Seconds. Licensee may, and the rights and licenses granted herein to Licensee include the right to, distribute or sell any out-of-season, close-out, surplus, or obsolete, damaged, imperfect, flawed, substandard quality, misprinted or defective goods under any Mark in the Territory in the ordinary course of business or consistent with Quality Standards. Licensee shall either destroy any products that are not suitable for distribution or sale in a manner consistent with Quality Standards, or distribute such products only after having removed any and all references to any Marks used on or in connection with such product in a manner that is not reasonably likely to cause material reputational and/or other harm to Licensor and/or the Marks. Notwithstanding the foregoing, Licensor acknowledges that Licensee’s practices in the Territory as of or prior the Effective Date are practices in the Territory deemed in accordance with this Section 8.B.
Seconds. The Licensee shall only sell Licensed Products which are damaged, imperfect, non-first quality or defective goods (“Seconds”) in a way which shall not reduce the value of the Licensed Mxxx or detract from its reputation and shall obtain the express prior written consent of CKI with respect to the terms and method of their disposal. All Seconds approved for sale by CKI shall be clearly marked “Seconds” or “Irregular.” The percentage of Seconds of any of the Licensed Products which may be disposed of in any Annual Period shall not, in any event, exceed [***] of the total number of units of Licensed Products distributed or sold by the Licensee for such Annual Period.
Seconds. Nothing herein shall restrict the display of a new banner advertisement when the consumer requests a new page or screen within the Mobile Property. Failure to comply with such technical specifications and operating guidelines may result in reduction or cancellation of amounts otherwise payable to Developer under this Agreement.
Seconds. The percent of calls answered within 20 seconds is calculated by dividing the number of calls answered within 20 seconds by the total number of calls answered during the year. “Calls answered” include calls answered by a customer service representative (“CSR”) and calls completed within the voice response unit (“VRU”). Abandoned calls are not considered. The time to answer is measured once the customer makes a selection to either speak with a CSR or use the VRU. VRU calls are included beginning in the year 2000.
Seconds. Licensee shall not offer for sale, sell, ship, advertise, promote, market, distribute or use for any purpose whatsoever any DIRECTV/TIVO Materials bearing the Marks which fails to meet any requirement of this License or the Marketing Agreement. Further, Licensee shall not permit any third party authorized by Licensee to make Licensed Use of the Marks to offer for sale, sell, ship, advertise, promote, market, distribute or use for any purpose whatsoever any DIRECTV/TIVO Materials bearing the Marks which fails to meet any requirement of this License or the Marketing Agreement.
Seconds. In the case of second quality Products, Licensee, if possible given the nature of the Product, shall remove the Trademarks from the Product, prominently mark all such Products with thx xegend "second," "irregular," or a red-line, or cut through the label. Licensee shall not sell any Products incorporating any labels or other identification bearing any of the Trademarks as seconds, damaged or defective merchandise without first obtaining LS&CO.'s approval.
Seconds. Licensee may sell Seconds only in a way that will not reduce the value of the Trademarks All Seconds approved for sale by Sweetface must be clearly marked "Seconds" or "Irregular". The percentage of Seconds that may be disposed of pursuant to this Paragraph 7.12(a) may not, in any event, exceed *** percent of the total Net Sales of Licensed Products distributed by Licensee in any Annual Period.