Common use of Incidental Use Clause in Contracts

Incidental Use. 1. For the purposes of this License Agreement, the promotion, sale and delivery of Primary Services, the Core Products, Additional Services and Additional Products in accordance with this Section VI.C. shall be considered "Incidental Use" of the Marks. 2. During the Term, and subject to the other provisions of this License Agreement, Licensee shall be entitled to conduct its business of providing Primary Services, Core Products, Additional Services and Additional Products throughout the Licensed Territory, without the necessity of abandoning or failing to serve any part of the Licensed Territory because such business might become known to, or because Licensee might from time to time sell products or services to, persons or businesses resident or located outside of the Licensed Territory. Licensee shall not be prohibited by the terms of this License Agreement from promoting Primary Services outside of the Licensed Territory to the extent necessary to provide Primary Services in accordance with the Quality Standards throughout the Licensed Territory. In addition, except that Licensee shall not specifically direct its promotional activities to potential customers outside of the Licensed Territory, Licensee shall be entitled to utilize regional or other media in connection with promoting its Primary Services, Core Products, Additional Services and Additional Products within the Licensed Territory. Licensee shall not adopt.promotional pricing or otherwise seek to distribute Primary Services, Core Products, Additional Services or Additional Products outside of the Licensed Territory, but shall not be precluded from doing business with persons or entities it knows to be resident outside of the Licensed Territory. 3. This Section VI.C. does not entitle Licensee to utilize the Marks for products or services other than Primary Services, Core Products, Additional Services and Additional Products, nor does it allow use of the Marks by Licensee outside of the Licensed Territory except strictly in accordance with Section VI.C.2. above. Licensor shall have the sole right to restrict Licensee's Incidental Use of the Marks at any time and in such manner as Licensor shall determine necessary or appropriate to prevent such Incidental Use from breaching, infringing upon, or otherwise conflicting with, the rights of any other current or future licensee of the Xxxx(s). Licensee's Incidental Use of the Marks may also be restricted under Section VI.D. below, notwithstanding this Section VI.C., to avoid or mitigate Potential Customer Confusion (as subsequently defined).

Appears in 2 contracts

Samples: License Agreement (Dobson Sygnet Communications Co), License Agreement (Dobson Sygnet Communications Co)

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Incidental Use. 1. For the purposes of this License Agreement, the promotion, sale and delivery of Primary Services, the Core Products, Additional Services and Additional Products in accordance with this Section VI.C. shall be considered "Incidental Use" of the Marks. 2. During the Term, and subject to the other provisions of this License Agreement, Licensee shall be entitled to conduct its business of providing Primary Services, Core Products, Additional Services and Additional Products throughout the Licensed Territory, without the necessity of abandoning or failing to serve any part of the Licensed Territory because such business might become known to, or because Licensee might from time to time sell products or services to, persons or businesses resident or located outside of the Licensed Territory. Licensee shall not be prohibited by the terms of this License Agreement from promoting Primary Services outside of the Licensed Territory to the extent necessary to provide Primary Services in accordance with the Quality Standards throughout the Licensed Territory. In addition, except that Licensee shall not specifically direct its promotional activities to potential customers outside of the Licensed Territory, Licensee shall be entitled to utilize regional or other media in connection with promoting its Primary Services, Core Products, Additional Services and Additional Products within the CELLULAR ONE GROUP LICENSE AGREEMENT 37 12/2/99 Licensed Territory. Licensee shall not adopt.promotional adopt promotional pricing or otherwise seek to distribute Primary Services, Core Products, Additional Services or Additional Products outside of the Licensed Territory, but shall not be precluded from doing business with persons or entities it knows to be resident outside of the Licensed Territory. 3. This Section VI.C. does not entitle Licensee to utilize the Marks for products or services other than Primary Services, Core Products, Additional Services and Additional Products, nor does it allow use of the Marks by Licensee outside of the Licensed Territory except strictly in accordance with Section VI.C.2. above. Licensor shall have the sole right to restrict Licensee's Incidental Use of the Marks at any time and in such manner as Licensor shall determine necessary or appropriate to prevent such Incidental Use from breaching, infringing upon, or otherwise conflicting with, the rights of any other current or future licensee of the Xxxx(s). Licensee's Incidental Use of the Marks may also be restricted under Section VI.D. below, notwithstanding this Section VI.C., to avoid or mitigate Potential Customer Confusion (as subsequently defined).

