Common use of Form of Use Clause in Contracts

Form of Use. Section 4.1. Licensee hereby acknowledges and agrees that its use of the Licensed Trademarks shall be subject to all times during the Term to the reasonable control of Licensor in order for Licensor to maintain the consistent standard of quality associated with the Licensed Trademarks. Licensee will preserve the good appearance of the Licensed Trademarks wherever and whenever they are used and shall not use any Licensed Trademark in a manner which is likely to derogate from the integrity, distinctiveness, goodwill, value or strength of such Licensed Trademark. Section 4.2. From time to time, Licensor may determine that a previously published use of the Licensed Trademarks by Licensee may threaten the value of the Licensed Trademarks, or is otherwise inconsistent with Licensor's quality standards. Upon written notice from Licensor, Licensee shall implement Licensor's directions regarding the proper use of the Licensed Trademarks as promptly as practicable using its best efforts and, in any event, within thirty (30) days. Section 4.3. Except as required by law, Licensee agrees not to use the Licensed Trademarks in connection or combination with any other third-party trademarks, names or logotypes, without Licensor's prior written approval, such approval not to be withheld unreasonably. Licensee shall at no time adopt or use any variation of the Licensed Trademarks or any word or marks confusingly similar thereto without Licensor's prior written approval. Section 4.4. Licensee shall not take any action to cause an abandonment or forfeiture of any of Licensor's rights in the Licensed Trademarks and shall not take any action to cancel any registration in the United States or elsewhere of any Licensed Trademark in the name of Licensor or to interfere with any renewal of any such registration. Licensee shall reasonably cooperate with and shall not oppose any application by or on behalf of Licensor to register or renew any federal or state registration of any Licensed Trademark in the United States or elsewhere.

Form of Use. Section 4.1. Licensee hereby acknowledges and agrees that its use of ----------- the Licensed Trademarks shall be subject to at all times during the Term to the reasonable control of Licensor (subject to guidelines submitted by Licensor to Licensee) in order for Licensor to maintain the consistent standard of quality associated with the Licensed Trademarks. Licensee will preserve the good appearance of the Licensed Trademarks wherever and whenever they are used and shall not use any Licensed Trademark in a manner which is likely to derogate from the integrity, distinctiveness, goodwill, value or strength of such Licensed Trademark. Section 4.2. From time to time, Licensor may determine that a ----------- previously published use of the Licensed Trademarks by Licensee may threaten the value of the Licensed Trademarks, or is otherwise inconsistent with Licensor's quality standards. Upon written notice from Licensor, Licensee shall implement Licensor's directions regarding the proper use of the Licensed Trademarks as promptly as practicable using its best efforts and, in any event, within thirty sixty (3060) days. Section 4.3. Except as required by law, Licensee agrees not to use ----------- the Licensed Trademarks in connection or combination with any other third-party trademarks, names or logotypes, without Licensor's prior written approval, such approval not to be withheld unreasonably. Licensee shall at no time adopt or use any variation of the Licensed Trademarks or any word or marks confusingly similar thereto without Licensor's prior written approval. Section 4.4. Licensee shall not take any action sufficiently use the Licensed Trademarks ----------- in each jurisdiction in the Territory so as to cause an abandonment or forfeiture of any of protect their current validity and/or Licensor's rights therein in each applicable jurisdiction. From time to time, upon Licensor's reasonable request, Licensee shall provide Licensor with evidence of such use. Licensee shall immediately notify Licensor if it has not used the Licensed Trademarks and shall not take in any action to cancel any registration in applicable jurisdiction for a period of time such that the United States or elsewhere non-use might jeopardize the validity of any Licensed Trademark and/or Licensor's rights therein. After receipt of such notice, Licensor and Licensee shall confer promptly in good faith to discuss the best course of action. If Licensee is unable to cure its non-use sufficiently promptly so as to prevent jeopardizing the validity of the Licensed Trademark and/or Licensor's rights therein, Licensor shall be allowed itself to use the applicable Licensed Trademarks in the name Territory, but only to the extent necessary to preserve and safeguard the validity of the Licensed Trademark and/or Licensor's rights therein until Licensee is able to resume its own use of the applicable Licensed Trademarks. Section 4.5. If Licensee desires to (i) adopt new cartons, packaging ----------- or labels in which the placement or use of the Licensed Trademarks, package design or trade dress is materially different from that used by Licensor on the Products existing as of the date hereof, or (ii) manufacture, process and/or sell new food items included in the definition of Products bearing the Licensed Trademarks, Licensee shall submit to Licensor or an individual designated by Licensor for this purpose ("Licensor's License Coordinator") at least one (1) representative sample of each such new carton, packaging or label for Licensor's prior written approval, which approval shall not be unreasonably withheld. If Licensee does not receive a response within thirty (30) days of submission to interfere with any renewal of any Licensor, such registrationplacement, packaging and/or trade dress shall be deemed approved. Licensee shall reasonably cooperate not use such new materials or manufacture, process or sell such new food items in connection with and shall not oppose any application by the Licensed Trademarks unless Licensor has granted its prior written approval or on behalf of Licensor to register or renew any federal or state registration of any Licensed Trademark in the United States or elsewhereabove approval period has expired without response.

