Quality Issues definition
Examples of Quality Issues in a sentence
If the Quality Issues have not been cured to Sears’ satisfaction or the Quality Issues remain otherwise uncured after the time period provided for in the Initial Cure Period and any Additional Cure Period(s), such Quality Issues shall be deemed uncured (“Uncured Quality Issues”).
Each Notice of Non-Compliance shall be in writing and shall set forth with sufficient particularity a description of the nature of the non-compliance (“Quality Issues”), and may include requested actions for curing such Quality Issues.
If the Parties are unable to agree on a cure plan, or whether Licensee, or any Sublicensee is not in compliance, following such good faith discussions pursuant to Section 13.1, then such Quality Issues shall be deemed uncured (“Uncured Quality Issues”) and the provisions in Section 11.2 will apply and the Parties may proceed to arbitration under Section 13.
Licensee shall act in good faith, using commercially reasonable efforts to cure or otherwise resolve all Quality Issues as soon as practicable.
Outlet Stores shall use reasonable efforts to cure or otherwise resolve all Quality Issues as soon as possible.
If the Quality Issues are not capable of being cured, the Cure Plan is not capable of being completely executed within the Initial Cure Period, or the Quality Issues otherwise remain uncured after the expiration of the Initial Cure Period, Licensor and Licensee shall engage the Governance Committee to promptly negotiate in good faith additional cure plans for an additional cure period that may be reasonably necessary and appropriate to correct such Quality Issues.
For Quality Issues identified by Outlet Stores in a voluntary notice of non-compliance, such Cure Plan shall accompany Outlet Stores’ notice.
During such time, Licensee may not create, manufacture, produce, distribute or otherwise use any new Marketing Materials, Promotional Items, or products or services using any Licensed Marks that are associated with the Uncured Quality Issues.
Licensee shall cease use of the Licensed Marks on or in connection with any products, services and activities that are the subject of the Uncured Quality Issues as soon as reasonably practicable but no later than one year following the date on which such Quality Issues are determined to be Uncured Quality Issues.
Once Sears, in its sole but good faith discretion, has approved the Cure Plan (“Cure Plan Approval”), Outlet Stores shall have a 120 day cure period, or a longer period as approved by Sears on a case-by-case basis in its sole but good faith discretion (“Initial Cure Period”) from Cure Plan Approval to correct the Quality Issues.