Common use of Infringement by Third Parties Clause in Contracts

Infringement by Third Parties. Kohl’s shall use reasonable efforts to notify Bank, in writing, in the event that it has Knowledge of any infringing use of any of the Bank Licensed Marks by any third party. If any of the Bank Licensed Marks is infringed, Bank alone has the right, in its sole discretion, to take whatever action it deems necessary to prevent such infringing use; provided, however, that if Bank fails to take reasonable steps to prevent infringement of the Bank Licensed Marks by any credit provider and such infringement has an adverse effect upon the Program or the rights of Kohl’s hereunder, Kohl’s may request that Bank take action necessary to alleviate such adverse impact. Kohl’s shall reasonably cooperate with and assist Bank, at Bank’s expense, in the prosecution of those actions that Bank determines, in its sole discretion, are necessary or desirable to prevent the infringing use of any of the Bank Licensed Marks.

Infringement by Third Parties. Kohl’s Bank shall use reasonable efforts to notify BankKohl’s, in writing, in the event that it has Knowledge of any infringing use of any of the Bank Kohl’s Licensed Marks by any third party. If any of the Bank Kohl’s Licensed Marks is infringed, Bank Kohl’s alone has the right, in its sole discretion, to take whatever action it deems necessary to prevent such infringing use; provided, however, that if Bank Kohl’s fails to take reasonable steps to prevent infringement of the Bank Kohl’s Licensed Marks by any credit provider retail department store and such infringement has an adverse effect upon the Program or the rights of Kohl’s Bank hereunder, Kohl’s Bank may request that Bank Kohl’s take action necessary to alleviate such adverse impact. Kohl’s Bank shall reasonably cooperate with and assist BankKohl’s, at BankKohl’s expense, in the prosecution of those actions that Bank Kohl’s determines, in its sole discretion, are necessary or desirable to prevent the infringing use of any of the Bank Kohl’s Licensed Marks.