Common use of Non-Defective Products Clause in Contracts

Non-Defective Products. Seller will have no obligation to Buyer or any of its customers with respect to Products the customers return to Buyer that are not defective, which Products Buyer may dispose at Buyer’s discretion and solely for its account, including selling the Products at Buyer’s Stores and, subject to Section 12(a)(iii)(B)(5), selling the Products to liquidators.

Appears in 4 contracts

Samples: Merchandising Agreement, Merchandising Agreement (Sears Hometown & Outlet Stores, Inc.), Merchandising Agreement (Sears Hometown & Outlet Stores, Inc.)

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Non-Defective Products. Seller will have no obligation to Buyer or any of its customers with respect to Products the customers return to Buyer that are not defective, which Products Buyer may dispose at Buyer’s discretion (subject to applicable laws) and solely for its account, including selling the Products at Buyer’s Stores and, subject to Section 12(a)(iii)(B)(512(a)(iii)(B)(6), selling the Products to liquidators.

Appears in 1 contract

Samples: Merchandising Agreement (Sears Hometown & Outlet Stores, Inc.)

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Non-Defective Products. Seller will have no obligation to Buyer or any of its customers with respect to Products the customers return to Buyer that are not defective, which Products Buyer may dispose at Buyer’s discretion and solely for its account, including selling the Products at Buyer’s Stores and, subject to Section 12(a)(iii)(B)(512(a)(iii)(B)(w), selling the Products to liquidators.

Appears in 1 contract

Samples: Merchandising Agreement (Sears Hometown & Outlet Stores, Inc.)

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