Common use of Special Make-Ups Clause in Contracts

Special Make-Ups. No later than ten days after ordering Special ----------------- Make-Ups or Private Labels, Retailer shall advise GSI and furnish GSI with a sample of the Special Make-Ups or Private Labels and advise GSI of the net cost, color selection and size range. GSI shall have the right to purchase up to [*] per cent of the Special Make-Up or Private Label, proportionately as to size and color, as ordered by the Retailer. GSI shall have five business days to advise Retailer whether it desires to order any of the Special Make-Ups or Private Labels and, if so, the quantity thereof. Special Make-Ups and Private Labels shall be exclusive to Retailer's Web Site and shall not be made available for sale on the web site of any other retailer for whom GSI operates a web site. Retailer shall supply GSI with a sample of the Special Make-Ups and Private Labels ordered by GSI for sale on the Retailer's Web Site within ten days of obtaining such sample. Notwithstanding anything contained herein to the contrary, GSI recognizes that there may be instances where there will be an insufficient amount of a particular item of Special Make-Ups or Private Labels to warrant selling such merchandise on line. In such instances the Retailer shall not be required to offer such Special Make-Ups or Private Labels for sale on line; provided however, the Retailer acknowledges that with respect to Special Make-Ups or Private Labels ordered by Retailer for chainwide distribution, GSI does not anticipate that this will occur on a regular basis and this should be the exception rather than the usual occurrence. Further, GSI acknowledges that the Retailer may not be able to offer for sale on line certain Special Make-Ups or Private Labels which are not available in all of the Retailer's stores.

Appears in 3 contracts

Samples: Confidential Treatment (Global Sports Inc), Confidential Treatment (Global Sports Inc), Global Sports Inc

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Special Make-Ups. No later than ten days after ordering Special ----------------- Make-Ups or Private LabelsUps, Retailer shall advise GSI and furnish GSI with a sample of the Special Make-Ups or Private Labels and advise GSI of the net cost, color selection and size range. GSI shall have the right to purchase up to [*] per cent of the Special Make-Up or Private LabelUp, proportionately as to size and color, as ordered by the Retailer. GSI shall have five business days to advise Retailer whether it desires to order any of the Special Make-Ups or Private Labels and, if so, the quantity thereof. Special Make-Ups and Private Labels shall be exclusive to Retailer's Web Site and shall not be made available for sale on the web site of any other retailer for whom GSI operates a web site. Retailer shall supply GSI with a sample of the Special Make-Ups and Private Labels ordered by GSI for sale on the Retailer's Web Site within ten days of obtaining such sample. Notwithstanding anything contained herein to the contrary, GSI recognizes that there may be instances where there will be an insufficient amount of a particular item of Special Make-Ups or Private Labels to warrant selling such merchandise on line. In such instances the Retailer shall not be required to offer such Special Make-Ups or Private Labels for sale on line; provided however, the Retailer acknowledges that with respect to Special Make-Ups or Private Labels ordered by Retailer for chainwide distribution, GSI does not anticipate that this will occur on a regular basis and this should be the exception rather than the usual occurrence. Further, GSI acknowledges that the Retailer may not be able to offer for sale on line certain Special Make-Ups or Private Labels which are not available in all of the Retailer's stores.

Appears in 2 contracts

Samples: Global Sports Inc, Global Sports Inc

Special Make-Ups. No later than ten five business days after ordering ----------------- Special ----------------- Make-Ups or Private LabelsUps, Retailer shall advise GSI and furnish GSI with a sample of the Special Make-Ups or Private Labels and advise GSI of the net cost, color selection and size rangerange of such Special Make-Ups. GSI shall have the right to purchase up to [*] per cent of the Special Make-Up or Private LabelUp, proportionately as to size and color, as ordered by the Retailer. GSI shall have five business days to advise Retailer whether it desires to order any of the Special Make-Ups or Private Labels and, if so, the quantity thereof. Special Make-Ups and Private Labels shall be exclusive to Retailer's Web Site and shall not be made available for sale on the web site of any other retailer for whom GSI operates a web site. Retailer shall supply GSI with a sample of the Special Make-Ups and Private Labels ordered by GSI for sale on the Retailer's Web Site within ten days of obtaining such sample. Notwithstanding anything contained herein to the contrary, GSI recognizes that there may be instances where there will be an insufficient amount of a particular item of Special Make-Ups or Private Labels to warrant selling such merchandise on line. In such instances the Retailer shall not be required to offer such Special Make-Ups or Private Labels for sale to GSI to sell on line; provided however, the Retailer acknowledges that with respect to Special Make-Ups or Private Labels ordered by Retailer for chainwide distribution, GSI does not anticipate that this will occur on a regular basis and this should be the exception rather than the usual occurrence. Further, GSI acknowledges that the Retailer may not be able to offer for sale on line GSI certain Special Make-Ups or Private Labels which are not available in all of the Retailer's stores.

