Quality Control; Samples. All Licensed Products manufactured by the Licensee and its Manufacturers shall conform in all respects to the Product Specifications, Packaging Specifications, prototype, and mock-up or pre-production sample approved by the Licensor or its nominee pursuant to Section 3.3. The Licensee shall supply a reasonable number of production samples of the first production run for each Licensed Product from each manufacturer to the Licensor or its nominee for the approval of the Licensor or its nominee before commencing distribution of such Licensed Product. Samples will be submitted to the Licensor or its nominee in the form in which the Licensed Product will be supplied via authorized Distribution Channels, complete with all promotional, packaging and tagging materials. Production samples must be approved by the Licensor or its nominee in writing. The Licensor or its nominee will attempt to notify the Licensee within ten (10) working days of receipt with regard to the approval status of such samples. If written approval status is not provided by the Licensor or its nominee, the Licensee shall NOT be permitted to go forward with production of Licensed Product based on such samples. The Licensee shall make any changes or improvements to the Licensed Product required by the Licensor or its nominee and resubmit production samples to the Licensor or its nominee for approval before commencing distribution of the Licensed Product. The Licensee shall provide to the Licensor or its nominee such additional samples of each Licensed Product manufactured by the Licensee as the Licensor or its nominee shall reasonably request. The Licensee shall obtain the prior approval of the Licensor or its nominee for any modification to a production run approved in accordance with this Section 4.3. Any failure by Licensor or its nominee to approve a submission shall be deemed a disapproval of the submission. Any samples provided hereunder will only be required to the extent Licensor agrees to comply with applicable rules, regulations and laws, including guidance from the California Department of Cannabis Control which may include quantity limitations.
Appears in 2 contracts
Sources: Brand Transfer Agreement (TPCO Holding Corp.), License Agreement (TPCO Holding Corp.)