Form of Use. Section 4.1. Licensee Sublicensee hereby acknowledges and agrees that its use of the Licensed Trademarks shall be subject to at all times during the Term to the reasonable control of Licensor Sublicensor in order for Licensor Sublicensor to maintain the consistent standard of quality associated with the Licensed Trademarks. Licensee Sublicensee will preserve the good appearance of the Licensed Trademarks wherever and whenever they are used and shall not use any Licensed Trademark in a manner which is likely to derogate from the integrity, distinctiveness, goodwill, value or strength of such Licensed Trademark.derogate Section 4.2. From time to time, Licensor Sublicensor may determine that a previously published use of the Licensed Trademarks by Licensee Sublicensee may threaten the value of the Licensed Trademarks, or is otherwise inconsistent with LicensorSublicensor's quality standards. Upon written notice from LicensorSublicensor, Licensee Sublicensee shall implement LicensorSublicensor's directions regarding the proper use of the Licensed Trademarks as promptly as practicable using its best efforts and, in any event, within thirty (30) days. Section 4.3. Except as required by law, Licensee Sublicensee agrees not to use the Licensed Trademarks in connection or combination with any other third-party trademarks, names or logotypes, without LicensorSublicensor's prior written approval, such approval not to be withheld unreasonably. Licensee Sublicensee shall at no time adopt or use any variation of the Licensed Trademarks or any word or marks confusingly similar thereto without LicensorSublicensor's prior written approval. Section 4.4. Licensee Sublicensee shall not take any action to cause an abandonment or forfeiture of any of LicensorSublicensor's or Owner's rights in the Licensed Trademarks and shall not take any action to cancel any registration in the United States or elsewhere Territory of any Licensed Trademark in the name of Licensor Sublicensor or Owner or to interfere with any renewal of any such registration. Licensee Sublicensee shall reasonably cooperate with and shall not oppose any application by or on behalf of Licensor Sublicensor or Owner to register or renew any federal or state registration of any Licensed Trademark in the United States or elsewhere.register

Form of Use. Section 4.1. Licensee hereby acknowledges and agrees that its use of ----------- the Licensed Trademarks shall be subject to at all times during the Term to the reasonable control of Licensor (subject to guidelines submitted by Licensor to Licensee) in order for Licensor to maintain the consistent standard of quality associated with the Licensed Trademarks. Licensee will preserve the good appearance of the Licensed Trademarks wherever and whenever they are used and shall not use any Licensed Trademark in a manner which is likely to derogate from the integrity, distinctiveness, goodwill, value or strength of such Licensed Trademark. Section 4.2. From time to time, Licensor may determine that a ----------- previously published use of the Licensed Trademarks by Licensee may threaten the value of the Licensed Trademarks, or is otherwise inconsistent with Licensor's quality standards. Upon written notice from Licensor, Licensee shall implement Licensor's directions regarding the proper use of the Licensed Trademarks as promptly as practicable using its best efforts and, in any event, within thirty sixty (3060) days. Section 4.3. Except as required by law, Licensee agrees not to use ----------- the Licensed Trademarks in connection or combination with any other third-party trademarks, names or logotypes, or any of Licensee's trademarks other than the permitted Licensee trademarks listed on Appendix E, without Licensor's prior ---------- written approval. Should Licensee assign this Agreement in connection with the sale of the entire Business pursuant to Section 10.1, such approval not to be withheld unreasonably. assignee's trademarks shall replace Licensee's permitted trademarks on Appendix E. Licensee shall at ---------- no time adopt or use any variation of the Licensed Trademarks or any word or marks confusingly similar thereto without Licensor's prior written approval. Section 4.4. Licensee shall not take any action sufficiently use the Licensed Trademarks ----------- in each jurisdiction in the Territory so as to cause an abandonment or forfeiture of any of protect their current validity and/or Licensor's rights therein in each applicable jurisdiction. From time to time, upon Licensor's reasonable request, Licensee shall provide Licensor with evidence of such use. Licensee shall immediately notify Licensor if it has not used the Licensed Trademarks and shall not take in any action to cancel any registration in applicable jurisdiction for a period of time such that the United States or elsewhere non-use might jeopardize the validity of any Licensed Trademark and/or Licensor's rights therein. After receipt of such notice, Licensor and Licensee shall confer promptly in good faith to discuss the best course of action. If Licensee is unable to cure its non-use sufficiently promptly so as to prevent jeopardizing the validity of the Licensed Trademark and/or Licensor's rights therein, Licensor shall be allowed itself to use the applicable Licensed Trademarks in the name Territory, but only to the extent necessary to preserve and safeguard the validity of the Licensed Trademark and/or Licensor's rights therein until Licensee is able to resume its own use of the applicable Licensed Trademarks. Section 4.5. If Licensee desires to (i) adopt new cartons, packaging ----------- or labels in which the placement or use of the Licensed Trademarks, package design or trade dress is materially different from that used by Licensor on the Products existing as of the date hereof, or (ii) manufacture, process and/or sell new food items included in the definition of Products bearing the Licensed Trademarks, Licensee shall submit to Licensor or an individual designated by Licensor for this purpose ("Licensor's License Coordinator") at least one (1) representative sample of each such new carton, packaging or label for Licensor's prior written approval, which approval shall not be unreasonably withheld. If Licensee does not receive a response within thirty (30) days of submission to interfere with any renewal of any Licensor, such registrationplacement, packaging and/or trade dress shall be deemed approved. Licensee shall reasonably cooperate not use such new materials or manufacture, process or sell such new food items in connection with and shall not oppose any application by the Licensed Trademarks unless Licensor has granted its prior written approval or on behalf of Licensor to register or renew any federal or state registration of any Licensed Trademark in the United States or elsewhereabove approval period has expired without response.

