Common use of Samples and Artwork Clause in Contracts

Samples and Artwork. CKI may make available to the Licensee certain samples, designs, colors, fabric samples, tags, labels, packaging, catalogues and artwork available to CKI, and the cost of CONFIDENTIAL TREATMENT providing such materials shall be borne by the Licensee at prices equal to CKI’s cost (A) as may be requested by Licensee or (B), in the case of ‘‘multi-regional’’ items which CKI requires to be utilized amongst its multiple licensees for Licensed Products, not to exceed $25,000 per annum without the Licensee’s prior consent. The payment for these already ‘‘developed’’ materials are separate and apart from the payment of any CRK fee for the development of such samples, designs, colors, fabric samples, tags, labels, packaging, catalogues and artwork directly for Licensee for each Collection of Articles which shall also be borne by Licensee. All right, title and interest in and to samples, sketches, designs, and other materials furnished to the Licensee or submitted by CKI in connection with the Licensed Products, including any modifications or improvements thereof which may be created by CKI, shall remain the sole property of CKI as between the Licensee and CKI, and are ‘‘licensed’’ hereunder solely and exclusively for use in connection with the manufacture, sale, distribution and promotion of Licensed Products in the Territory, otherwise subject to the terms and conditions of this License Agreement.

Samples and Artwork. CKI may make available to the Licensee certain samples, designs, colors, fabric samples, tags, labels, packaging, catalogues and artwork available to CKI, and the cost of CONFIDENTIAL TREATMENT providing such materials shall be borne by the Licensee at prices equal to CKI’s cost (A) as may be requested by Licensee or (B), in the case of ‘‘multi-regional’’ items which CKI requires to be utilized CONFIDENTIAL TREATMENT amongst its multiple licensees for Licensed Products, not to exceed $25,000 per annum without the Licensee’s prior consent. The payment for these already ‘‘developed’’ materials are separate and apart from the payment of any CRK fee for the development of such samples, designs, colors, fabric samples, tags, labels, packaging, catalogues and artwork directly for Licensee for each Collection of Articles which shall also be borne by Licensee. All right, title and interest in and to samples, sketches, designs, and other materials furnished to the Licensee or submitted by CKI in connection with the Licensed Products, including any modifications or improvements thereof which may be created by CKI, shall remain the sole property of CKI as between the Licensee and CKI, and are ‘‘licensed’’ hereunder solely and exclusively for use in connection with the manufacture, sale, distribution and promotion of Licensed Products in the Territory, otherwise subject to the terms and conditions of this License Agreement.