Special Make-Ups; Own Brand Merchandise Sample Clauses

Special Make-Ups; Own Brand Merchandise. Retailer shall use its best --------------------------------------- efforts to advise XXX.xxx within ten (10) Business Days after placing a purchase order with a vendor for any Special Make-Ups or Own Brand Merchandise, identifying the vendor and the item (by category, class, UPC and/or Retailer's sku number), and setting forth Retailer's net cost, Retailer's proposed original retail price and expected date of receipt at Retailer's Warehouse. Further, Retailer shall advise XXX.xxx and, if possible, furnish XXX.xxx with a sample of the Special Make-Ups or Own Brand Merchandise and advise XXX.xxx of the color selection and size range. XXX.xxx shall have the right to purchase up to five per cent of the Special Make-Up or Own Brand Merchandise, proportionately as to size and color, as ordered by Retailer. XXX.xxx shall have five (5) business days after receipt of notice from Retailer to place its order for Special Make- Ups or Own Brand Merchandise and, if so, the quantity thereof. Notwithstanding anything contained herein to the contrary, XXX.xxx recognizes that there may be instances where there shall be an insufficient amount of a particular item of Special Make-Ups or Own Brand Merchandise to warrant selling such merchandise on-line. In such instances Retailer shall not be required to offer such Special Make-Ups or Own Brand Merchandise to XXX.xxx. Further, XXX.xxx acknowledges that Retailer may not be able to offer to XXX.xxx certain Special Make-Ups or Own Brand Merchandise which is not available in all of Retailer's TSA Stores.
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