Common use of Disposal of Unsold Units Clause in Contracts

Disposal of Unsold Units. Provided this License Agreement is not terminated due to a breach or default by Licensee, Licensee may, upon expiration or termination of this License Agreement, sell off existing inventories of Licensed Products, on a non-exclusive basis, for a period of ninety (90) days from the date of expiration or termination of this License Agreement, and provided such inventories have not been manufactured solely or principally for sale during such period. With respect to existing inventories of PlayStation Hardware, Sony reserves the right to buy back the inventory at its then-current fair market value, to allow Licensee to sell off such inventories subject to the requirements set forth in the first sentence of this Section, or to require Licensee to destroy such inventories. Subsequent to the expiration of such ninety (90) day period, or in the event this License Agreement is terminated as a result of any breach or default by Licensee, any and all units of the Licensed Products remaining in Licensee's inventory shall be destroyed by Licensee within five (5) working days of such expiration or termination. Within five (5) working days after such destruction, Licensee shall provide Sony with an itemized statement, certified to be accurate by an officer of Licensee, indicating the number of units of the Licensed Products which have been destroyed (on a title-by-title basis), the location and date of such destruction, and the disposition of the remains of such destroyed materials.

Appears in 2 contracts

Samples: Sale and License Agreement (Lightspan Partnership Inc), Sale and License Agreement (Lightspan Partnership Inc)

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Disposal of Unsold Units. Provided this License Agreement is not ------------------------ terminated due to a breach or default by Licensee, Licensee may, upon expiration or termination of this License Agreement, sell off existing inventories of Licensed Products, on a non-exclusive basis, for a period of ninety (90) days from the date of expiration or termination of this License Agreement, and provided such inventories have not been manufactured solely or principally for sale during such period. With respect to existing inventories of PlayStation Hardware, Sony reserves the right to buy back the inventory at its then-current fair market value, to allow Licensee to sell off such inventories subject to the requirements set forth in the first sentence of this Section, or to require Licensee to destroy such inventories. Subsequent to the expiration of such ninety (90) day period, or in the event this License Agreement is terminated as a result of any breach or default by Licensee, any and all units of the Licensed Products remaining in Licensee's inventory shall be destroyed by Licensee within five (5) working days of such expiration or termination. Within five (5) working days after such destruction, Licensee shall provide Sony with an itemized statement, certified to be accurate by an officer of Licensee, indicating the number of units of the Licensed Products which have been destroyed (on a title-by-title basis), the location and date of such destruction, and the disposition of the remains of such destroyed materials.

Appears in 2 contracts

Samples: License Agreement (Interplay Entertainment Corp), License Agreement (Interplay Entertainment Corp)

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Disposal of Unsold Units. Provided this License Agreement is not terminated due to a breach or default by Licensee, Licensee may, upon expiration or termination of this License Agreement, sell off existing inventories of Licensed Products, on a non-exclusive basis, for a period of ninety (90) days from the date of expiration or termination of this License Agreement, and provided such inventories have not been manufactured solely or principally for sale during such period. With respect to existing inventories of PlayStation Hardware, Sony reserves the right to buy back the inventory at its then-current fair market value, to allow Licensee to sell off such inventories subject to the requirements set forth in the first sentence of this Section, or to require Licensee to destroy such inventories. Subsequent to the expiration of such ninety (90) day period, or in the event this License Agreement is terminated as a result of any breach or default by Licensee, any and all units of the Licensed Products remaining in Licensee's inventory shall be destroyed by Licensee within five (5) working days of such expiration or termination. Within five (5) working days after such destruction, Licensee shall provide Sony with an itemized statement, certified to be accurate by an officer of Licensee, indicating the number of units of the Licensed Products which have been destroyed (on a title-by-title basis), the location and date of such destruction, and the disposition of the remains of such destroyed materials.

Appears in 1 contract

Samples: License Agreement (Acclaim Entertainment Inc)

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