DESIGNATION AND DELETION OF CORE PRODUCTS. 1. From time to time after the date hereof, to the extent that Licensor determines that consumers have come to expect that one or more of the Additional Products and Additional Services described on Exhibit D, as amended from time to time, are commonly offered as a part of any offering of nationwide, dependable, high quality telecommunications services or are otherwise fundamental to the achievement or maintenance of the National Brand Goal, Licensor may, upon six (6) months written notice to Licensee, amend Exhibit D hereto to designate those Additional Products and Additional Services as "Core Products" and may further designate an effective date for such designation. However, nationwide call delivery and nationwide roaming as further described on Exhibit D are existing required Core Products, and need not be further designated as such pursuant to this Section III.H.1. 2. From and after the effective date of any designation of an Additional Product or Additional Service as a Core Product, Licensee shall offer such Additional Service or Additional Product under the specified Marks on a good faith commercial basis in substantially all of the Licensed Territory, or shall have adopted and provided to Licensor in writing a good faith plan acceptable to Licensor for doing so promptly. Licensee shall promote using the specified Marks and make all the Core Products available to its customers and to the public generally in the Licensed Territory, in connection with promoting and making the Primary Services available and shall not discriminate in terms of price, availability or promotional efforts in favor of similar products or services designated by other trademarks or service marks. Upon Licensor's request. Licensee shall promptly provide a copy of its plans for offering any Core Products under the specified Marks which it does not then offer. 3. In the event that Licensee shall fail to comply with its obligations under Section III.1.2 above, or shall fail within six (6) months of the effectiveness of the designation of any Additional Product or Additional Service as a Core Product to offer (or plan to offer pursuant to a plan submitted to and approved by Licensor and promptly thereafter implemented by Licensee) such Core Product under the specified Marks in good faith, on a nondiscriminatory, commercial basis in substantially all of the Licensed Territory, Licensor shall be entitled to immediately amend Exhibit D hereto to delete therefrom the Core Products not being offered by Licensee under the specified Marks on a good faith, nondiscriminatory, commercial basis in substantially all of the Licensed Territory, and shall be entitled to use or license others to use the Marks in connection with such Core Products in the Licensed Territory. With respect to the existing Core Products of nationwide call delivery and nationwide roaming as further described in Exhibit D, Licensor shall also be entitled to terminate this License Agreement pursuant to Section XI.D. if, within six (6) months from the Effective Date, such Core Products are not being offered by Licensee under the specified Marks on a good faith, nondiscriminatory, commercial basis in substantially all of the Licensed Territory.
Appears in 4 contracts
Samples: License Agreement (Dobson Sygnet Communications Co), License Agreement (Dobson Sygnet Communications Co), License Agreement (Dobson Sygnet Communications Co)
DESIGNATION AND DELETION OF CORE PRODUCTS. 1. From time to time after the date hereof, to the extent that Licensor determines that consumers have come to expect that one or more of the Additional Products and Additional Services described on Exhibit D, as amended from time to time, are commonly offered as a part of any offering of nationwide, dependable, high quality telecommunications services or are otherwise fundamental to the achievement or maintenance of the National Brand Goal, Licensor may, upon six (6) months written notice to Licensee, amend Exhibit D hereto to designate those Additional Products and Additional Services as "Core Products" and may further designate an effective date for such designation. However, nationwide call delivery and nationwide roaming as further described on Exhibit D are existing required Core Products, and need not be further designated as such pursuant to this Section III.H.1.
2. From and after the effective date of any designation of an Additional Product or Additional Service as a Core Product, Licensee shall offer such Additional Service or Additional Product under the specified Marks on a good faith commercial basis in substantially all of the Licensed Territory, or shall have adopted and provided to Licensor in writing a good faith plan acceptable to Licensor for doing so promptly. Licensee shall promote using the specified Marks and make all the Core Products available to its customers and to the public generally in the Licensed Territory, in connection with promoting and making the Primary Services available and shall not discriminate in terms of price, availability or promotional efforts in favor of similar products or services designated by other trademarks or service marks. Upon Licensor's request. , Licensee shall promptly provide a copy of its plans for offering any Core Products under the specified Marks which it does not then offer.
3. In the event that Licensee shall fail to comply with its obligations under Section III.1.2 III.I.2 above, or shall fail within six (6) months of the effectiveness of the designation of any Additional Product or Additional Service as a Core Product to offer (or plan to offer pursuant to a plan submitted to and approved by Licensor and promptly thereafter implemented by Licensee) such Core Product under the specified Marks in good faith, on a nondiscriminatory, commercial basis in substantially all of the Licensed Territory, Licensor shall be entitled to immediately amend Exhibit D hereto to delete therefrom the Core Products not being offered by Licensee under the specified Marks on a good faith, nondiscriminatory, commercial basis in substantially all of the Licensed Territory, and shall be entitled to use or license others to use the Marks in connection with such Core Products in the Licensed Territory. With respect to the existing Core Products of nationwide call delivery and nationwide roaming as further described in Exhibit D, Licensor shall also be entitled to terminate this License Agreement pursuant to Section XI.D. if, within six (6) months from the Effective Date, such Core Products are not being offered by Licensee under the specified Marks on a good faith, nondiscriminatory, commercial basis in substantially all of the Licensed Territory.
