Excluded Goods. The Merchant shall retain all responsibility for any goods not included as “Merchandise” hereunder (including items of Defective Merchandise for which the Merchant and the Agent cannot agree upon a Retail Price) (collectively, the “Excluded Goods”). Agent shall dispose of the Excluded Goods either by (x) offering such Excluded Goods for sale as “Merchant Consignment Goods” at prices established by the Agent during the Sale, or (y) destroying such Excluded Goods to the extent they are not saleable. It is understood that that the Excluded Goods may not be sold in the Stores and may be sold in bulk to third parties outside the United States and Canada. The Agent shall retain 20% of the sale price plus all expenses, including any expenses associated with the removal, packaging, and delivery of the Merchant Consignment Goods (less Sales Taxes) for all sales of Merchant Consignment Goods, and Merchant shall receive 80% of the receipts in respect of such sales (less Sales Taxes and all expenses, including any expenses associated with the removal, packaging, and delivery of the Merchant Consignment Goods).. Merchant shall receive its share of the receipts of sales of Merchant Consignment Goods on a weekly basis, immediately following the weekly Sale reconciliation by Merchant and Agent pursuant to Section 8.7 below. Except as expressly provided in this Section 5.3, the Agent shall have no cost, expense or responsibility in connection with any Excluded Goods.
Excluded Goods. Merchant shall retain all responsibility for any goods not included as “Merchandise” hereunder. If Merchant elects at the beginning of the Sale Term, Agent shall accept goods not included as “Merchandise” hereunder for sale as “Merchant Consignment Goods” at prices established by the Agent. News Stand Inventory, Café/Candy Inventory, DC Damaged Goods, calendar inventory located in the Stores and Distribution Centers with a Cost Value exceeding $200,000, those items referenced by SKU on Exhibit 5.4 or items otherwise identified herein shall be deemed Merchant Consignment Goods. The Agent shall retain 20% of the sale price for all sales of Merchant Consignment Goods, and Merchant shall receive 80% of the receipts in respect of such sales. Merchant shall receive its share of the receipts of sales of Merchant Consignment Goods on a weekly basis in accordance with Section 3.3, immediately following the weekly Sale reconciliation by Merchant and Agent pursuant to Section 8.6 below. If Merchant does not elect to have Agent sell goods not included as Merchandise, then all such items will be removed by Merchant from the Stores at its expense as soon as practicable after the Sale Commencement Date.
Excluded Goods. Merchant shall retain all responsibility for any goods not included as "Merchandise" hereunder.
Excluded Goods. Except with the express written consent of APG, APG will not accept Excluded Goods. If the Client delivers such Excluded Goods to APG without the knowledge of APG, the Client will be responsible for all loss and damage to the Excluded Goods and expense to APG arising in connection with the Excluded Goods.
Excluded Goods. 5.1 The following items are excluded from this contract and must not be stored;
Excluded Goods. If requested at the beginning of the Sale Term, Agent shall accept goods not included as “Merchandise” or not included as Inventory under Open Purchase Orders under the APA for sale at prices and through sale channels established by Agent (such goods, “Excluded Goods”) and the compensation payable to Agent in connection therewith as well as the division and distribution of proceeds from the sale of Excluded Goods shall be addressed in the Letter Agreement; otherwise, Agent shall have no responsibility whatsoever for Excluded Goods and Merchant (if prior to the Closing) or Buyer (if following the Closing) shall remove them from the sales floor. In no event shall Excluded Goods be shipped to the Stores absent Agent’s express written consent. Agent shall have no cost, expense or responsibility in connection with any goods not included in Merchandise or that are not Inventory under Open Purchase Orders.
Excluded Goods. 7.1 The following Goods are Excluded Goods which will not be Transported by Emit unless otherwise agreed to in writing between the parties prior to such Transport: tobacco products, alcohol products, money, bullion, credit cards, pre-paid cards, jewellery, watches, gemstones and precious stones, furs, treasury notes, securities, stamps, patterns or manuscripts, plans and designs, livestock and plants, guns, explosives, ammunition, hazardous or dangerous Goods and materials , negotiable instruments, wrought or unwrought metals, antiques and antiquities, works of art, securities, drugs, refrigerated/perishable goods, household and personal effects, any valuable documents, glass or glass products, second-hand goods that have not been declared as such to EMIT(who reserves the right to inspect second-hand goods before acceptance and to delay the Transport by one day to effect such inspection).
Excluded Goods. Merchant shall retain all rights and responsibility for any goods not included as "Merchandise" hereunder. At Merchant's election, to be exercised on or before the later of the Sale Commencement Date or the expiration of the Removed Goods Option Deadline, Agent shall accept goods, including Removed Goods (if Merchant so elects ), not included as "Merchandise" hereunder for sale as "Merchant Consignment Goods" at prices established by the Agent. The Agent shall retain thirty percent (30%) of the sale price for all sales of Merchant Consignment Goods, and Merchant shall receive seventy percent (70%) of the receipts in respect of such sales; provided however, Merchant shall have the exclusive right to determine the sale prices for any Removed Goods that Merchant has elected be treated as Merchant Consignment Goods; provided further however, to the extent that Merchant elects to designate, all or a portion of Cosmetics that constitute Removed Goods as Merchant Consignment Goods (the "Cosmetics Consignment Goods"), then (a) such Cosmetic Consignment Goods shall be sold by Agent at a discount of no greater than ten percent (10%) off the original ticketed price of such Cosmetics Consignment Goods, and (b) unless otherwise agreed by Merchant in writing, all unsold Cosmetics Consignment Goods shall be removed from the Sale on the date that is thirty (30) days after the Sale Commencement Date. Merchant shall receive its share of the receipts of sales of Merchant Consignment Goods on a weekly basis, immediately following the weekly Sale reconciliation by Merchant and Agent pursuant to Section 8.6 below. If Merchant does not elect to have Agent sell Defective Merchandise or other merchandise not included as Merchandise, then all such items will be removed by Merchant from the Stores at its expense as soon as practicable after the Sale Commencement Date. Except as expressly provided in this Section 5.6, Agent shall have no cost, expense or responsibility in connection with any goods not included in Merchandise.
Excluded Goods. 2.1 The Parties agree that the Pledged Goods do not include any assets acquired by the Pledgor using funds other than those provided under the Borrower's Individual Loan Agreement.
Excluded Goods. Merchant shall retain all rights and responsibility for any goods not included as Merchandise hereunder and shall remove such goods from the Stores on terms and conditions as shall be mutually agreed upon by Merchant and Agent.
