Private Label. McDATA shall privately label the Products as incorporated into the McDATA Products, and may remove the BROCADE branding on the Products and attach McDATA trademarks or other marks to the Products as the branding of the Products, except that McDATA shall not remove any of BROCADE's proprietary copyright, trademark and patent notices without BROCADE's prior written notice.
Private Label. In the event Product will be privately labeled at Buyer’s request (“Private Label Product”), then Buyer shall provide Seller with written specifications for packaging (“Packaging Specifications”). Unless otherwise agreed to by the parties in writing, the printing and supplying of labels, bags, canisters, boxes, or other like Products (“Packaging Materials”) required to package Product pursuant to the Packaging Specifications shall be provided by, and at the expense of, Seller. Buyer, at its expense and responsibility, shall provide all design, content, and artwork necessary for the creation or modification of Packaging Materials in accordance with the Packaging Specifications. Notwithstanding anything herein to the contrary, Buyer shall solely be responsible for the content and design of Packaging Materials. In the event this Contract expires or is terminated for any reason, other than breach by Seller, Buyer shall purchase from Seller any remaining packed Private Label Product and any unused Packaging Materials ordered or maintained in inventory. Buyer represents that it owns, or has the right to use, the trademarks (“Trademarks) which will appear on the Packaging Materials. Buyer warrants that the Trademarks will not infringe the intellectual property rights of any third parties, and Xxxxx shall indemnify and hold harmless Seller and its respective Affiliates, successors and assigns, harmless from and against any and all actions, claims, liability, cost, damage or expense, including attorneys’ fees and other expenses of defense, arising from or relating to the Trademarks or Buyer’s warranty contained in this Section 16.
Private Label. SFM will negotiate directly with the manufacturer for all Private Label Products. KeHE will provide the purchasing and distribution functions. KeHE shall not sell, distribute or donate any Private Label Products to any third party without SFM’s prior written approval. KeHE shall not dispose of any Private Label Products except in accordance with SFM’s reasonable written instructions which SFM may modify from time to time. [***] The Xxxx-Up attributed to Private Label Products assumes that [***].
Private Label a. Pricing: SFM will be billed at the [*CONFIDENTIAL*] . Pricing shown on Cost Plus Program – Exhibit D. A request for confidential treatment has been made with respect to portions of the following document that are marked with [*CONFIDENTIAL*]. The redacted portions have been filed separately with the SEC.
Private Label. This section will apply to all SFM branded Products, or any other Products which KeHE sells exclusively to SFM.
Private Label. NATIONAL RESELLER accepts the appointment subject to the terms set forth in this Agreement.
Private Label. UNFI will purchase and carry Private Label Products requested by WFM subject to space and slot availability pursuant to the terms set forth on Exhibit B. “Private Label Products” shall mean those products that WFM offers from time to time in WFM Facilities under WFM proprietary labels.
Private Label. The license granted in this Section 2 shall include the right for TRX to sublicense the System to its customer under TRX’s own trademarks, trade names, and logos (“Private Labeled Product”), so long as TRX acknowledges that the Private Labeled Product is based on the System by including a written attribution to Sabre, such as “Powered by Sabre” or other label provided by Sabre.
Private Label. 9.1 All Product(s) used pursuant to this Agreement, may be used under any Trademark(s) developed or owned by the GRANTOR or a Trademark developed and owned by the GRANTEE. In the event that any Trademark utilized by the GRANTEE, is in conflict with another company operating within the Territory, any different such Private Label selected by GRANTEE may be used.
Private Label. Siemens shall private label and market all Products purchased hereunder under Siemens own trade names and trade dress. Costs incurred by Company for changes to Products and for altered materials mandated by such private labeling shall be reimbursed to Company by Siemens. Company may, in good faith, order private label special materials in quantities in excess of Siemens' orders, based upon Siemens' forecasts, and Siemens shall reimburse Company for all such materials and reasonable inventory costs associated, if such materials are not utilized in Products for Siemens. On an exception basis, subject to Company's sole approval, and with mutual agreement required in each case, Company will supply and Siemens may market non-private label Products.
