Common use of SAMPLES AND INSPECTION Clause in Contracts

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.