Appears in 1 contract

Samples: License Agreement (Dutchess County Cellular Telephone Co Inc)

Incidental Use. 1. For the purposes of this License Agreement, the promotion, sale and delivery of Primary Services, the Core Products, Additional Services and Additional Products in accordance with this Section VI.C. shall be considered "Incidental Use" of the Marks. 2. During the Term, and subject to the other provisions of this License Agreement, Licensee shall be entitled to conduct its business of providing Primary Services, Core Products, Additional Services and Additional Products throughout the Licensed Territory, without the necessity of abandoning or failing to serve any part of the Licensed Territory because such business might become known to, or because Licensee might from time to time sell products or services to, persons or businesses resident or located outside of the Licensed Territory. Licensee shall not be prohibited by the terms of this License Agreement from promoting Primary Services outside of the Licensed Territory to the extent necessary to provide Primary Services in accordance with the Quality Standards throughout the Licensed Territory. In addition, except that Licensee shall not specifically direct its promotional activities to potential customers outside of the Licensed Territory, Licensee shall be entitled to utilize regional or other media in connection with promoting its Primary Services, Core Products, Additional Services and Additional Products within the Licensed Territory. Licensee shall not adopt.promotional pricing or otherwise seek to distribute Primary Services, Core Products, Additional Services or Additional Products outside of the Licensed Territory, but shall not be precluded from doing business with persons or entities it knows to be resident outside of the Licensed Territory. 3. This Section VI.C. does not entitle Licensee to utilize the Marks for products or services other than titan Primary Services, Core Products, Additional Services and Additional Products, nor does it allow use of the Marks by Licensee outside of the Licensed Territory except strictly in accordance with Section VI.C.2. above. Licensor shall have the sole right to restrict Licensee's Incidental Use of the Marks at any time and in such manner as Licensor shall determine necessary or appropriate to prevent such Incidental Use from breaching, infringing upon, or otherwise conflicting with, the rights of any other current or future licensee of the Xxxx(s). Licensee's Incidental Use of the Marks may also be restricted under Section VI.D. below, notwithstanding this Section VI.C., to avoid or mitigate Potential Customer Confusion (as subsequently defined).

Appears in 1 contract

Samples: License Agreement (Dobson Sygnet Communications Co)

Incidental Use. 1. For the purposes of this License Agreement, the promotion, sale and delivery of Primary Services, the Core Products, Additional Services and Additional Products in accordance with this Section VI.C. shall be considered "Incidental Use" of the Marks. 2. During the Term, and subject to the other provisions of this License Agreement, Licensee shall be entitled to conduct its business of providing Primary Services, Core Products, Additional Services and Additional Products throughout the Licensed Territory, without the necessity of abandoning or failing to serve any part of the Licensed Territory because such business might become known to, or because Licensee might from time to time sell products or services to, persons or businesses resident or located outside of the Licensed Territory. Licensee shall not be prohibited by the terms of this License Agreement from promoting Primary Services outside of the Licensed Territory to the extent necessary to provide Primary Services in accordance with the Quality Standards throughout the Licensed Territory. In addition, except that Licensee shall not specifically direct its promotional activities to potential customers outside of the Licensed Territory, Licensee shall be entitled to utilize regional or other media in connection with promoting its Primary Services, Core Products, Additional Services and Additional Products within the Licensed Territory. Licensee shall not adopt.promotional adopt promotional pricing or otherwise seek to distribute Primary Services, Core Products, Additional Services or Additional Products outside of the Licensed Territory, but shall not be precluded from doing business with persons or entities it knows to be resident outside of the Licensed Territory. 3. This Section VI.C. does not entitle Licensee to utilize the Marks for products or services other than tHan Primary Services, Core Products, Additional Services and Additional Products, nor does it allow use of the Marks by Licensee outside of the Licensed Territory except strictly in accordance with Section VI.C.2. above. Licensor shall have the sole right to restrict Licensee's Incidental Use of the Marks at any time and in such manner as Licensor shall determine necessary or appropriate to prevent such Incidental Use from breaching, infringing upon, or otherwise conflicting with, the rights of any other current or future licensee of the Xxxx(s). Licensee's Incidental Use of the Marks may also be restricted under Section VI.D. below, notwithstanding this Section VI.C., to avoid or mitigate Potential Customer Confusion (as subsequently defined).

