Retailer. During the term of this Agreement, except as otherwise permitted -------- under Article 2.6(a) of the License Agreement, Retailer agrees to not engage in the business of creating, developing, operating, advertising and promoting a business-to-consumer e-commerce business on the Internet which directly or indirectly generates in excess of 20% of its revenues from the sale of sporting goods, athletic footwear, athletic apparel and related goods and services ("Restricted Business"), except that if Retailer acquires another business selling sporting goods, athletic footwear and/or athletic apparel and related goods and services either through land based stores or through catalog sales which is engaged in e-commerce business, Retailer can continue to operate the e- commerce business of the acquired business until such time, if ever, that Retailer changes 50% or more of the acquired business's land based stores to stores operating under the name "The Sports Authority" or any variation thereof or changes the catalog name to "the Sports Authority" or any variation thereof. If Retailer desires to engage in any Restricted Business during the term of this Agreement, it shall only do so through XXX.xxx and such business shall be conducted on the terms and conditions set forth in this Agreement.
Retailer. Retailer, at its own cost and expense, shall defend, indemnify -------- and hold harmless XXX.xxx and any of its officers, directors, employees or agents from and against any and all actions, claims, proceedings or lawsuits arising from or related in any way to: (a) any claim that XXX.xxx's use of the Marks as permitted hereunder and under the License Agreement, including use of Retailer's URL and of the name and Xxxx "XxxXxxxxxXxxxxxxxx.xxx" infringes the trademark, service xxxx, trade dress or trade name rights of any third party in the U.S., its territories and possessions, Puerto Rico, or Canada, provided, however, that Retailer shall not bear any duty, obligation or liability pursuant to this Article 15.1 to the extent that, and with respect to which, any use by XXX.xxx of any of the Marks is in a manner not authorized by this Agreement or the License Agreement; or (b) from Retailer's gross negligence or willful or intentional misconduct.
Retailer. The natural person or entity that executes the Agreement and is authorized by MBUSA to sell and service Mercedes-Benz Light Truck Products as defined herein.
Retailer. Internet Retailer is in the business of retail sales of various products to the general public via the internet within the territory of the United States, including those of similar class and description to Product.
Retailer. A trader, other than the organiser, who sells or offers for sale packages combined by an organiser.
Retailer. Retailer, at its own cost and expense, shall defend, indemnify and hold harmless TSA.com and any of its officers, directors, employees or agents from xxx xxainst any and all actions, claims, proceedings or lawsuits arising from or related in any way to: (a) any claim that TSA.com's use of the Marks as permitted hereunder and under the LICEXXX XXXEEMENT, including use of Retailer's URL and of the name and Mark "TheSportsAuthority.com" infringes the trademark, service mark, xxxde xxxxx xx xxxxx xxxx xights of any third party in the U.S., xts territories and possessions, Puerto Rico, or Canada, provided, HOWEVER, that Retailer shall not bear any duty, obligation or liability pursuant to this Article 15.1 to the extent that, and with respect to which, any use by TSA.com of any of the Marks is in a manner not authorized by this Agxxxxxxx or the License Agreement; or (b) from Retailer's gross negligence or willful or intentional misconduct.
Retailer a person who agrees, by arrangement with us or a Card acceptance scheme, to accept the Card as payment for goods or services. Security Code: the last three digits on the signature strip on the reverse of the Card. Services: the Card facilities to be provided to the Business and to the Cardholders under this Agreement, together with any other services associated with the Card(s) that we may make available to the Business and/or the Cardholders from time to time. Statement: the monthly statement of the Business Account issued to the Business and which will also include a demand for the minimum payment.
Retailer. UNSW • Involve executives from the beginning and agree in clear project objectives • Communicate often and freely with internal stakeholders (executive, legal, treasury, finance, procurement ) • Engage an experienced and knowledgeable legal team • Engage an experienced and knowledgeable energy procurement team • Select a developer and retailer willing to work together
Retailer. Subject to the terms and conditions of this Agreement (including without limitation Retailer’s payment obligations); Retailer shall use commercially reasonable efforts to perform its duties set forth in Exhibit A. Retailer shall also provide administrative service, office, including but not limited to space, personnel, and other property and services required by Blackhawk in the performance of its business. Such property and services shall include:
Retailer. The Retailer represents and warrants that:
