contemplated by Section 4.04(b). If such matters are not resolved pursuant to Section 4.04(b) Recipient may elect, Inc. may elect by notice delivered within 14 days following completion of the time period contemplated by Section 4.04(b), to terminate The Limited's Provider’s obligation to provide or procure, and its obligation to purchase, the Service or Services referred to in its Non-Compliance Notice in accordance with Section 5.026.02. In the event such matters are resolved through such discussions and Tooor, Inc. notwithstanding the failure to resolve such matters Recipient does not elect to terminate such Service or Services within 60 days of the end of the 30such 14-day period referred to in the third sentence of this Section 4.08period, Too, Inc. Recipient shall not be entitled to deliver another Non-Compliance Notice or pursue other remedies with respect to same or any substantially similar matter so long as The Limited as, in the event of a resolution, Provider complies in all material respects with the terms of such resolution. In no event shall any termination of this Agreement any Service or Services pursuant to this Section 4.08 5.08 limit or affect Too, Inc.'s Recipient’s right to seek remedies in accordance with Section 7.11 in respect of any breach by The Limited Provider of any of its obligations under this Agreement prior to such termination, subject to the limitations set forth in this Article 5.

Notice of Certain Matters. If Too, Inc. either party hereto at any time believes that The Limited the other party hereto is not in full compliance with its obligations under Section 4.01 of this Agreement, Too, Inc. it shall so notify The Limited the other party in writing promptly (but not later than 30 days) after becoming aware of such possible non-compliance by The Limitedthe other party. Such notice (a "NONNon-COMPLIANCE NOTICECompliance Notice") shall set forth in reasonable detail the basis for Too, Inc.the notifying party's belief as well as Too, Inc.the notifying party's view as to the steps to be taken by The Limited the notified party to address the possible non-compliance. For the 30 days after receipt of such a notice, appropriate representatives of The Limited and Too, Inc. each party shall work in good faith to develop a plan to resolve the matters referred to in the Non-Compliance Notice. In the event such matters are not resolved through such discussions, Too, Inc. the notifying party may elect to terminate The Limitedthe notified party's obligation to provide or procure, and its obligation to purchase, the Service or Services referred to in its Non-Compliance Notice in accordance with Section 5.02. In the event such matters are resolved through such discussions and Too, Inc. the notifying party does not elect to terminate such Service or Services within 60 days of the end of the 30-day period referred to in the third sentence of this Section 4.084.05, Too, Inc. the notifying party shall not be entitled to deliver another Non-Compliance Notice or pursue other remedies with respect to same or any substantially similar matter so long as The Limited the notified party complies in all material respects with the terms of such resolution. In no event shall any termination of this Agreement pursuant to this Section 4.08 4.05 limit or affect Too, Inc.either party's right to seek remedies in accordance with Section 7.11 6.15 in respect of any breach by The Limited the other party of any of its obligations under this Agreement prior to such termination.. ARTICLE 5