Shipment of Stock. The Depository will not ship, encumber, or dispose of the Publisher's stock except as authorized herein. The Depository will:
Shipment of Stock. Ship on consignment to the Depository for redistribution, such materials as may be under contract of adoption by the State or subdivisions of the State (the Adopted Materials), and such other materials as the Publisher requests the Depository to distribute (the Non-adopted Materials) (collectively, the Materials), in quantities as determined by the Depository and confirmed by the Publisher, such shipments to remain the property of the Publisher until shipped by the Depository pursuant to the terms of this Agreement. The Publisher may notify the Depository, at any time and without any liability to the Depository pursuant to paragraph (A) (7) or otherwise, that the Publisher no longer desires to have the Depository distribute the Non-adopted Materials. Such termination of the Depository's obligations in connection with Non-adopted Materials shall not be subject to the terms and conditions set forth in paragraph (C) (3). Upon the Publisher’s request, the Depository shall return any stock of such Non-adopted Materials, in accordance with paragraph (A) (2). Other than the liability that the Publisher has assumed in contracts with adopting entities, no liability of any nature, including, without limitation, damages incurred by third parties and lost profits, is assumed or incurred by the Publisher hereunder because of its inability to supply Materials to the Depository.
