Common use of Private Label Clause in Contracts

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 ▇▇▇▇▇ 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. 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 ▇▇▇▇▇ Buyer 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.