STORE OPERATION. Consultant shall conduct the sale in the name of Merchant and on its behalf and shall have the right to conduct the Sale subject to Section 17 as a store closing sale or similar type sale (subject to all legal requirements) in the manner which Consultant in Consultant's discretion reasonably deems fitting including, but not limited to, advertising, pricing of Inventory, the right to determine the number, type, selection and schedule of Merchant Store level personnel to be utilized (subject to Merchant's policies and procedures and subject to Merchant's restrictions relating to hours and employment termination provided however no such restriction shall materially impede the operation of the Sale), Store hours (subject to Merchant's customary operating hours), Store maintenance (subject to reasonable business practices) and security provisions (subject to Merchant's policies and procedures). Merchant represents that the Store employees are not subject to any collective bargaining contracts. In connection therewith, Merchant and Consultant acknowledge and agree, that (i) nothing herein nor any of Consultant's actions taken in respect hereto shall be deemed to constitute an assumption by Consultant of any of Merchant's obligations relating to any of Merchant's employees including salary, vacation, pension withdrawal, severance, Workers Adjustment and Retraining Notification Act claims (if any) and other termination type claims and obligations and (ii) nothing herein nor any of Consultant's actions taken in respect hereto shall be deemed to constitute an assumption by Merchant of any of Consultant's obligations relating to any of Consultant's employees including salary, vacation, pension withdrawal, severance, Worker's Adjustment and Retraining Notification Act claims (if any) and other termination type claims and obligations. Consultant shall cooperate and consult with Merchant's human resources representatives and store management regarding any personnel issues at the Stores.
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STORE OPERATION. Consultant shall conduct the sale in the name of Merchant and on its behalf and shall have the right to conduct the Sale subject to Section sec. 17 as a store closing sale or similar type sale (subject to all legal requirements) in the manner which Consultant in Consultant's discretion reasonably deems fitting including, but not limited to, advertising, pricing of Inventory, the right to determine the number, type, selection and schedule of Merchant Store level personnel to be utilized (subject to Merchant's policies and procedures and subject to Merchant's restrictions relating to hours and employment termination provided however no such restriction shall materially impede the operation of the Sale), Store hours (subject to Merchant's customary operating hours), Store maintenance (subject to reasonable business practices) and security provisions (subject to Merchant's policies and procedures). Merchant represents that the Store employees are not subject to any collective bargaining contracts. In connection therewith, Merchant and Consultant acknowledge and agree, that (i) nothing herein nor any of Consultant's actions taken in respect hereto shall be deemed to constitute an assumption by Consultant of any of Merchant's obligations relating to any of Merchant's employees including salary, vacation, pension withdrawal, severance, Workers Adjustment and Retraining Notification Act claims (if any) and other termination type claims and obligations and (ii) nothing herein nor any of Consultant's actions taken in respect hereto shall be deemed to constitute an assumption by Merchant of any of Consultant's obligations relating to any of Consultant's employees including salary, vacation, pension withdrawal, severance, Worker's Adjustment and Retraining Notification Act claims (if any) and other termination type claims and obligations. Consultant shall cooperate and consult with Merchant's human resources representatives and store management regarding any personnel issues at the Stores.
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