Common use of Seconds Clause in Contracts

Seconds. Licensee may, and the rights and licenses granted herein to Licensee include the right to, distribute or sell any Aged Goods, 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 practices in the Territory consistent with those taken by Bonobos as of or prior the Effective Date are practices in the Territory deemed in accordance with this Section 8.B.

Seconds. Licensee may, and the rights and licenses granted herein to Licensee include the right to, distribute or sell any Aged Goodsout-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 consistent with those taken by Bonobos as of or prior the Effective Date are practices in the Territory deemed in accordance with this Section 8.B.