Appears in 2 contracts
Samples: Cellular One License Agreement (Dobson Communications Corp), License Agreement (Dobson Sygnet Communications Co)
DESIGNATION AND DELETION OF CORE PRODUCTS. 1. From time to time after the date hereof, to the extent that Licensor determines that consumers have come to expect that one or more of the Additional Products and Additional Services described on Exhibit D, as amended from time to time, are commonly offered as a part of any offering of nationwide, dependable, high quality telecommunications services or are otherwise fundamental to the achievement attainment or maintenance of the National Brand Goal, Licensor may, upon six (6) months written notice to Licensee, amend Exhibit D hereto to designate those Additional Products and Additional Services as "Core Products" and may further designate an effective date for such designation. However, nationwide call delivery and nationwide roaming as further described on Exhibit D are existing required Core Products, and need not be further designated as such pursuant to this Section III.H.1.
2. From and after the effective date of any designation of an Additional Product or Additional Service as a Core Product, Licensee shall offer such Additional Service or Additional Product under the specified Marks on a good faith commercial basis in substantially all of the Licensed Territory, or shall have adopted and provided to Licensor in writing a good faith plan acceptable to Licensor for doing so promptly. Licensee shall promote using the specified Cellular One Group License Agreement 16 10/18/99 Marks and make all the Core Products available to its customers and to the public generally in the Licensed Territory, in connection with promoting and making the Primary Services available and shall not discriminate in terms of price, availability or promotional efforts in favor of similar products or services designated by other trademarks or service marks. Upon Licensor's request. , Licensee shall promptly provide a copy of its plans for offering any Core Products under the specified Marks which it does not then offer.
3. In the event that Licensee shall fail to comply with its obligations under Section III.1.2 III.I.2 above, or shall fail within six (6) months of the effectiveness of the designation of any Additional Product or Additional Service as a Core Product to offer (or plan to offer pursuant to a plan submitted to and approved by Licensor and promptly thereafter implemented by Licensee) such Core Product under the specified Marks in good faith, on a nondiscriminatory, commercial basis in substantially all of the Licensed Territory, Licensor shall be entitled to immediately amend Exhibit D hereto to delete therefrom the Core Products not being offered by Licensee under the specified Marks on a good faith, nondiscriminatory, commercial basis in substantially all of the Licensed Territory, and shall be entitled to use or license others to use the Marks in connection with such Core Products in the Licensed Territory. With respect to the existing Core Products of nationwide call delivery and nationwide roaming as further described in Exhibit D, Licensor shall also be entitled to terminate this License Agreement pursuant to Section XI.D. if, within six (6) months from the Effective Date, such Core Products are not being offered by Licensee under the specified Marks on a good faith, nondiscriminatory, commercial basis in substantially all of the Licensed Territory.
Appears in 2 contracts
Samples: License Agreement (Dobson Sygnet Communications Co), License Agreement (Dobson Sygnet Communications Co)
DESIGNATION AND DELETION OF CORE PRODUCTS. 1. From time to time after the date hereof, to the extent that Licensor determines that consumers have come to expect that one or more of the Additional Products and Additional Services described on Exhibit D, as amended from time to time, are commonly offered as a part apart of any offering of nationwide, dependable, high quality telecommunications services or are otherwise fundamental to the achievement attainment or maintenance of the National Brand Goal, Licensor may, upon six (6) months written notice to Licensee, amend Exhibit D hereto to designate those Additional Products and Additional Services as "Core Products" and may further designate an effective date for such designation. However, nationwide call delivery and nationwide roaming as further described on Exhibit D are existing required Core Products, and need not be further designated as such pursuant to this Section III.H.1.. CELLULAR ONE GROUP LICENSE AGREEMENT 16 12/2/99
2. From and after the effective date of any designation of an Additional Product or Additional Service as a Core Product, Licensee shall offer such Additional Service or Additional Product under the specified Marks on a good faith commercial basis in substantially all of the Licensed Territory, or shall have adopted and provided to Licensor in writing a good faith plan acceptable to Licensor for doing so promptly. Licensee shall promote using the specified Marks and make all the Core Products available to its customers and to the public generally in the Licensed Territory, in connection with promoting and making the Primary Services available and shall not discriminate in terms of price, availability or promotional efforts in favor of similar products or services designated by other trademarks or service marks. Upon Licensor's request. , Licensee shall promptly provide a copy of its plans for offering any Core Products under the specified Marks which it does not then offer.
3. In the event that Licensee shall fail to comply with its obligations under Section III.1.2 III.I.2 above, or shall fail within six (6) months of the effectiveness of the designation of any Additional Product or Additional Service as a Core Product to offer (or plan to offer pursuant to a plan submitted to and approved by Licensor and promptly thereafter implemented by Licensee) such Core Product under the specified Marks in good faith, on a nondiscriminatory, commercial basis in substantially all of the Licensed Territory, Licensor shall be entitled to immediately amend Exhibit D hereto to delete therefrom the Core Products not being offered by Licensee under the specified Marks on a good faith, nondiscriminatory, commercial basis in substantially all of the Licensed Territory, and shall be entitled to use or license others to use the Marks in connection with such Core Products in the Licensed Territory. With respect to the existing Core Products of nationwide call delivery and nationwide roaming as further described in Exhibit D, Licensor shall also be entitled to terminate this License Agreement pursuant to Section XI.D. if, within six (6) months from the Effective Date, such Core Products are not being offered by Licensee under the specified Marks on a good faith, nondiscriminatory, commercial basis in substantially all of the Licensed Territory.
Appears in 1 contract
Samples: License Agreement (Dutchess County Cellular Telephone Co Inc)