Appears in 1 contract

Samples: License Agreement (Dobson Sygnet Communications Co)

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Incidental Use. 1. For the purposes of this License Agreement, the promotion, sale and delivery of Primary Services, the Core Products, Additional Services and Additional Products in accordance with this Section VI.C. shall be considered "Incidental Use" of the Marks. 2. During the Term, and subject to the other provisions of this License Agreement, Licensee shall be entitled to conduct its business of providing Primary Services, Core Products, Additional Services and Additional Products throughout the Licensed Territory, without the necessity of abandoning or failing to serve any part of the Licensed Territory because such business might become known to, or because Licensee might from time to time sell products or services to, persons or businesses resident or located outside of the Licensed Territory. Licensee shall not be prohibited by the terms of this License Agreement from promoting Primary Services outside of the Licensed Territory to the extent necessary to provide Primary Services in accordance with the Quality Standards throughout the Licensed Territory. In addition, except that Licensee shall not specifically direct its promotional activities to potential customers outside of the Licensed Territory, Licensee shall be entitled to utilize regional or other media in connection with promoting its Primary Services, Core Products, Additional Services and Additional Products within the Licensed Territory. Licensee shall not adopt.promotional adopt promotional pricing or otherwise seek to distribute Primary Services, Core Products, Additional Services or Additional Products outside of the Licensed Territory, but shall not be precluded from doing business with persons or entities it knows to be resident outside of the Licensed Territory. 3. This Section VI.C. does not entitle Licensee to utilize the Marks for products or services other than Primary Services, Core Products, Additional Services and Additional Products, nor does it allow use of the Marks by Licensee outside of the Licensed Territory except strictly in accordance with Section VI.C.2. above. Licensor shall have the sole right to restrict Licensee's Incidental Use of the Marks at any time and in such manner as Licensor shall determine necessary or appropriate to prevent such Incidental Use from breaching, infringing upon, or otherwise conflicting with, the rights of any other current or future licensee of the Xxxx(s). Licensee's Incidental Use of the Marks may also be restricted under under-Section VI.D. below, notwithstanding this Section VI.C., to avoid or mitigate Potential Customer Confusion (as subsequently defined).

Appears in 1 contract

Samples: Cellular One License Agreement (Dobson Communications Corp)

Incidental Use. 1. For the purposes of this License Agreement, the promotion, sale and delivery of Primary Services, the Core Products, Additional Services and Additional Products in accordance with this Section VI.C. shall be considered "Incidental Use" of the Marks. 2. During the Term, and subject to the other provisions of this License Agreement, Licensee shall be entitled to conduct its business of providing Primary Services, Core Products, Additional Services and Additional Products throughout the Licensed Territory, without the necessity of abandoning or failing to serve any part of the Licensed Territory because such business might become known to, or because Licensee might from time to time sell products or services to, persons or businesses resident or located outside of the Licensed Territory. Licensee shall not be prohibited by the terms of this License Agreement from promoting Primary Services outside of the Licensed Territory to the extent necessary to provide Primary Services in accordance with the Quality Standards throughout the Licensed Territory. In addition, except that Licensee shall not specifically direct its promotional activities to potential customers outside of the Licensed Territory, Licensee shall be entitled to utilize regional or other media in connection with promoting its Primary Services, Core Products, Additional Services and Additional Products within the Licensed Territory. Licensee shall not adopt.promotional adopt promotional pricing or otherwise seek to distribute Primary Services, Core Products, Additional Services or Additional Products outside of the Licensed Territory, but shall not be precluded from doing business with persons or entities it knows to be resident outside of the Licensed Territory. 3. This Section VI.C. does not entitle Licensee to utilize the Marks for products or services other than Primary Services, Core Products, Additional Services and Additional Products, nor does it allow use of the Marks by Licensee outside of the Licensed Territory except strictly in accordance with Section VI.C.2. above. Licensor shall have the sole right to restrict Licensee's Incidental Use of the Marks at any time and in such manner as Licensor shall determine necessary or appropriate to prevent such Incidental Use from breaching, infringing upon, or otherwise conflicting with, the rights of any other current or future licensee of the Xxxx(s). Licensee's Incidental Use of the Marks may also be restricted under Section VI.D. below, notwithstanding this Section VI.C., to avoid or mitigate Potential Customer Confusion (as subsequently defined).

Appears in 1 contract

Samples: License Agreement (Dobson Sygnet Communications Co)

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