Trademark/Compliance with Laws. It has the contractual right and authority to use the Trademark for the Products as provided in this Agreement and to grant to Kmart all rights which are set forth in this Agreement including but not limited to the "Right" described in Section 2.1 herein, including but not limited to, the right to import all Products into the United States for the full duration of this Agreement; and Salton shall provide U.S. Customs with sufficient proof and documentation to enable Kmart to do so. (Notwithstanding the foregoing, Salton shall have up to ten (10) business days to correct any such U.S. Customs Problems which do not affect Kmart's ability to use the Trademark in connection with the sale of any of the Products pursuant to this Agreement.) In addition, no other Discount Department Store shall have the right to use the Trademark in connection with the sale of any of the Products or sell Products bearing the Trademark or have any of Kmart's rights hereunder during the Term of this Agreement and any renewal and/or extension hereof. Furthermore, this Agreement as well as Salton's performance hereunder shall be in compliance with all applicable laws, rules and regulations other than immaterial violations. Any claim which Kmart reasonably believes impairs or would impair Kmart's ability to receive any of the benefits of this Agreement, or any failure under this Agreement and/or under the NewTech Agreement with respect to this (or the Salton Agreement's) Section 3.1.4 and/or Section 2.1, whether such failure relates to any or all Products, shall entitle Kmart, in addition to all other rights and remedies, without resort to the notice and cure requirements under Section 10.3 herein, to immediately terminate this Agreement and owe nothing to Salton
Appears in 4 contracts
Samples: Purchase, Distribution and Marketing Agreement (Windmere Durable Holdings Inc), Purchase, Distribution and Marketing Agreement (Windmere Durable Holdings Inc), Purchase, Distribution and Marketing Agreement (Windmere Durable Holdings Inc)
Trademark/Compliance with Laws. It has the contractual right and authority to use the Trademark for all of the Products as provided in this Agreement and to grant to Kmart all rights which are set forth in this Agreement including but not limited to the "Right" described in Section 2.1 herein, and also, including but not limited to, the right to import all Products into the United States for the full duration of this Agreement; and Salton NewTech shall provide U.S. Customs with sufficient proof and documentation to enable Kmart to do so. (Notwithstanding the foregoing, Salton NewTech shall have up to ten (10) business days to correct any such U.S. Customs Problems which do not affect Kmart's ability to use the Trademark in connection with the sale of any of the Products pursuant to this Agreement.) In addition, no other Discount Department Store shall have the right to use the Trademark in connection with the sale of any of the Products or sell Products bearing the Trademark or have any of Kmart's rights hereunder during the Term of this Agreement and any renewal and/or extension hereof. Furthermore, this Agreement as well as SaltonNewTech's performance hereunder shall be in compliance with all applicable laws, rules and regulations other than immaterial violations. Any claim which Kmart reasonably believes impairs or would impair Kmart's ability to receive any of the benefits of this Agreement, or any failure under this Agreement and/or under the NewTech Salton Agreement with respect to this (or the Salton Agreement's) Section 3.1.4 and/or Section 2.1, whether such failure relates to any or all Products, shall entitle Kmart, in addition to all other rights and remedies, without resort to the notice and cure requirements under Section 10.3 herein, to immediately terminate this Agreement and owe nothing to SaltonNewTech except for payment for Products accepted and sold by Kmart through the date of termination.
