SAMPLES AND INSPECTION Clause Samples

SAMPLES AND INSPECTION. Licensee will supply Licensor, at Licensor’s request, with samples of the Ancillary Materials and any goods bearing the Riviera Marks. Licensee agrees to permit Licensor or its representative to conduct periodic inspections of the Black Hawk Casino in order to determine compliance with this Agreement. Notwithstanding the foregoing, Licensor’s receipt of sample Ancillary Materials and goods (or observation during an inspection of the Black Hawk Casino, goods, services or Ancillary Materials) that do not meet the Quality Standard or the Ancillary Materials Standard, as applicable, will: (i) not serve as notice to Licensor by Licensee that any goods or services fail to meet the Quality Standard or that any Ancillary Materials fail to meet the Ancillary Materials Standard and (ii) not act as a waiver if Licensor fails to notify Licensee concerning a failure to meet the Quality Standard or the Ancillary Materials Standard. If the quality of a particular good or service falls below the Quality Standard or if the quality of a particular Ancillary Material falls below the Ancillary Material Standard, Licensee shall use commercially reasonable efforts to restore such quality. In the event that Licensee has not taken appropriate steps to restore such quality within thirty (30) days after the earlier of: (i) written notification by Licensor or (ii) such time as Licensee otherwise becomes aware of such quality issue, Licensor shall have the right to remove such good, service or Ancillary Material from the scope of the license granted in this Agreement, and Licensee shall no longer be permitted to manufacture, perform, offer, market, distribute or use such good, service or Ancillary Material under the Riviera Marks. Nothing in the foregoing is intended to require prior approval of goods, services or Ancillary Materials under the Quality Standard or the Ancillary Materials Standard except as set forth in Section 5.

SAMPLES AND INSPECTION. 3.1 Company shall have the right on reasonable notice during business hours to visit any places under the control of TGB (or any Manufacturing Subcontractor) in order to inspect and take a reasonable amount of samples of approved Products then in production (“Production Samples”). Such Production Samples are to be made available to Company at the cost for such Production Samples. 3.2 Unless and until Company has given written approval for shipment of the Products following their final inspections, or in the event that Company has rejected such Products after such inspections, neither TGB nor any Manufacturing Subcontractor will directly or indirectly sell, ship or supply any of the rejected or unapproved Products to any person or entity at any time. With regard to such rejected or unapproved Products, TGB agrees to follow, and to require any Manufacturing Subcontractor to follow, the protocol set forth Section 6.2 herein for disposal of such Products. 3.3 All Confidential Information delivered or provided by one party (the “Disclosing Party”) to the other party ( the “Receiving Party”) at any time is and shall remain at all times the sole property of the Disclosing Party and shall be used by the Receiving Party exclusively for the limited purposes set forth in this Agreement. In no event shall either party disclose to any third party any Confidential Information of the other party or use Confidential Information of the other party for any purpose other than performance under this Agreement. All copies of such Confidential Information, including notes and related information, shall be promptly, fully and completely returned to the Disclosing Party at the termination and/or expiration of this Agreement, or at any other time when requested by the Disclosing Party. Neither party shall retain any copies or access to the Confidential Information, either in tangible, intangible form, including electronic, magnetic or optical copies of the same. TGB shall require all Manufacturing Subcontractors and any other permitted Subcontractors to agree to the same restrictions in favor of Company.

SAMPLES AND INSPECTION. 4.1 During the term of this Agreement. Purchaser may request Manufacturer to produce samples of any new Product to be manufactured and Manufacturer shall deliver such samples to Purchaser in accordance with the time schedule mutually agreed upon by Purchaser and Manufacturer. 4.2 For any samples requested by Purchaser, Purchaser shall pay Manufacturer the actual cost of manufacturing such samples. 4.3 Manufacturer shall strictly comply with Purchaser's instructions in the manufacture, finishing and packing of samples. 4.4 Purchaser and/or its authorized representative shall have the right at any time to visit any places under the control of Manufacturer (or its permitted sub-contractors) in order to inspect the manufacture of sample Products or sample Product components. 4.5 Unless and until Purchaser has given written approval for shipment of the samples following final inspection, or in the event that Purchaser has rejected such samples after inspection, Manufacturer will not supply any of the samples to any person whatsoever at any time. 4.6 Any new products and or prototypes made by the manufacturer will automatically be available to them as an additional product under this agreement.

SAMPLES AND INSPECTION. 3.1 GEAR shall have the right on reasonable notice during business hours to visit any places under the control of the MANUFACTURER (including those of its permitted Sub-contractors) in order to inspect and take a reasonable amount of samples of approved Footwear Products or components thereof then in production (Production Samples). Such Production Samples are to be made available to GEAR free of charge. 3.2 MANUFACTURER will not deliver or otherwise dispose of any Footwear Products whatsoever unless and until GEAR has given written approval for their shipment following their complete and final inspection.