Rights on Expiration or Termination. A. If this Agreement expires or is terminated, Licensee shall cease to manufacture Articles (except for work in process or to balance component inventory) but shall be entitled, for an additional period of twelve (12) months only, on a non-exclusive basis, to sell and dispose of its inventory subject, however, to the provisions of paragraph D of this Article. Such sales shall be made subject to all of the provisions of this agreement and to an accounting for and the payment of Sales Royalty thereon but not to the payment of Guaranteed Minimum Royalties. Such accounting and payment shall be made monthly.
Rights on Expiration or Termination. A. If this Agreement expires or is terminated for any reason, Licensee shall cease to use any part of the Business Concept, Intellectual Property or "Licensed Mark".
Rights on Expiration or Termination. A. If this Agreement expires or is terminated for any reason, Licensee shall cease to manufacture Licensed Products (except for work in process or to balance component inventory) but shall be entitled, for an additional period of six (6) months only, on a non-exclusive basis, to sell and dispose of its inventory subject, however, to the provisions of paragraph D of this Article. Such sales shall be made subject to all of the provisions of this Agreement and * Confidential terms omitted and provided separately to the Securities and Exchange Commission.
Rights on Expiration or Termination. 16.1 In the event of termination in accordance with Section 15 above, Licensee shall pay to Licensor, (a) in addition to any Sales Royalty then owed to it pursuant to Section 9 above or otherwise and all Guaranteed Minimum Royalty due and payable and unpaid as of the date of termination, and (b) in addition to the Total Guaranteed minimum Royalty remaining unpaid for the balance of the term of this Agreement, and amount equal to any other actual damages Licensor may have suffered on account of such termination or the acts or omissions from which it resulted.
Rights on Expiration or Termination. (a) INJUNCTIVE RELIEF WITH RESPECT TO LICENSED PROPERTY. ABMC hereby acknowledges the irreparable harm that JRSE will incur from any unauthorized use of the Technology and the Proprietary Marks. Notwithstanding any termination or expiration of this Agreement, JRSE shall have and hereby reserves all rights and remedies which it has, or which are granted to it by operation of law or equity, to prohibit the unlawful or unauthorized use of the Technology and the Proprietary Marks, including but not limited to, seeking a temporary restraining order, preliminary and/or permanent injunction. The provisions of Section 21 hereof requiring a cooling off period and compulsory arbitration shall not apply to this section.
Rights on Expiration or Termination a. In the event of termination in accordance with Paragraph 13 hereof, (except for a default arising from a breach of paragraph 13(a)(viii)) Licensee shall pay to Licensor, (i) the Earned Royalty and the Guaranteed Royalty then owed to it and (ii) the lesser of (x) the Guaranteed Royalty remaining unpaid for the balance of the then current term of this Agreement (y) the Guaranteed Royalty for the two (2) year period following the date of termination and (z) the Guaranteed Royalty for the period of time following commencing of the date of termination and ending on the date on which Licensor receives the first payment from a subsequent licensee with respect to the sale of the Articles. In addition, Licensee shall be liable for an amount equal to any other actual damages Licensor may have suffered on account of such termination or the acts or omissions from which it resulted. In the event that this Agreement is terminated by Licensor pursuant to paragraph 13(a)(viii), Licensee shall not be required to make any payments to Licensor contemplated by this paragraph 14(a).
Rights on Expiration or Termination. A. If this Agreement expires or is terminated for any reason, Licensee shall cease to manufacture Articles (except for work in process or to balance component inventory) but shall be entitled, for an additional period of six (6) months only, on a non-exclusive basis, to sell and dispose of its inventory subject, however, to the provisions of paragraph D of this Article; provided that Licensee shall have no such rights unless (i) Licensee is not in default of any of its obligations hereunder on the date of termination, (ii) within thirty (30) days after the date of termination, Licensee shall furnish to Licensor a written statement of the number and description of all such products actually in stock on the date of termination, and (iii) the quantity of all such products in stock on the date of termination is not in excess of a reasonable inventory based upon Licensee's sales of all such products during the term of the Agreement. Such sales shall be made subject to all of the provisions of this Agreement and to an accounting for and the payment of Sales Royalty thereon but not to the payment of Guaranteed Minimum Royalties or the crediting of the Sales Royalty against any Guaranteed Minimum Royalty or any other amounts. Such accounting and payment shall be made monthly.
Rights on Expiration or Termination. A. If this Agreement expires or is terminated for any reason, Licensee shall cease to manufacture Licensed Products (except for work in process or to balance component inventory) but shall be entitled, for an additional period of six (6) months only, on a non-exclusive basis, to sell and dispose of its inventory subject, however, to the provisions of paragraph D of this Article. Such sales shall be made subject to all of the provisions of this Agreement and to an accounting for and the payment of Sales Royalty thereon but not to the payment of Guaranteed Minimum Royalties. Such accounting and payment shall be made monthly. If Licensor has entered into a license agreement with a new distributor to replace Licensee, then Licensor shall be permitted to purchase Licensee’s remaining inventory at Licensee’s cost plus ten (10%) percent to cover carrying and handling charges for purposes of distribution by the new licensee. Upon termination of this Agreement, Licensee shall take commercially reasonable efforts to allocate appropriate stock of Licensed Product in order not to have excess stock at the end of the Term. In the event excess stock of Licensed Product is not sold at the end of the Term, Licensee shall have the non-exclusive right for six (6) months (the “Sell-Off Period”) from the end of the Term to sell through the Licensed Product pursuant to this Agreement. Licensee agrees to refrain from “dumping” any articles of Licensed Products in the market during the Sell-Off Period. “
Rights on Expiration or Termination. (a) Vendor shall, within [----------]32 from the last day of the month of termination or expiration of this License Agreement, deliver to Company a schedule of Vendor’s inventory of Licensed Products, including work-in-progress at hand and a good-faith estimate of a commercially reasonable run-out of components to complete finished goods within a commercially reasonable time thereafter (“Finished Goods”) in the possession of, or in transit to, Vendor and its Affiliates and shall also use reasonable commercial efforts to obtain a schedule of inventory of Licensed Products from its Approved Distributors or Contractors (collectively the “Final Inventory”).
Rights on Expiration or Termination. 15.1 Notwithstanding any expiration or termination in accordance with Sections 2 or 12 above, each of St. Xxxx and SJ Japan shall have and hereby reserves all rights and remedies which it has, or which are granted to it by operation of law or in equity, to enjoin the unlawful or unauthorized use of the Licensed Trademarks (any of which injunctive relief may be sought in the courts, and also may be sought, prior to or in lieu of termination) and to be compensated for damages for breach of this Agreement. In addition, nothing herein shall be deemed to prevent a party from bringing an action for damages either prior to or in lieu of termination if a default in performance by the other party occurs and is not cured timely in accordance with the provisions of Section 12 above. The parties acknowledge that Licensee's unauthorized use of the Licensed Trademarks will give rise to irreparable injury to both St. Xxxx and SJ Japan, inadequately compensable in damages. Accordingly, in addition to any other remedies which may be available to St. Xxxx or SJ Japan at law or in equity, each shall be entitled to preliminary and permanent injunctive relief against such breach or threatened breach without the necessity of proving actual damages or that monetary damages would be inadequate.
