Common use of GEOGRAPHIC SCOPE OF AGREEMENT Clause in Contracts

GEOGRAPHIC SCOPE OF AGREEMENT. ▇. ▇▇▇▇▇▇ acknowledges that * owns extensive trademark rights relating to the word BOSS both within and outside of the United States. ▇▇▇▇▇▇ does not and shall not own, or purport to own, any trademark rights relating to the word BOSS outside of the United States. ▇. ▇▇▇▇▇▇ agrees that it will not sell or offer for sale or resale ▇▇▇▇▇▇ Trademark Products anywhere in the world other than in the United States. ▇▇▇▇▇▇ shall not sell or cause to be sold, directly or indirectly, any ▇▇▇▇▇▇' Trademark Products to any party which ▇▇▇▇▇▇ knows, or has reason to know, has resold or distributed, is reselling or distributing, or is likely to resell or distribute such ▇▇▇▇▇▇' Trademark Products (i) outside of the United States; or (ii) as duty free merchandise. Within thirty (30) days after the Effective Date of this Agreement and thereafter from time to time as is reasonable, ▇▇▇▇▇▇ shall advise each of its customers (other than consumers or other end users) in writing of the restrictions on such sales. c. The parties agree that ▇▇▇▇▇▇ may sell ▇▇▇▇▇▇' Trademark Products to the United States military solely for resale on United States military installations in the United States. In making such sales, ▇▇▇▇▇▇ shall seek to obtain agreement from ▇▇▇▇▇▇' United States military customers that ▇▇▇▇▇▇' Trademark Products will not be sold in United States military installations outside the United States ("Military Agreement"). (i) If ▇▇▇▇▇▇ is unable to obtain a Military Agreement with any military customer, or if the obtaining of any such Military Agreement substantially adversely affects ▇▇▇▇▇▇' ability to make military sales in the United States, then ▇▇▇▇▇▇ shall promptly notify *. Any such notice by ▇▇▇▇▇▇ shall include a written explanation and documentation of all efforts by ▇▇▇▇▇▇ to obtain such agreement and shall include (1) data disclosing ▇▇▇▇▇▇' sales of ▇▇▇▇▇▇' Trademark Products to the military customer(s) at issue during the immediate prior 12-month period, (2) projected sales of ▇▇▇▇▇▇' Trademark Products over the next 12-month period, (3) the basis for ▇▇▇▇▇▇' belief that obtaining such an agreement will substantially adversely affect ▇▇▇▇▇▇' military sales, and (4) all information known or reasonably available to ▇▇▇▇▇▇ about sales of ▇▇▇▇▇▇' Trademark Products by the military customer(s) at U.S. military installations outside the United States. (ii) Upon receipt of such notice and at * request, the parties shall meet and confer within five (5) business days, to agree upon any further steps to be taken by ▇▇▇▇▇▇ to obtain the Military Agreement. Thereafter, absent an agreement between the parties on this issue, or in the event such steps as may be agreed upon do not result in a Military Agreement and ▇▇▇▇▇▇ does not agree to discontinue sales of ▇▇▇▇▇▇' Trademark Products to any such military customer, * * Text omitted pursuant to a request for confidential treatment and filed separately with the Securities and Exchange Commission.

GEOGRAPHIC SCOPE OF AGREEMENT. ▇. ▇▇▇▇▇▇ acknowledges that * HUGO BOSS owns extensive trademark rights relating to the word BOSS both within and outside of the United States. ▇▇▇▇▇▇ does not and shall not own, or purport to own, any trademark rights relating to the word BOSS outside of the United States. ▇. ▇▇▇▇▇▇ agrees that it will not sell or offer for sale or resale ▇▇▇▇▇▇ Trademark Products anywhere in the world other than in the United States. ▇▇▇▇▇▇ shall not sell or cause to be sold, directly or indirectly, any ▇▇▇▇▇▇' Trademark Products to any party which ▇▇▇▇▇▇ knows, or has reason to know, has resold or distributed, is reselling or distributing, or is likely to resell or distribute such ▇▇▇▇▇▇' Trademark Products (i) outside of the United States; or (ii) as duty free merchandise. Within thirty (30) days after the Effective Date of this Agreement and thereafter from time to time as is reasonable, ▇▇▇▇▇▇ shall advise each of its customers (other than consumers or other end users) in writing of the restrictions on such sales. c. The parties agree that ▇▇▇▇▇▇ may sell ▇▇▇▇▇▇' Trademark Products to the United States military solely for resale on United States military installations in the United States. In making such sales, ▇▇▇▇▇▇ shall seek to obtain agreement from ▇▇▇▇▇▇' United States military customers that ▇▇▇▇▇▇' Trademark Products will not be sold in United States military installations outside the United States ("Military Agreement"). (i) If ▇▇▇▇▇▇ is unable to obtain a Military Agreement with any military customer, or if the obtaining of any such Military Agreement substantially adversely affects ▇▇▇▇▇▇' ability to make military sales in the United States, then ▇▇▇▇▇▇ shall promptly notify *HUGO BOSS. Any such notice by ▇▇▇▇▇▇ shall include a written explanation and documentation of all efforts by ▇▇▇▇▇▇ to obtain such agreement and shall include (1) data disclosing ▇▇▇▇▇▇' sales of ▇▇▇▇▇▇' Trademark Products to the military customer(s) at issue during the immediate prior 12-month period, (2) projected sales of ▇▇▇▇▇▇' Trademark Products over the next 12-month period, (3) the basis for ▇▇▇▇▇▇' belief that obtaining such an agreement will substantially adversely affect ▇▇▇▇▇▇' military sales, and (4) all information known or reasonably available to ▇▇▇▇▇▇ about sales of ▇▇▇▇▇▇' Trademark Products by the military customer(s) at U.S. military installations outside the United States. (ii) Upon receipt of such notice and at * HUGO BOSS' request, the parties shall meet and confer within five (5) business days, to agree upon any further steps to be taken by ▇▇▇▇▇▇ to obtain the Military Agreement. Thereafter, absent an agreement between the parties on this issue, or in the event such steps as may be agreed upon do not result in a Military Agreement and ▇▇▇▇▇▇ does not agree to discontinue sales of ▇▇▇▇▇▇' Trademark Products to any such military customer, * * Text omitted pursuant HUGO BOSS may initiate arbitration under the principles set forth in Exhibit F1. In any such proceeding, the arbiter shall decide whether ▇▇▇▇▇▇ shall be permitted to continue selling ▇▇▇▇▇▇' Trademark Products to the military customer(s), absent a request for confidential treatment and filed separately with 4 (iii) Notwithstanding the Securities and Exchange Commissionforegoing or the decision of any arbitration, nothing in this agreement shall prevent HUGO BOSS from fully enforcing all of its rights to prevent the unauthorized sale of products bearing Hugo Boss' Marks at any U.S. military installation outside the United States or elsewhere outside the United States.