Unsold Inventory. In the event this Agreement is terminated for any reason, the Licensees and their Sublicensees shall have the right to sell or otherwise dispose of their stock of any Licensed Products, subject to the obligation of the Licensees to pay Licensor the payments as provided in Section IV of this Agreement. The Licensees shall immediately discontinue any additional production of the Licensed Products.
Unsold Inventory. All unsold inventory of Standard Ad Units may be Bartered by Compaq, subject to the fees set forth in Article IV.
Unsold Inventory. The use of unsold inventory by (a) Licensee or its controlled Affiliates or by Grupo Televisa, pursuant to and in accordance with Section 11; or (b) Venevision, in each case, shall not be considered advertising revenue for the purposes of, or be included in calculating, the Royalty Base (it being understood that such unsold inventory shall be valued at $0 for purposes of calculating the Royalty Base). Notwithstanding the immediately preceding sentence, (A) audiovisual commercial advertising co-branded by Licensee or its controlled Affiliates and a third party with respect to which more than twenty percent (20%) of the duration of such commercial advertising content directly promotes the third party or third party brands shall not be considered unsold inventory for purposes of the immediately preceding sentence and shall be included in the Royalty Base; and (B) for banners or other advertising co-branded by Licensee or its controlled Affiliates and a third party, only revenues from those banners or other advertising that predominantly promote the third party or third party brands will be considered advertising revenue (and any other banners or other advertising shall be considered unsold advertising for purposes of the immediately preceding sentence), the amount of which advertising revenue will be determined on an arm’s-length basis for the purposes of, and included in calculating, the Royalty Base.
Unsold Inventory. All unsold Advertising inventory may be Bartered by ---------------- AltaVista, subject to the fees set forth in Article IV.
Unsold Inventory. Use of unsold advertising and sponsorship inventory ("Remnant Inventory") in each Co-Branded Service shall be subject to the following conditions:
i) SportsLine Co-Branded Service. Company and SPLN shall share Remnant Inventory on a [RTC] basis. SPLN shall have the right to sell run-of-site advertising and to serve advertising promoting SPLN and its affiliates within its share of Remnant Inventory. Company shall have the right to sell its share of Remnant Inventory in collaboration with similar selling by SPLN with respect to SPLN-controlled (or SPLN affiliate controlled) properties. Company will use commercially reasonable efforts to sell the Remnant Inventory within the SportsLine Co-Branded Service at the prevailing market rates. Company's allocation of available Remnant Inventory for sale shall be based on the rolling historical average of Remnant Inventory in the preceding calendar quarter subject to any diminishment of available Remnant Inventory resulting from sales during the current calendar quarter. No Remnant Inventory may be sold, bartered to or otherwise used for the benefit of any Advertising Competitor, and shall be subject to SPLN or, as applicable, SPLN affiliate advertising guidelines. In addition, SPLN shall have the right to remove any advertisement that SPLN or its applicable affiliate and/or CBS reasonably finds objectionable. Notwithstanding the foregoing, no advertising or other promotion within the SportsLine Co-Branded Service may promote gambling, pornography, alcohol, any Advertising Competitors or any CBS competitors or other objectionable advertising without SPLN's prior written approval.
Unsold Inventory. If the Licensee has any manufactured but unsold Articles bearing the Trademarks in inventory on the date of termination, it shall provide a statement in writing of the kinds and quantities of such unsold Articles to the Licensor within five (5) days from the date of termination. Within fifteen (15) days from the date of receipt of the said statement, the Licensor shall have the exclusive option to acquire from the Licensee the inventory of said unsold Articles, in part or in whole, at the Licensee's manufacturing cost. If the Licensor chooses not to exercise this option, the Licensee shall have the right to sell and deliver such Articles.
Unsold Inventory. In the event this Agreement is terminated for any reason, Encore, its Affiliates and Sublicensees shall have the right to sell or otherwise dispose of the stock of any Licensed Products, subject to the obligation of Encore to pay LLUMC the royalty payments as provided in Article IV of this Agreement, and the provisions of Section 11.4.
Unsold Inventory. The Company shall indemnify the Product Handler in an amount equal to the value of any unsold inventory existing at the end of the prior fiscal year (“Indemnification Payment”). In the event of an Indemnification Payment, to the extent that inventory subject to an Indemnification Payment is subsequently sold by Product Handler, then Product Handler shall rebate to the Company the corresponding value of that product.
Unsold Inventory. Upon termination or expiration of this Agreement, at BioMarin’s election, (a) Hi-Tech may, for a period of [****] sell all unsold Product inventory or (b) return to BioMarin all Product then in Hi-Tech’s possession or control. In the event that BioMarin authorizes Hi-Tech to sell out unsold product, all such activities shall be subject to the terms and conditions of this Agreement, including the payments to BioMarin required by Section 9.1. In the event that BioMarin requests a return of unsold Product, BioMarin shall reimburse Hi-Tech for the price paid for such Product pursuant to Section 7.2, as well as additional costs incurred with regard to the labeling, storage and distribution of the Product, unless this Agreement is terminated by BioMarin pursuant to Sections 13.2 (b) or (e), in which case the product shall be returned for no additional consideration.
Unsold Inventory. To ensure that there are no gaps in the utilization of Unsold Inventory, the Concessionaire shall use all Unsold Inventory either to display (i) Agency Messages as specified by the MTA for use with Unsold Inventory (“Default Agency Messaging”) or (ii) Added Content, once agreement is reached as to Added Content in accordance with Section 6.5 (Process for Added Content). The Concessionaire shall not use Unsold Inventory to display Expired Advertising Content, except as permitted by Section 3.5.3.2 (Removal of Expired Advertising Content), and shall commence displaying such Default Agency Messaging (or Added Content, where applicable) promptly, and in no event, later than the Expired Advertisement Removal Deadline.