Appears in 2 contracts

Samples: Confidential Treatment (Global Sports Inc), Confidential Treatment (Global Sports Inc)

Special Make-Ups. No later than ten five business days after ordering ---------------- Special ----------------- Make-Ups or Private LabelsUps, Retailer shall advise GSI and furnish GSI with a sample of the Special Make-Ups or Private Labels and advise GSI of the net cost, color selection and size rangerange of such Special Make-Ups. GSI shall have the right to purchase up to [*] per cent of the Special Make-Up or Private LabelUp, proportionately as to size and color, as ordered by the Retailer. GSI shall have five business days to advise Retailer whether it desires to order any of the Special Make-Ups or Private Labels and, if so, the quantity thereof. Special Make-Ups and Private Labels shall be exclusive to Retailer's Web Site and shall not be made available for sale on the web site of any other retailer for whom GSI operates a web site. Retailer shall supply GSI with a sample of the Special Make-Ups and Private Labels ordered by GSI for sale on the Retailer's Web Site within ten days of obtaining such sample. Notwithstanding anything contained herein to the contrary, GSI recognizes that there may be instances where there will be an insufficient amount of a particular item of Special Make-Ups or Private Labels to warrant selling such merchandise on line. In such instances the Retailer shall not be required to offer such Special Make-Ups or Private Labels for sale to GSI to sell on line; provided however, the Retailer acknowledges that with respect to Special Make-Ups or Private Labels ordered by Retailer for chainwide distribution, GSI does not anticipate that this will occur on a regular basis and this should be the exception rather than the usual occurrence. Further, GSI acknowledges that the Retailer may not be able to offer for sale on line GSI certain Special Make-Ups or Private Labels which are not available in all of the Retailer's stores.

Appears in 1 contract

Samples: Confidentiality Agreement (Global Sports Inc)

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Special Make-Ups. No later than ten days after ordering Special ----------------- ---------------- Make-Ups or Private LabelsUps, Retailer shall advise GSI and furnish GSI with a sample of the Special Make-Ups or Private Labels and advise GSI of the net cost, color selection and size range. GSI shall have the right to purchase up to [*] per cent of the Special Make-Up or Private LabelUp, proportionately as to size and color, as ordered by the Retailer. GSI shall have five business days to advise Retailer whether it desires to order any of the Special Make-Ups or Private Labels and, if so, the quantity thereof. Special Make-Ups and Private Labels shall be exclusive to Retailer's Web Site and shall not be made available for sale on the web site of any other retailer for whom GSI operates a web site. Retailer shall supply GSI with a sample of the Special Make-Ups and Private Labels ordered by GSI for sale on the Retailer's Web Site within ten days of obtaining such sample. Notwithstanding anything contained herein to the contrary, GSI recognizes that there may be instances where there will be an insufficient amount of a particular item of Special Make-Ups or Private Labels to warrant selling such merchandise on line. In such instances the Retailer shall not be required to offer such Special Make-Ups or Private Labels for sale on line; provided however, the Retailer acknowledges that with respect to Special Make-Ups or Private Labels ordered by Retailer for chainwide distribution, GSI does not anticipate that this will occur on a regular basis and this should be the exception rather than the usual occurrence. Further, GSI acknowledges that the Retailer may not be able to offer for sale on line certain Special Make-Ups or Private Labels which are not available in all of the Retailer's stores.

Appears in 1 contract

Samples: Global Sports Inc

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