INTELLECTUAL PROPERTY OF SANPARKS. 33.1 All intellectual property rights whatsoever, whether capable of registration or not, regarding SANParks’ name, trademarks, logos, image and all other intellectual property matters relating to SANParks, including its name, trademarks, logos and/or image shall remain the sole property of SANParks. 33.2 Subject to Clauses 33.1 and Clause 33.3, SANParks shall, on prior written application by the Private Party and only to the extent necessary for the Private Party to perform the Project Deliverables, grant a non-exclusive revocable right and licence to the Private Party to use SANParks’ trademarks and logos for a period not to exceed the remainder of the Project Term. 33.3 In order to establish and maintain standards of quality and propriety acceptable to SANParks, in the event that the Private Party desires to use SANParks’ trademarks or logos in any way, the Private Party shall first submit the concept or a sample of the proposed use to SANParks for approval, which shall be in its sole and absolute discretion. SANParks shall use reasonable endeavours to advise the Private Party of its approval or disapproval of the concept or sample within 20 (twenty) Business Days of its receipt of the concept or sample. If SANParks approves the concept or sample, the Private Party shall not depart therefrom in any respect without SANParks’ further prior written approval. 33.4 If at any time SANParks revokes its approval for the specified use of any trademark or logo, the Private Party shall forthwith discontinue all use of such trademark or logo and shall remove from public sale or distribution any previously approved product in respect of which SANParks has revoked its approval. The costs incurred by the Private Party as a result of such revocation shall be borne by the Private Party if the grounds for the revocation include any ground described in Clause 33.5. 33.5 SANParks may revoke its approval immediately upon 10 (ten) Business Days written notice to the Private Party if the Private Party, any Subcontractor or any of its or its Subcontractors’ officers, directors or employees commits any crime or otherwise engages in conduct which violates any law, or engages in any conduct that offends against public morals and decency and, in SANParks’ reasonable opinion, materially prejudices the reputation and public goodwill of SANParks. 33.6 The Private Party acknowledges that the name(s) of SANParks (the "Protected Names") are associated with and peculiar to SANParks and are the Intellectual Property of SANParks. Consequently, the Private Party agrees that the sole and exclusive ownership of the Protected Names shall vest in SANParks. 33.7 In circumstances where the Private Party utilises any of the Protected Names, either on its own or in combination or association with any other name, it does so only in terms of this PPP Agreement and with the prior approval of SANParks. On termination or expiry of this PPP Agreement, the Private Party shall not be entitled to operate or conduct any business using any of the Protected Names either on its own or in combination or association with any other name. 33.8 Within 60 (sixty) Business Days after the Expiry Date or the Compensation Date and where the Private Party has operated a company utilising any of the Protected Names with the permission of SANParks, the Private Party shall either: 33.8.1 de-register the company bearing any of the Protected Names; or 33.8.2 change the name to a name not substantially similar to any of the Protected Names. 33.9 The naming of the Private Party’s business operation shall be undertaken in consultation with SANParks and subject to SANParks’ approval. In circumstances where the name chosen by the Private Party and approved by XXXXxxxx is not part of SANParks’ intellectual property, then the rights of SANParks contemplated in this Clause 34 shall not be applicable and the intellectual property shall be the sole property of the Private Party. 33.10 SANParks may at its discretion allow its own name, logo and or other branding on the stationery of the Private Party, at cost to the Private Party. The Private Party may not use SANParks name, logo or other branding without written consent from SANParks for any reason whatsoever. 33.11 SANParks reserves the right to disallow the Private Party to apply its own name, logos or other branding to the Spa Facility in any manner, or otherwise to stipulate the placement and size of such names, logos or other branding. If so allowed by SANParks, the name, logo or other branding of the Private Party shall not conceal, obstruct, compete with the name or logo of SANParks, or be contrary to the professional image of SANParks at any time or in any manner. Any such branding of the Private Party shall be at cost to the Private Party.
