Examples of Outlet Products in a sentence
If Sears or its Affiliates refuse to allow Outlet Stores to sell Outlet products by the Sears Digital Methods, Sears shall grant to Outlet Stores a license to allow Outlet Stores to sell Outlet Products on the websites identified by the Domain Names (the “Websites”).
Outlet Stores shall have no rights in any of the Marks other than the limited right to use the Marks solely to market and sell the Outlet Products and Services in the Stores and through the Digital Methods in accordance with the terms of this Agreement.
Seller will take all commercially reasonable actions necessary to be able to sell the Outlet Products to Buyer in accordance with this Section 4.
If Seller has entered into an agreement with a Vendor in effect immediately prior to the Effective Date and the agreement requires Seller to return Outlet Products to the Vendor (a “Return-Requirement Agreement”), or a Return-Requirement Agreement is extended or renewed on or after the Effective Date on substantially the same terms and conditions as its predecessor agreement, the provisions of the extended or renewed agreement will prevail over the provisions of this Section 4(h).
In that case, Outlet Stores shall cease use of the Marks on or in connection with the Outlet Products, Services or activities that are the subject of the Uncured Quality Issues as soon as reasonably practicable but in no event later than six (6) months after such Quality Issues are determined to be Uncured Quality Issues with regard to use for marketing materials and one (1) year with regard to all use on Outlet Products or Services.
If after the Effective Date there is imposed a U.S. value-added tax that is applicable to the Outlet Products Seller and Buyer will negotiate in Good Faith an amendment to this Agreement the terms of which would adjust the Outlet Invoice Prices to reflect the imposition of the tax.
The Outlet Products and Services that are at least of equal quality to Outlet Products and Services as of the Effective Date shall generally be considered to comply with this Section 4.3, subject to changing market conditions or expectations.
Sears further recognizes that Outlet Stores has in place, Outlet Stores shall maintain throughout the Term, an effective system for evaluating, monitoring and ensuring continuing quality of the Outlet Products and Services.
The invoice prices for the Outlet Products that Seller will sell to Buyer in accordance with this Section 4 (the “Outlet Invoice Prices”) will include (and will not be charged additionally to Buyer) all costs of manufacturing and delivering the Outlet Products to the FOB Point, including (i) all duties and taxes (including excise and withholding taxes) payable in any country where production or delivery takes place, (ii) all commissions to selling agents, and (iii) other incidental charges.
Outlet Stores shall only use the Marks in connection with high-quality Outlet Products and Services.