GRANT OF SUPPLY RIGHT Sample Clauses

GRANT OF SUPPLY RIGHT. Filene’s hereby grants to the Supplier an exclusive supply right (the “Supply Right”) to supply Merchandise to the Shoe Departments of all Covered Stores. Subject to Section 3, all Merchandise shall be owned by Supplier with Filene’s having the right to sell such Merchandise for the benefit of Supplier and Filene’s as provided in this Agreement. Filene’s shall give Supplier the first right of refusal to supply Merchandise pursuant to this Agreement to any Store that will open a Shoe Department and which Store is not on the Covered Store Schedule at the time the decision is made by Filene’s to open a Shoe Department in that Store. Filene’s shall provide Supplier ninety (90) days advance written notice of its intention to open a new footwear department in any Store that is not a Covered Store or to add a Covered Store and Supplier shall have thirty (30) days after the date of such notice to agree, in Supplier’s sole discretion, to supply Merchandise to the new Shoe Department. If Supplier does not so agree, Filene’s may supply Merchandise to the new department itself or through a third party. In the event that Filene’s intends to open a significant number of Shoe Departments within a short time period and Supplier agrees to supply such Shoe Departments as provided above, Supplier shall have a reasonable amount of time, under the circumstances, to supply such Shoe Departments. Notwithstanding anything to the contrary herein, Filene’s and Supplier agree that the Filene’s Basement Store # 51 located at 400 Xxxxxxxxxx Xxxxxx, Xxxxxx, XX 00000 will not be subject to this Agreement.
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GRANT OF SUPPLY RIGHT 
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Related to GRANT OF SUPPLY RIGHT

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