Appears in 1 contract
Samples: Public Private Partnership Agreement
INTELLECTUAL PROPERTY OF SANPARKS. 33.1 34.1 All intellectual property rights whatsoever, whether capable of registration or not, regarding SANParks’ name, trademarks, logos, image and all other intellectual property matters relating to SANParks, including its name, trademarks, logos and/or image shall remain the sole property of SANParks.
33.2 34.2 Subject to Clauses 33.1 34.1 and Clause 33.334.3, SANParks shall, on prior written application by the Private Party and only to the extent necessary for the Private Party to perform the Project Deliverables, grant a non-exclusive revocable right and licence to the Private Party to use SANParks’ trademarks and logos for a period not to exceed the remainder of the Project Term.
33.3 34.3 In order to establish and maintain standards of quality and propriety acceptable to SANParks, in the event that the Private Party desires to use SANParks’ trademarks or logos in any way, the Private Party shall first submit the concept or a sample of the proposed use to SANParks for approval, which shall be in its sole and absolute discretion. SANParks shall use reasonable endeavours to advise the Private Party of its approval or disapproval of the concept or sample within 20 (twenty) Business Days of its receipt of the concept or sample. If SANParks approves the concept or sample, the Private Party shall not depart therefrom in any respect without SANParks’ further prior written approval.
33.4 34.4 If at any time SANParks revokes its approval for the specified use of any trademark or logo, the Private Party shall forthwith discontinue all use of such trademark or logo and shall remove from public sale or distribution any previously approved product in respect of which SANParks has revoked its approval. The costs incurred by the Private Party as a result of such revocation shall be borne by the Private Party if the grounds for the revocation include any ground described in Clause 33.534.5.
33.5 34.5 SANParks may revoke its approval immediately upon 10 (ten) Business Days written notice to the Private Party if the Private Party, any Subcontractor or any of its or its Subcontractors’ officers, directors or employees commits any crime or otherwise engages in conduct which violates any law, or engages in any conduct that offends against public morals and decency and, in SANParks’ reasonable opinion, materially prejudices the reputation and public goodwill of SANParks.
33.6 34.6 The Private Party acknowledges that the name(s) of SANParks (the "Protected Names") are associated with and peculiar to SANParks and are the Intellectual Property of SANParks. Consequently, the Private Party agrees that the sole and exclusive ownership of the Protected Names shall vest in SANParks.
33.7 34.7 In circumstances where the Private Party utilises any of the Protected Names, either on its own or in combination or association with any other name, it does so only in terms of this PPP Agreement and with the prior approval of SANParks. On termination or expiry of this PPP Agreement, the Private Party shall not be entitled to operate or conduct any business using any of the Protected Names either on its own or in combination or association with any other name.
33.8 34.8 Within 60 (sixty) Business Days after the Expiry Date or the Compensation Date and where the Private Party has operated a company utilising any of the Protected Names with the permission of SANParks, the Private Party shall either:
33.8.1 34.8.1 de-register the company bearing any of the Protected Names; or
33.8.2 34.8.2 change the name to a name not substantially similar to any of the Protected Names.
33.9 34.9 The naming of the Private Party’s business operation shall be undertaken in consultation with SANParks and subject to SANParks’ approval. In circumstances where the name chosen by the Private Party and approved by XXXXxxxx SANParks is not part of SANParks’ intellectual property, then the rights of SANParks contemplated in this Clause 34 shall not be applicable and the intellectual property shall be the sole property of the Private Party.
33.10 34.10 SANParks may at its discretion allow its own name, logo and or other branding on the stationery of the Private Party, at cost to the Private Party. The Private Party may not use SANParks name, logo or other branding without written consent from SANParks for any reason whatsoever.
33.11 34.11 SANParks reserves the right to disallow the Private Party to apply its own name, logos or other branding to the Spa Facility Groote Xxxxxx Estate Tea Room and Restaurant in any manner, or otherwise to stipulate the placement and size of such names, logos or other branding. If so allowed by SANParks, the name, logo or other branding of the Private Party shall not conceal, obstruct, compete with the name or logo of SANParks, or be contrary to the professional image of SANParks at any time or in any manner. Any such branding of the Private Party shall be at cost to the Private Party.
