Common use of ENFORCEMENT UPON FAILURE TO CURE Clause in Contracts

ENFORCEMENT UPON FAILURE TO CURE. If the noncompliance with the Trademark Usage Guidelines by Keysight or any Affiliate (as the case may be) remains uncured after the expiration of the Second Guideline Cure Period, then at Agilent’s election, Keysight or the non-complying Affiliate (as the case may be) promptly shall cease using the non-complying Corporate Identity Materials, Licensed Product, Collateral Materials and/or Marketing Materials until Agilent reasonably determines that Keysight or the non-complying Affiliate (as the case may be) has reasonably demonstrated its ability and commitment to comply with the Trademark Usage Guidelines. If the noncompliance with the Trademark Usage Guidelines by an Authorized Dealer remains uncured after the expiration of the Second Guideline Cure Period, then at Keysight’s election, such Authorized Dealer promptly shall cease using the non-complying Collateral Materials and/or Marketing Materials until Keysight determines that such Authorized Dealer has demonstrated its ability and commitment to comply with the Trademark Usage Guidelines. Nothing in this Article VI shall be deemed to limit Keysight’s obligations under Section 4.3 above or to preclude Agilent from exercising any rights or remedies under Section 4.3 above.

ENFORCEMENT UPON FAILURE TO CURE. If the noncompliance with the Trademark Usage Guidelines by Keysight BUYER or any Affiliate Subsidiary (as the case may be) remains uncured after the expiration of the Second Guideline Cure Period, then at Agilent’s election, Keysight BUYER or the non-complying Affiliate Subsidiary (as the case may be) promptly shall cease using the non-complying Corporate Identity Materials, Licensed BUYER Product, Collateral Materials and/or Marketing Materials until Agilent reasonably determines that Keysight BUYER or the non-complying Affiliate Subsidiary (as the case may be) has reasonably demonstrated its ability and commitment to comply with the Trademark Usage Guidelines. If the noncompliance with the Trademark Usage Guidelines by an Authorized Dealer remains uncured after the expiration of the Second Guideline Cure Period, then at KeysightBUYER’s election, such Authorized Dealer promptly shall cease using the non-complying Collateral Materials and/or Marketing Materials until Keysight BUYER determines that such Authorized Dealer has demonstrated its ability and commitment to comply with the Trademark Usage Guidelines. Nothing in this Article VI shall be deemed to limit KeysightBUYER’s obligations under Section 4.3 above or to preclude Agilent from exercising any rights or remedies under Section 4.3 above.