Appears in 3 contracts
Samples: Purchase, Distribution and Marketing Agreement (Windmere Durable Holdings Inc), Purchase, Distribution and Marketing Agreement (Windmere Durable Holdings Inc), Purchase, Distribution and Marketing Agreement (Windmere Durable Holdings Inc)
Trademark/Compliance with Laws. It has the contractual right and authority to use the Trademark for all of the Products as provided in this Agreement and to grant to Kmart all rights which are set forth in this Agreement including but not limited to the "RightRIGHT" described in Section 2.1 herein, and also, including but not limited to, the right to import all Products into the United States for the full duration of this Agreement; and Salton NewTech shall provide U.S. Customs with sufficient proof and documentation to enable Kmart to do so. (Notwithstanding the foregoing, Salton NewTech shall have up to ten (10) business days to correct any such U.S. Customs Problems which do not affect Kmart's ability to use the Trademark in connection with the sale of any of the Products pursuant to this Agreement.) In addition, no other Discount Department Store shall have the right to use the Trademark in connection with the sale of any of the Products or sell Products bearing the Trademark or have any of Kmart's rights hereunder during the Term of this Agreement and any renewal and/or extension hereof. Furthermore, this Agreement as well as SaltonNewTech's performance hereunder shall be in compliance with all applicable laws, rules and regulations other than immaterial violations. Any claim which Kmart reasonably believes impairs or would impair Kmart's ability to receive any of the benefits of this Agreement, or any failure under this Agreement and/or under the NewTech Salton Agreement with respect to this (or the Salton Agreement's) Section 3.1.4 and/or Section 2.1, whether such failure relates to any or Of all Products, shall entitle Kmart, in addition to all other rights and remedies, without resort to the notice and cure requirements under Section 10.3 herein, to immediately terminate this Agreement and owe nothing to SaltonNewTech except for payment for Products accepted and sold by Kmart through the date of termination.
Appears in 1 contract
Samples: Distribution and Marketing Agreement (Newtech Corp)
Trademark/Compliance with Laws. It has the contractual right and authority to use the Trademark for all of the Products as provided in this Agreement and to grant to Kmart all rights which are set forth in this Agreement including but not limited to the "Right" described in Section 2.1 herein, and also, including but not limited to, the right to import all Products into the United States for the full duration of this Agreement; and Salton NewTech shall provide U.S. Customs with sufficient proof and documentation to enable Kmart to do so. (Notwithstanding the foregoing, Salton NewTech shall have up to ten (10) business days to correct any such U.S. Customs Problems which do not affect Kmart's ability to use the Trademark in connection with the sale of any of the Products pursuant to this Agreement.) In addition, no other Discount Department Store shall have the right to use the Trademark in connection with the sale of any of the Products or sell Products bearing the Trademark or have any of Kmart's rights hereunder during the Term of this Agreement and any renewal and/or extension hereof. Furthermore, this Agreement as well as SaltonNewTech's performance hereunder shall be in compliance with all applicable laws, rules and regulations other than immaterial violations. Any claim which Kmart reasonably believes impairs or would impair Kmart's ability to receive any of the benefits of this Agreement, or any failure under this Agreement and/or under the NewTech Salton Agreement with respect to this (or the Salton Agreement's) Section 3.1.4 and/or Section 2.1, whether such failure relates to any or all Products, shall entitle Kmart, in addition to all other rights and remedies, without resort to the notice and cure requirements under Section 10.3 herein, to immediately terminate this Agreement and owe nothing to Saltonnothing
Appears in 1 contract
Samples: Purchase, Distribution and Marketing Agreement (Windmere Durable Holdings Inc)
Trademark/Compliance with Laws. It has the contractual right and authority to use the Trademark for the Products as provided in this Agreement and to grant to Kmart all rights which are set forth in this Agreement including but not limited to the "Right" described in Section 2.1 herein, including but not limited to, the right to import all Products into the United States for the full duration of this Agreement; and Salton shall provide U.S. Customs with sufficient proof and documentation to enable Kmart to do so. (Notwithstanding the foregoing, Salton shall have up to ten (10) business days to correct any such U.S. Customs Problems which do not affect Kmart's ability to use the Trademark in connection with the sale of any of the Products pursuant to this Agreement.) In addition, no other Discount Department Store shall have the right to use the Trademark in connection with the sale of any of the Products or sell Products bearing the Trademark or have any of Kmart's rights hereunder during the Term of this Agreement and any renewal and/or extension hereof. Furthermore, this Agreement as well as Salton's performance hereunder shall be in compliance with all applicable laws, rules and regulations other than immaterial violations. Any claim which Kmart reasonably believes impairs or would impair Kmart's ability to receive any of the benefits of this Agreement, or any failure under this Agreement and/or under the NewTech Agreement with respect to this (or the Salton Agreement's) Section 3.1.4 and/or Section 2.1, whether such failure relates to any or all Products, shall entitle Kmart, in addition to all other rights and remedies, without resort to the notice and cure requirements under Section 10.3 herein, to immediately terminate this Agreement and owe nothing to Saltonfailure
Appears in 1 contract
Samples: Purchase, Distribution and Marketing Agreement (Windmere Durable Holdings Inc)