Appears in 1 contract
Samples: Public Private Partnership Agreement
INTELLECTUAL PROPERTY OF SANPARKS. 33.1 34.1 All intellectual property rights whatsoever, whether capable of registration or not, regarding SANParks’ name, trademarks, logos, image and all other intellectual property matters relating to SANParks, including its name, trademarks, logos and/or image shall remain the sole property of SANParks.
33.2 34.2 Subject to Clauses 33.1 34.1 and Clause 33.334.3, SANParks shall, on prior written application by the Private Party and only to the extent necessary for the Private Party to perform the Project Deliverables, grant a non-exclusive revocable right and licence to the Private Party to use SANParks’ trademarks and logos for a period not to exceed the remainder of the Project Term.
33.3 34.3 In order to establish and maintain standards of quality and propriety acceptable to SANParks, in the event that the Private Party desires to use SANParks’ trademarks or logos in any way, the Private Party shall first submit the concept or a sample of the proposed use to SANParks for approval, which shall be in its sole and absolute discretion. SANParks shall use reasonable endeavours to advise the Private Party of its approval or disapproval of the concept or sample within 20 (twenty) Business Days of its receipt of the concept or sample. If SANParks approves the concept or sample, the Private Party shall not depart therefrom in any respect without SANParks’ further prior written approval.
33.4 34.4 If at any time SANParks revokes its approval for the specified use of any trademark or logo, the Private Party shall forthwith discontinue all use of such trademark or logo and shall remove from public sale or distribution any previously approved product in respect of which SANParks has revoked its approval. The costs incurred by the Private Party as a result of such revocation shall be borne by the Private Party if the grounds for the revocation include any ground described in Clause 33.534.5.
33.5 34.5 SANParks may revoke its approval immediately upon 10 (ten) Business Days written notice to the Private Party if the Private Party, any Subcontractor or any of its or its Subcontractors’ officers, directors or employees commits any crime or otherwise engages in conduct which violates any law, or engages in any conduct that offends against public morals and decency and, in SANParks’ reasonable opinion, materially prejudices the reputation and public goodwill of SANParks.
33.6 34.6 The Private Party acknowledges that the name(s) of SANParks (the "Protected Names") are associated with and peculiar to SANParks and are the Intellectual Property of SANParks. Consequently, the Private Party agrees that the sole and exclusive ownership of the Protected Names shall vest in SANParks.
33.7 34.7 In circumstances where the Private Party utilises any of the Protected Names, either on its own or in combination or association with any other name, it does so only in terms of this PPP Agreement and with the prior approval of SANParks. On termination or expiry of this PPP Agreement, the Private Party shall not be entitled to operate or conduct any business using any of the Protected Names either on its own or in combination or association with any other name.
33.8 34.8 Within 60 (sixty) Business Days after the Expiry Date or the Compensation Date and where the Private Party has operated a company utilising any of the Protected Names with the permission of SANParks, the Private Party shall either:
33.8.1 34.8.1 de-register the company bearing any of the Protected Names; or
33.8.2 34.8.2 change the name to a name not substantially similar to any of the Protected Names.
33.9 34.9 The naming of the Private Party’s business operation shall be undertaken in consultation with SANParks and subject to SANParks’ approval. In circumstances where the name chosen by the Private Party and approved by XXXXxxxx SANParks is not part of SANParks’ intellectual property, then the rights of SANParks contemplated in this Clause 34 shall not be applicable and the intellectual property shall be the sole property of the Private Party.
33.10 34.10 SANParks may at its discretion allow its own name, logo and or other branding on the stationery of the Private Party, at cost to the Private Party. The Private Party may not use SANParks name, logo or other branding without written consent from SANParks for any reason whatsoever.
33.11 34.11 SANParks reserves the right to disallow the Private Party to apply its own name, logos or other branding to the Spa Boulders Retail Facility in any manner, or otherwise to stipulate the placement and size of such names, logos or other branding. If so allowed by SANParks, the name, logo or other branding of the Private Party shall not conceal, obstruct, compete with the name or logo of SANParks, or be contrary to the professional image of SANParks at any time or in any manner. Any such branding of the Private Party shall be at cost to the Private Party.
