Design Concepts. Based on the Agreed Upon Season's Themes, the Licensee shall create, develop and present for CKI's review and approval, a program in a tangible illustrative format of design themes and concepts ("Design Concepts") with respect to the proposed designs for the applicable Collection, together with relevant trims, samples of fabrics and other components. The Licensee shall CONFIDENTIAL TREATMENT present the Design Concepts to CKI in a "Design Concepts Presentation Meeting", the purpose of which is to provide CKI with a clear and concrete understanding of the themes, fabrications, styles, attitude and direction of such Collection through the use of either design boards, sketches and/or "rigs" as well as samples of trim, fabrics and other components in each of the Licensee's suggested colors and qualities, also swatches, yarns and illustrations sufficient to give CKI a clear understanding of the particular Products and components the Licensee wishes to develop based upon approved Design Concepts. CKI shall, within 10 business days from presentation of the Design Concepts identified at the Design Concepts Presentation Meetings approve or disapprove and/or provide suggestions, modifications or recommendations, as determined by CKI in its sole and absolute discretion. Any Design Concept which is not rejected or required to be modified within such 10 business day period shall be deemed approved. Any Design Concept or component thereof presented, initiated or submitted by CKI to Licensee to be included in the applicable Collection shall be included in the Approved Design Concepts except as otherwise may be agreed by CKI. All approved and deemed approved Design Concepts are referred to herein as the "Approved Design Concepts." The Licensee shall provide CKI with a photographic record, duplicate "boards" or such other comparable method acceptable to CKI, of the Approved Design Concepts so that CKI has a means to verify compliance with the Approved Design Concepts at subsequent stages of the approval process, within 10 business days after approval of the Approved Design Concepts. The Licensee shall have 10 business days to resubmit for CKI's approval any Design Concept to which CKI directed modifications to be made. If any resubmitted Design Concept, as changed, does not strictly conform to CKI's request for changes, and such strict conformity cannot be obtained after one resubmission, such Design Concept shall not become an Approved Design Concept. No Licensed Products (including samples) shall be distributed and/or sold by the Licensee unless such Licensed Products are in substantial conformity with Approved Design Concepts. Approved Design Concepts shall only be deemed approved for the specific Collection for which they have been submitted and approved, unless CKI agrees otherwise in writing.
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Design Concepts. Based on the Agreed Upon Season's ’s Themes, the Licensee shall create, develop and present for CKI's ’s review and approval, a program in a tangible illustrative format of design themes and concepts ("‘‘Design Concepts"’’) with respect to the proposed designs for the applicable Collection, together with relevant trims, samples of fabrics and other components. The Licensee shall CONFIDENTIAL TREATMENT present the Design Concepts to CKI in a "‘‘Design Concepts Presentation Meeting"’’, the purpose of which is to provide CKI with a clear and concrete understanding of the themes, fabrications, styles, attitude and direction of such Collection through the use of either design boards, sketches and/or "‘‘rigs" ’’ as well as samples of trim, fabrics and other components in each of the Licensee's ’s suggested colors and qualities, also swatches, yarns and illustrations sufficient to give CKI a clear understanding of the particular Products and components the Licensee wishes to develop based upon approved Design Concepts. CKI shall, within 10 business days from presentation of the Design Concepts identified at the Design Concepts Presentation Meetings approve or disapprove and/or provide suggestions, modifications or recommendations, as determined by CKI in its sole and absolute discretion. Any Design Concept which is not rejected or required to be modified within such 10 business day period shall be deemed approved. Any Design Concept or component thereof presented, initiated or submitted by CKI to Licensee to be included in the applicable Collection shall be included in the Approved Design Concepts except as otherwise may be agreed by CKI. All approved and deemed approved Design Concepts are referred to herein as the "‘‘Approved Design Concepts." ’’ The Licensee shall provide CKI with a photographic record, duplicate "‘‘boards" ’’ or such other comparable method acceptable to CKI, of the Approved Design Concepts so that CKI has a means to verify compliance with the Approved Design Concepts at subsequent stages of the approval process, within 10 business days after approval of the Approved Design Concepts. The Licensee shall have 10 business days to resubmit for CKI's ’s approval any Design Concept to which CKI directed modifications to be made. If any resubmitted Design Concept, as changed, does not strictly conform to CKI's ’s request for changes, and such strict conformity cannot be obtained after one resubmission, such Design Concept shall not become an Approved Design Concept. No Licensed Products (including samples) shall be distributed and/or sold by the Licensee unless such Licensed Products are in substantial conformity with Approved Design Concepts. Approved Design Concepts shall only be deemed approved for the specific Collection for which they have been submitted and approved, unless CKI agrees otherwise in writing.
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