Form of Use. Section 4.1. Licensee 6.1 Milk Products hereby acknowledges and agrees that its use of the Licensed Trademarks Sublicensed Marks shall be subject to all times during the Term to the reasonable control of Licensor in order for Licensor to maintain the consistent standard of quality associated with the Licensed TrademarksSublicensed Marks. Licensee Milk Products will preserve the good appearance of the Licensed Trademarks Sublicensed Marks wherever and whenever they are used and shall not use any Licensed Trademark in Sublicensed Mark xx a manner which is likely to derogate from the integrity, distinctiveness, goodwill, value or strength of such Licensed TrademarkSublicensed Mark. Section 4.2. 0.2 From time to time, Licensor may determine that a previously published use of the Licensed Trademarks Sublicensed Marks by Licensee Milk Products may threaten the value of the Licensed TrademarksSublicensed Marks, or is otherwise inconsistent with Licensor's quality standards. Upon written notice from Licensor, Licensee Milk Products shall implement Licensor's directions regarding the proper use of the Licensed Trademarks Sublicensed Marks as promptly as practicable using its best efforts and, in any event, within thirty (30) days. Section 4.3. 6.3 Except as required by law, Licensee Milk Products agrees not to use the Licensed Trademarks Sublicensed Marks in connection or combination with any other third-party trademarks, names or logotypes, without Licensor's prior written approval, such approval not to be withheld unreasonably. Licensee Milk Products shall at no time adopt or use any variation of the Licensed Trademarks Sublicensed Marks or any word or marks confusingly similar thereto without Licensor's prior written approval. Section 4.4. Licensee 6.4 Milk Products shall not take any action to cause an abandonment or forfeiture of any of Licensor's rights in the Licensed Trademarks Sublicensed Marks and shall not take any action to cancel any registration in the United States or elsewhere of any Licensed Trademark in Sublicensed Mark xx the name of Licensor or to interfere with any renewal of any such registration. Licensee Milk Products shall reasonably cooperate with and shall not oppose any application by or on behalf of Licensor to register or renew any federal or state registration of any Licensed Trademark in Sublicensed Mark xx the United States or elsewhere.

Form of Use. Section 4.1. Licensee hereby acknowledges and agrees that its use of ----------- the Licensed Trademarks shall be subject to at all times during the Term to the reasonable control of Licensor in order for Licensor to maintain the consistent standard of quality associated with the Licensed Trademarks. Licensee will preserve the good appearance of the Licensed Trademarks wherever and whenever they are used and shall not use any Licensed Trademark in a manner which is likely to derogate from the integrity, distinctiveness, goodwill, value or strength of such Licensed Trademark. Section 4.2. From time to time, Licensor may determine that a ----------- previously published use of the Licensed Trademarks by Licensee may threaten the value of the Licensed Trademarks, or is otherwise inconsistent with Licensor's quality standards. Upon written notice from Licensor, Licensee shall implement Licensor's directions regarding the proper use of the Licensed Trademarks as promptly as practicable using its best efforts and, in any event, within thirty (30) days. Section 4.3. Except as required by law, Licensee agrees not to use ----------- the Licensed Trademarks in connection or combination with any other third-party trademarks, names or logotypes, without Licensor's prior written approval, such approval not to be withheld unreasonably. Licensee shall at no time adopt or use any variation of the Licensed Trademarks or any word or marks confusingly similar thereto without Licensor's prior written approval. Section 4.4. Licensee shall not take any action to cause an ----------- abandonment or forfeiture of any of Licensor's rights in the Licensed Trademarks and shall not take any action to cancel any registration in the United States or elsewhere Territory of any Licensed Trademark in the name of Licensor or to interfere with any renewal of any such registration. Licensee shall reasonably cooperate with and shall not oppose any application by or on behalf of Licensor to register or renew any federal or state registration of any Licensed Trademark in the United States or elsewhereTerritory.