Common use of FUTURE USE Clause in Contracts

FUTURE USE. The Parties agree that it is not in their best interests for both Parties to continue to use the Common Xxxx indefinitely. Therefore, subject to Section 3.2(f) below, SpinCo agrees that it will cease any and all use of the Common Xxxx, regardless of the goods or services of use, no later than the end of the SpinCo Use Term. After this date, SpinCo will cease all use of the Common Xxxx and will take no further action to renew, prosecute or otherwise maintain any trademark application or registration for the Common Xxxx or any xxxx incorporating the distinctive graphical elements thereof. Notwithstanding this section: (i) SpinCo shall not be liable for, and shall not be required to take any action with respect to, any products or packaging manufactured by SpinCo and bearing the Common Xxxx that were sold or distributed by SpinCo prior to the end of the SpinCo Use Term even though such products may remain in the stream of commerce following the end of the SpinCo Use Term; and (ii) SpinCo shall not be required to cease use of the Common Xxxx at the end of the SpinCo Use Term, and shall be entitled to continue use of the Common Xxxx following the end of the SpinCo Use Term pursuant to a continuing royalty-free license, if, prior to the end of the SpinCo Use Term, Manitowoc ParentCo is required to cease use of the Common Xxxx pursuant to Section 3.2(f) below.

Appears in 4 contracts

Samples: Intellectual Property Matters Agreement, Intellectual Property Matters Agreement (Manitowoc Foodservice, Inc.), Intellectual Property Matters Agreement (Manitowoc Co Inc)

AutoNDA by SimpleDocs
Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!