Appears in 1 contract
Samples: Public Private Partnership Agreement
INTELLECTUAL PROPERTY OF SANPARKS. 33.1 34.1 All intellectual property rights whatsoever, whether capable of registration or not, regarding SANParks’ SANParks name, trademarks, logos, image and all other intellectual property matters relating to SANParks, including its name, trademarks, logos and/or image shall remain the sole property of SANParks.
33.2 34.2 Subject to Clauses 33.1 34.1 and Clause 33.334.3, SANParks shall, on prior written application by the Private Party and only to the extent necessary for the Private Party to perform the Project Deliverables, grant a non-exclusive revocable right and licence to the Private Party to use SANParks’ SANParks trademarks and logos for a period not to exceed the remainder of the Project Term.
33.3 34.3 In order to establish and maintain standards of quality and propriety acceptable to SANParks, in the event that the Private Party desires to use SANParks’ SANParks trademarks or logos in any way, the Private Party shall first submit the concept or a sample of the proposed use to SANParks for approval, which shall be in its sole and absolute discretion. SANParks shall use reasonable endeavours to advise the Private Party of its approval or disapproval of the concept or sample within 20 (twenty) Business Days of its receipt of the concept or sample. If SANParks approves the concept or sample, the Private Party shall not depart therefrom in any respect without SANParks’ SANParks further prior written approval.
33.4 34.4 If at any time SANParks revokes its approval for the specified use of any trademark or logo, the Private Party shall forthwith discontinue all use of such trademark or logo and shall remove from public sale or distribution any previously approved product in respect of which SANParks has revoked its approval. The costs incurred by the Private Party as a result of such revocation shall be borne by the Private Party if the grounds for the revocation include any ground described in Clause 33.534.5.
33.5 34.5 SANParks may revoke its approval immediately upon 10 (ten) Business Days written notice to the Private Party if the Private Party, any Subcontractor or any of its or its Subcontractors’ officers, directors or employees commits any crime or otherwise engages in conduct which violates any law, or engages in any conduct that offends against public morals and decency and, in SANParks’ SANParks reasonable opinion, materially prejudices the reputation and public goodwill of SANParks.
33.6 34.6 The Private Party acknowledges that the name(s) of SANParks (the "Protected Names") are associated with and peculiar to SANParks and are the Intellectual Property of SANParks. Consequently, the Private Party agrees that the sole and exclusive ownership of the Protected Names shall vest in SANParks.
33.7 34.7 In circumstances where the Private Party utilises any of the Protected Names, either on its own or in combination or association with any other name, it does so only in terms of this PPP Agreement and with the prior approval of SANParks. On termination or expiry of this PPP Agreement, the Private Party shall not be entitled to operate or conduct any business using any of the Protected Names either on its own or in combination or association with any other name.
33.8 34.8 Within 60 (sixty) Business Days after the Expiry Date or the Compensation Date and where the Private Party has operated a company utilising any of the Protected Names with the permission of SANParks, the Private Party shall either:
33.8.1 34.8.1 de-register the company bearing any of the Protected Names; or
33.8.2 34.8.2 change the name to a name not substantially similar to any of the Protected Names.
33.9 34.9 The naming of the Private Party’s business operation shall be undertaken in consultation with SANParks and subject to SANParks’ SANParks approval. In circumstances where the name chosen by the Private Party and approved by XXXXxxxx SANParks is not part of SANParks’ SANParks intellectual property, then the rights of SANParks contemplated in this Clause 34 shall not be applicable and the intellectual property shall be the sole property of the Private Party.
33.10 34.10 SANParks may at its discretion allow its own name, logo and or other branding on the stationery of the Private Party, at cost to the Private Party. The Private Party may not use SANParks name, logo or other branding without written consent from SANParks for any reason whatsoever.
