REMAINDERS Clause Samples
POPULAR SAMPLE Copied 4 times
REMAINDERS. At any time after one year of initial publication of the Work, if, in the opinion of Random House, the continued sale of the Work is no longer profitable, Random House may dispose of any copies remaining on hand as “remainders” at any price as it may see fit. There shall be no royalty payable on all copies sold as “remainders”. Random House shall notify the Proprietor before the Work is remaindered and shall offer the Proprietor the opportunity to purchase copies of the Work at the remainder price; any inadvertent failure by Random House to do so, however, shall not be deemed a breach of this Agreement.
REMAINDERS. On any copies sold as remainders the Publishers shall pay to the Owner a royalty of 10% (ten per cent) of the net receipts received it being provided that such 10% (ten per cent) shall be in lieu of royalties hereinbefore mentioned and that no such royalty shall be paid on copies sold at or below cost price and that no such remainder copies shall be sold within a period of 2 (two) years from the date of first publication of the Translation.
REMAINDERS. If any Partner does not make all or part of a requested Additional Contribution, the Manager, on the Partnership's behalf, shall send a notice to each Fully Participating Partner offering each Fully Participating Partner the right to contribute to the Partnership an amount up to the entire Remainder. Each Fully Participating Partner may, in its sole discretion, either: (i) accept the request to make an Additional contribution in an amount specified up to the entire Remainder by giving notice of acceptance to the Manager within 20 days of the request; or (ii) reject the request, by giving notice to the Manager specifying the Fully Participating Partner's decision not more than 20 days following the receipt of the
REMAINDERS. Articles that, with a view to their nature, are intended to continue to apply after the end of the Agreement remain in full force upon termination of the Agreement.
REMAINDERS. If Incyte is the Enforcing Party, then (i) to the extent not representing treble or punitive damages, any remainder after reimbursement pursuant to Section 6.3.8(a) shall be retained by Incyte and treated as “Net Sales” in the Calendar Year in which it is actually received for purposes of Incyte’s payment obligations to Syros pursuant to Article 5 and (ii) to the extent representing treble or punitive damages, any remainder after reimbursement pursuant to Section 6.3.8(a) shall be allocated [**] percent ([**]%) to [**] and [**] percent ([**]%) to [**]. If Syros is the Enforcing Party with respect to any Syros Existing Background Target IP, Syros Platform Improvements or Non-Validated Target IP, then any remainder after reimbursement pursuant to Section 6.3.8(a) shall be retained by Syros. If Syros is the Enforcing Party with respect to any Validated Target IP, then any remainder after reimbursement pursuant to Section 6.3.8(a) shall be allocated [**] percent ([**]%) to [**] and [**] percent ([**]%) to [**].
REMAINDERS. The Publisher shall not remainder the Print Edition within 2 (two) years of first publication. On remainder copies sold at or below the cost of manufacture no royalty shall be payable.
REMAINDERS. 7.1 If the customer:
i. fails to collect the product within 30 days of being notified that they are available for collection,
ii. fails to accept delivery of the product (where applicable), or
iii. fails to accept delivery of the product within 30 days of being notified by that they are ready for delivery (where applicable); Miele will give the customer 5 business days’ notice of termination of this agreement. If the customer fails to collect or accept delivery within that notice period, this agreement is terminated on expiry of that period (and Miele may deal with the product the subject of the service in accordance with applicable uncollected goods legislation).
7.2 If Miele is unable to contact the customer after making reasonable attempts to arrange collection or delivery of the product, Miele may give the customer 30 days’ notice of termination of this agreement. If the customer fails to make arrangements within this notice period, this agreement is terminated upon expiry of that period (and Miele may deal with the product the subject of the service in accordance with applicable uncollected goods legislation).
REMAINDERS. Annualized sales of the Work below one hundred (100) units is considered insufficient demand and the Publisher may discontinue publication of the work and dispose of the copies remaining on hand as it deems best. In such event, Author shall have the right, within thirty (30) days of Publisher’s written notice to purchase some or all copies and to purchase the film and plates at the Publisher’s actual cost plus three percent (3%) warehousing fees, If Author declines to purchase such copies or other materials, Publisher may dispose of the copies as it deems best.
REMAINDERS. 12.1 Because our warehouse capacities are limited, we regu- larly check if our printed stock can be reduced. Through digitisation and print-on-demand, we can keep the major- ity of our titles available and in print without keeping physical stock on hand. We reserve the right to pulp or sell any remaining stock at a reduced price.
REMAINDERS. The agreement should set out the procedure to be followed where income from sales of the work has dropped below the cost of keeping the remaining stock in a warehouse. Where sales of the work have declined, with stocks remaining high and warehouse costs exceeding the income from sales, authors should have the right of first refusal to buy the remaining copies on terms to be agreed. The balance of the remaining copies, if any, normally will be sold below cost by the publisher to a remainder dealer. 14 In the case of an anthology, the publisher usually pays the full cost.
