Substandard Quality Sample Clauses
Substandard Quality. In the event that the quality of any of the LICENSED PRODUCTS falls below the level set forth in Section 7.2, LICENSEE shall, upon written notice from LICENSOR, immediately discontinue the production, sale, or distribution of such products or materials until such time as the products meet the standards in Section 7.2. In addition, a LICENSED PRODUCT will be deemed to have fallen below the requisite quality level if it is determined that **.
Substandard Quality. Portions of this exhibit were omitted and filed separately with the Secretary of the Commission pursuant to an application for confidential treatment filed with the Commission pursuant to Rule 24b-2 under the Securities Exchange Act of 1934. Such portions are marked by a series of asterisks.
(a) If the quality of any particular Licensee-Made Licensed Product falls below the requisite quality level set forth in Section 8.1, Licensee shall, upon written notice from Goodyear, have 60 days to either (i) return the quality level of such Licensee-Made Licensed Product to the requisite quality level or (ii) provide Goodyear with a plan reasonably acceptable to Goodyear to return the quality level of such Licensee-Made Licensed Product to the requisite quality level. If Licensee fails to do either (i) or (ii) within the 60 day period, then Licensee shall immediately discontinue the production, sale, distribution and marketing of such Licensee-Made Licensed Product until such time the Licensee-Made Licensed Product is brought up to the quality standards described in Section 8.1.
(b) Without limiting the requirements of Section 8.6(a), a particular Licensee-Made Licensed Product will be deemed to have fallen below the requisite quality level set forth in Section 8.1 if returns of such Licensee-Made Licensed Product due to substandard quality exceed *** of Licensee’s Net Sales of such Licensee-Made Licensed Product in any Contract Period (the “Return Rate”). Licensee shall promptly notify Goodyear in writing if returns of any Licensee-Made Licensed Product exceed the Return Rate.
Substandard Quality. In the event that the quality of the Business Services or any marketing, packaging or other materials bearing any Licensed Mark falls below the acceptable level (as defined ▇▇ ▇ection 3.1) as determined by Licensor in its reasonable discretion, Licensee shall, promptly correct or cease the use as instructed by Licensor.
Substandard Quality. In the event that the quality of the Business Services or any marketing, packaging or other materials bearing any Licensed ▇▇▇▇ falls below the acceptable level (as defined in Section 3.1) as determined by Licensor in its reasonable discretion, Licensee shall, promptly correct or cease the use as instructed by Licensor.