33.11 34.11 SANParks reserves the right to disallow the Private Party to apply its own name, logos or other branding to the Spa Facility NAMAQUA FLOWERS BEACH LUXURY MOBILE TENTED CAMP in any manner, or otherwise to stipulate the placement and size of such names, logos or other branding. If so allowed by SANParks, the name, logo or other branding of the Private Party shall not conceal, obstruct, compete with the name or logo of SANParks, or be contrary to the professional image of SANParks at any time or in any manner. Any such branding of the Private Party shall be at cost to the Private Party.
Appears in 1 contract
Samples: Public Private Partnership Agreement
INTELLECTUAL PROPERTY OF SANPARKS. 33.1 All intellectual property rights whatsoever, whether capable of registration or not, regarding SANParks’ SANParks name, trademarks, logos, image and all other intellectual property matters relating to SANParks, including its name, trademarks, logos and/or image shall remain the sole property of SANParks.
33.2 Subject to Clauses 33.1 and Clause 33.3, SANParks shall, on prior written application by the Private Party and only to the extent necessary for the Private Party to perform the Project Deliverables, grant a non-exclusive revocable right and licence to the Private Party to use SANParks’ SANParks trademarks and logos for a period not to exceed the remainder of the Project Term.
33.3 In order to establish and maintain standards of quality and propriety acceptable to SANParks, in the event that the Private Party desires to use SANParks’ SANParks trademarks or logos in any way, the Private Party shall first submit the concept or a sample of the proposed use to SANParks for approval, which shall be in its sole and absolute discretion. SANParks shall use reasonable endeavours to advise the Private Party of its approval or disapproval of the concept or sample within 20 (twenty) Business Days of its receipt of the concept or sample. If SANParks approves the concept or sample, the Private Party shall not depart therefrom in any respect without SANParks’ SANParks further prior written approval.
33.4 If at any time SANParks revokes its approval for the specified use of any trademark or logo, the Private Party shall forthwith discontinue all use of such trademark or logo and shall remove from public sale or distribution any previously approved product in respect of which SANParks has revoked its approval. The costs incurred by the Private Party as a result of such revocation shall be borne by the Private Party if the grounds for the revocation include any ground described in Clause 33.5.
33.5 SANParks may revoke its approval immediately upon 10 (ten) Business Days written notice to the Private Party if the Private Party, any Subcontractor or any of its or its Subcontractors’ officers, directors or employees commits any crime or otherwise engages in conduct which violates any law, or engages in any conduct that offends against public morals and decency and, in SANParks’ SANParks reasonable opinion, materially prejudices the reputation and public goodwill of SANParks.
33.6 The Private Party acknowledges that the name(s) of SANParks (the "Protected Names") are associated with and peculiar to SANParks and are the Intellectual Property of SANParks. Consequently, the Private Party agrees that the sole and exclusive ownership of the Protected Names shall vest in SANParks.
33.7 In circumstances where the Private Party utilises any of the Protected Names, either on its own or in combination or association with any other name, it does so only in terms of this PPP Agreement and with the prior approval of SANParks. On termination or expiry of this PPP Agreement, the Private Party shall not be entitled to operate or conduct any business using any of the Protected Names either on its own or in combination or association with any other name.
33.8 Within 60 (sixty) Business Days after the Expiry Date or the Compensation Date and where the Private Party has operated a company utilising any of the Protected Names with the permission of SANParks, the Private Party shall either:
33.8.1 de-register the company bearing any of the Protected Names; or
33.8.2 change the name to a name not substantially similar to any of the Protected Names.
33.9 The naming of the Private Party’s business operation shall be undertaken in consultation with SANParks and subject to SANParks’ approval. In circumstances where the name chosen by the Private Party and approved by XXXXxxxx SANParks is not part of SANParks’ SANParks intellectual property, then the rights of SANParks contemplated in this Clause 34 33 shall not be applicable and the intellectual property shall be the sole property of the Private Party.
33.10 SANParks may at its discretion allow its own name, logo and or other branding on the stationery of the Private Party, at cost to the Private Party. The Private Party may not use SANParks name, logo or other branding without written consent from SANParks for any reason whatsoever.
