Common use of EXPLOITATION BY LICENSEE Clause in Contracts

EXPLOITATION BY LICENSEE. a. LICENSEE agrees to commence, and diligently continue thereafter, the distribution, shipment and sale of each category of the Licensed Product in commercially reasonable quantities in the Territory on or before the respective distribution date set forth next to each category of the Licensed Product described in item 2 of the attached License Agreement Detail Schedule. b. LICENSEE agrees that the Licensed Product will be sold, shipped and distributed outright, at a competitive price DETERMINED BY LICENSEE, and not on an approval, tie-in, consignment, or "sale or return" basis. LICENSEE further agrees that the Licensed Product will only be KNOWINGLY sold to retailers, jobbers, wholesalers and distributors for sale, shipment and distribution to retail stores and merchants commonly considered and referred to in the industry as MODERATE OR BETTER department stores and specialty stores for sale, shipment and distribution direct to the public. Notwithstanding the foregoing to the contrary, LICENSOR agrees that the Licensed Product may also be sold to those retail stores commonly considered and referred to in the industry as "Warehouse Clubs" (such as Price Club, Sam's Warehouse, Pace, Costco, ▇.▇.'s) so long as the total Net Shipment volume of Licensed Product sold to such "Warehouse Clubs" does not exceed twenty five percent (25%)

EXPLOITATION BY LICENSEE. a. LICENSEE agrees to commence, and diligently continue thereafter, the distribution, shipment and sale of each category of the Licensed Product in commercially reasonable quantities in the Territory on or before the respective distribution date set forth next to each category of the Licensed Product described in item 2 of the attached License Agreement Detail Schedule. b. LICENSEE agrees that the Licensed Product will be sold, shipped and distributed outright, at a competitive price DETERMINED BY determined by LICENSEE, and not on an approval, tie-in, consignment, or "sale or return" basis. LICENSEE further agrees that the Licensed Product will only be KNOWINGLY knowingly sold to retailers, jobbers, wholesalers and distributors for sale, shipment and distribution to retail stores and merchants commonly considered and referred to in the industry as MODERATE OR BETTER moderate or better department stores and specialty stores for sale, shipment and distribution direct to the public. Notwithstanding the foregoing to the contrary, LICENSOR agrees that the Licensed Product may also be sold to those retail stores commonly considered and referred to in the industry as "Warehouse Clubs" (such as Price Club, Sam's Warehouse, Pace, Costco, ▇.▇.'s) * so long as the total Net Shipment volume of Licensed Product sold to such "Warehouse Clubs" does not exceed twenty five percent (25%)) of LICENSEE's annual Net Shipment volume. * The manner and scope of the distribution of the Licensed Product, availability, variety, fabrication, colors and sizes are critical to the promotion, enhancement and protection of the Trademarks and their associated goodwill. * * Text omitted pursuant to a request for confidential treatment and filed separately with the Securities and Exchange Commission. b. Text omitted pursuant to a request for confidential treatment and filed separately with the Securities and Exchange Commission.

EXPLOITATION BY LICENSEE. a. LICENSEE agrees to commence, and diligently continue thereafter, the distribution, shipment and sale of each category of the Licensed Product in commercially reasonable quantities in the Territory on or before the respective distribution date set forth next to each category of the Licensed Product described in item 2 of the attached License Agreement Detail Schedule. b. LICENSEE agrees that the Licensed Product will be sold, shipped and distributed outright, at a competitive price DETERMINED BY LICENSEE, and not on an approval, tie-in, consignment, or "sale or return" basis. LICENSEE further agrees that the Licensed Product will only be KNOWINGLY sold to retailers, jobbers, wholesalers and distributors for sale, shipment and distribution to retail stores and merchants commonly considered and referred to in the industry as MODERATE OR BETTER department stores and specialty stores for sale, shipment and distribution direct to the public. Notwithstanding the foregoing to the contrary, LICENSOR agrees that the Licensed Product may also be sold to those retail stores commonly considered and referred to in the industry as "Warehouse Clubs" (such as Price Club, Sam's Warehouse, Pace, Costco, ▇.▇.'s) * so long as the total Net Shipment volume of Licensed Product sold to such "Warehouse Clubs" does not exceed twenty five percent (25%)) * Text omitted pursuant to a request for confidential treatment and filed separately with the Securities and Exchange Commission.