Common use of DISTRIBUTOR's Trademark Clause in Contracts

DISTRIBUTOR's Trademark. At the election of DISTRIBUTOR, SUPPLIER ----------------------- shall (a) identify DISTRIBUTOR as an "authorized distributor" of SUPPLIER, (b) affix to the Products and Pre-Commercial Units the General Electric Company trademark licensed to DISTRIBUTOR ("DISTRIBUTOR's Trademark") as directed by DISTRIBUTOR for the purpose of co-branding Products and Pre-Commercial Units sold by DISTRIBUTOR (i.e., affixing DISTRIBUTOR's Trademark to a Product or Pre- Commercial Unit that also bears the trademark of SUPPLIER), and (c) permit DISTRIBUTOR's marketing and selling of co-branded Products and Pre-Commercial Units. In the event that DISTRIBUTOR elects not to have SUPPLIER affix DISTRIBUTOR's Trademark to the Products and Pre-Commercial Units, DISTRIBUTOR will affix DISTRIBUTOR's Trademark to the Products and Pre- Commercial Units. DISTRIBUTOR shall use DISTRIBUTOR's Trademarks for display, promotional, or advertising purposes in connection with solicitation of orders for Products and Pre-Commercial Units from Customers in the Territory. The only Products and Pre-Commercial Units that may bear DISTRIBUTOR's Trademark are those that are sold by DISTRIBUTOR. SUPPLIER acknowledges that it is not authorized to use DISTRIBUTOR's Trademark for any purpose unless expressly permitted in writing to do so by DISTRIBUTOR. All resulting use of DISTRIBUTOR's Trademark shall inure solely to the benefit of General Electric Company. DISTRIBUTOR represents and warrants to SUPPLIER that (a) DISTRIBUTOR's Trademark is subject to and protected by United States trademark law; (b) to DISTRIBUTOR's knowledge, DISTRIBUTOR's Trademark is owned by General Electric Company, and DISTRIBUTOR has a valid license to use DISTRIBUTOR's Trademark; (c) to DISTRIBUTOR's knowledge, General Electric Company owns free and clear of any mortgage, security interest, financing statement, royalty obligation, lien, encumbrance, charge, option, equity or restriction, all right, title and interest in and to DISTRIBUTOR's Trademark set forth on Schedule F; and (d) to ---------- DISTRIBUTOR's knowledge, DISTRIBUTOR's Trademark does not infringe on any existing intellectual property right of any third party and is not invalid or unenforceable.

DISTRIBUTOR's Trademark. At the election of DISTRIBUTOR, SUPPLIER ----------------------- shall (a) identify DISTRIBUTOR as an "authorized distributor" of SUPPLIER, (b) affix to the Products and Pre-Commercial Units the General Electric Company trademark licensed to DISTRIBUTOR ("DISTRIBUTOR's Trademark") as directed by DISTRIBUTOR for the purpose of co-branding Products and Pre-Commercial Units sold by DISTRIBUTOR (i.e., affixing DISTRIBUTOR's Trademark to a Product or Pre- Commercial Unit that also bears the trademark of SUPPLIER), and (c) permit DISTRIBUTOR's marketing and selling Sale of co-branded Products and Pre-Commercial UnitsProducts. In the event that DISTRIBUTOR elects not to have SUPPLIER affix DISTRIBUTOR's Trademark to the Products and Pre-Commercial UnitsProducts, DISTRIBUTOR will affix DISTRIBUTOR's Trademark to the Products and Pre- Commercial UnitsProducts. DISTRIBUTOR shall use DISTRIBUTOR's Trademarks for display, promotional, or advertising purposes in connection with solicitation of orders for Products and Pre-Commercial Units from Customers in the Territory. The only Products and Pre-Commercial Units that may bear DISTRIBUTOR's Trademark are those that are sold by DISTRIBUTOR. SUPPLIER acknowledges that it is not authorized to use DISTRIBUTOR's Trademark for any purpose unless expressly permitted in writing to do so by DISTRIBUTOR. All resulting use of DISTRIBUTOR's Trademark shall inure solely to the benefit of General Electric Company. DISTRIBUTOR represents and warrants to SUPPLIER that (a) DISTRIBUTOR's Trademark is subject to and protected by United States trademark law; (b) to DISTRIBUTOR's knowledge, DISTRIBUTOR's Trademark is owned by General Electric Company, and DISTRIBUTOR has a valid license to use DISTRIBUTOR's Trademark; (c) to DISTRIBUTOR's knowledge, General Electric Company owns free and clear of any mortgage, security interest, financing statement, royalty obligation, lien, encumbrance, charge, option, equity or restriction, all right, title and interest in and to DISTRIBUTOR's Trademark set forth on Schedule F; and (d) to ---------- DISTRIBUTOR's knowledge, DISTRIBUTOR's Trademark does not infringe on any existing intellectual property right of any third party and is not invalid or unenforceable.