Warehousing and Storage. 6.1 Licensor shall provide Licensee with freshness, shelf life and storage guidelines as well as other information useful in monitoring and maintaining the quality of the Products.
6.2 Licensee shall:
(a) maintain, or cause others to maintain at all times, in warehouses that are suitable for such purposes, an inventory of Products which it reasonably believes to be sufficient to meet anticipated demand;
(b) adhere to all reasonable conditions that may be prescribed by Licensor, in relation to storage of Products to ensure that at all times the quality of such products is maintained, including:
(i) ensuring that Products that exceed the expiration date are not sold;
(ii) ensuring that all Products that it produces or has produced are coded with an appropriate expiration date, such date to be based on the conclusion of an appropriate period between production and expiration of the Licensed Products, such period to be agreed upon between Licensor and Licensee promptly after the date of execution of this License Agreement; and
(iii) destroying or causing to be destroyed at its own cost and expense any stock of Products in its possession, or the possession of wholesalers or retailers, that has passed the expiration date (other than due to a breach of Section 3.1(b)) or that has been damaged or become unmarketable; unless such Product has become damaged or unmarketable or passed the expiration date due to (i) the quality problems in connection with the production of the Product by Licensor or (ii) the failure of merchandising such Product if merchandising is not the responsibility of Licensee.
Warehousing and Storage. Gulf Winds will provide to Customer such warehouse and storage services as may reasonably be requested by or with the authority of Customer from time to time with respect to certain property, supplies, wares, merchandise and goods (the “Goods”). Gulf Winds shall provide the facilities, equipment, and trained personnel required to fulfill its obligations under this Agreement, exercise reasonable care, receive, carry, process and store the Goods tendered to it by Customer and promptly ship Goods to and from destinations designated by Customer.
Warehousing and Storage. (a) The Selling Party shall, or shall cause an Affiliate of the Selling Party or a Distribution Subcontractor to, maintain temperature, humidity (if applicable) and other environmental controls in compliance with storage requirements listed on the labeling of Territory Combination Product and the Material Safety Data Sheet for the Combination Product. The Selling Party shall, or shall cause an Affiliate of the Selling Party or a Distribution Subcontractor to, ensure that Territory Combination Product is received, stored, segregated, and distributed in compliance with Applicable Law and quality, storage and distribution requirements referred to in the Material Safety Data Sheet.
(b) The Selling Party shall, or shall cause an Affiliate of the Selling Party or a Distribution Subcontractor to, maintain premises and control systems that provide a commercially reasonable level of security against the theft or alteration of Territory Combination Product. The Selling Party shall, or shall cause an Affiliate of the Selling Party or a Distribution Subcontractor to, maintain, or cause to be maintained, a clean environment, pest control program, and any other deterrent measure normally utilized by the Selling Party to provide a commercially reasonable level of contamination prevention for Territory Combination Product. [ * ] = CERTAIN CONFIDENTIAL INFORMATION CONTAINED IN THIS DOCUMENT, MARKED BY BRACKETS, HAS BEEN OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO RULE 24B-2 OF THE SECURITIES EXCHANGE ACT OF 1934, AS AMENDED. CONFIDENTIAL TREATMENT REQUESTED UNDER 17 C.F.R. §§ 200.80 (b)(4) AND 230.406
(c) The Selling Party shall, or shall cause an Affiliate of the Selling Party or a Distribution Subcontractor to, perform receipt and inspection of all incoming shipments to confirm item(s), quantity and suitability (as may reasonably be determined by such receipt and inspection) before authorizing such shipments for approval for distribution. The Selling Party shall notify the non-Selling Party promptly in the event of any deviation(s) with respect to such shipments that requires an investigation (as well as the results of such investigation) pursuant to the Selling Party’s SOPs, Applicable Law and any applicable Covered Agreement. The Selling Party shall keep or cause to be kept appropriate reconciliation records of the receipts with respect to such shipments.
(d) Without limitation of its obligations under any Covered Agreement with...
Warehousing and Storage. Cumberland shall ship each Product to CORD at CORD’s distribution facility currently located at 00 Xxxxxx Xxxxxxxxx, Suite 100, La Vergne, TN 37086 or to such other distribution facility as may be designated by CORD (individually or collectively, the “CORD Facility”) and agreed by Cumberland, in sufficient quantities to meet Cumberland’s anticipated Customer orders. CORD shall visually inspect each shipment of each Product for external damage or loss in transit and, in the event of any such damage or loss, shall, within a commercially reasonable period of time following discovery of such damage or loss by CORD, notify Cumberland that such damage or loss has occurred.