33.11 SANParks reserves the right to disallow the Private Party to apply its own name, logos or other branding to the Spa Facility Scooter Tours operation in any manner, or otherwise to stipulate the placement and size of such names, logos or other branding. If so allowed by SANParks, the name, logo or other branding of the Private Party shall not conceal, obstruct, compete with the name or logo of SANParks, or be contrary to the professional image of SANParks at any time or in any manner. Any such branding of the Private Party shall be at cost to the Private Party.
Appears in 1 contract
Samples: Public Private Partnership Agreement
INTELLECTUAL PROPERTY OF SANPARKS. 33.1 35.1 All intellectual property rights whatsoever, whether capable of registration or not, regarding SANParks’ name, trademarks, logos, image and all other intellectual property matters relating to SANParks, including its name, trademarks, logos and/or image shall remain the sole property of SANParks.
33.2 35.2 Subject to Clauses 33.1 35.1 and Clause 33.335.3, SANParks shall, on prior written application by the Private Party and only to the extent necessary for the Private Party to perform the Project Deliverables, grant a non-exclusive revocable right and licence to the Private Party to use SANParks’ trademarks and logos for a period not to exceed the remainder of the Project Term.
33.3 35.3 In order to establish and maintain standards of quality and propriety acceptable to SANParks, in the event that the Private Party desires to use SANParks’ trademarks or logos in any way, the Private Party shall first submit the concept or a sample of the proposed use to SANParks for approval, which shall be in its sole and absolute discretion. SANParks shall use reasonable endeavours to advise the Private Party of its approval or disapproval of the concept or sample within 20 (twenty) Business Days of its receipt of the concept or sample. If SANParks approves the concept or sample, the Private Party shall not depart therefrom in any respect without SANParks’ further prior written approval.
33.4 35.4 If at any time SANParks revokes its approval for the specified use of any trademark or logo, the Private Party shall forthwith discontinue all use of such trademark or logo and shall remove from public sale or distribution any previously approved product in respect of which SANParks has revoked its approval. The costs incurred by the Private Party as a result of such revocation shall be borne by the Private Party if the grounds for the revocation include any ground described in Clause 33.535.5.
33.5 35.5 SANParks may revoke its approval immediately upon 10 (ten) Business Days written notice to the Private Party if the Private Party, any Subcontractor or any of its or its Subcontractors’ officers, directors or employees commits any crime or otherwise engages in conduct which violates any law, or engages in any conduct that offends against public morals and decency and, in SANParks’ reasonable opinion, materially prejudices the reputation and public goodwill of SANParks.
33.6 35.6 The Private Party acknowledges that the name(s) of SANParks (the "Protected Names") are associated with and peculiar to SANParks and are the Intellectual Property of SANParks. Consequently, the Private Party agrees that the sole and exclusive ownership of the Protected Names shall vest in SANParks.
33.7 35.7 In circumstances where the Private Party utilises any of the Protected Names, either on its own or in combination or association with any other name, it does so only in terms of this PPP Agreement and with the prior approval of SANParks. On termination or expiry of this PPP Agreement, the Private Party shall not be entitled to operate or conduct any business using any of the Protected Names either on its own or in combination or association with any other name.
33.8 35.8 Within 60 (sixty) Business Days after the Expiry Date or the Compensation Date and where the Private Party has operated a company utilising any of the Protected Names with the permission of SANParks, the Private Party shall either:
33.8.1 35.8.1 de-register the company bearing any of the Protected Names; or
33.8.2 35.8.2 change the name to a name not substantially similar to any of the Protected Names.
33.9 35.9 The naming of the Private Party’s business operation shall be undertaken in consultation with SANParks and subject to SANParks’ approval. In circumstances where the name chosen by the Private Party and approved by XXXXxxxx SANParks is not part of SANParks’ intellectual property, then the rights of SANParks contemplated in this Clause 34 shall not be applicable and the intellectual property shall be the sole property of the Private Party.
33.10 35.10 SANParks may at its discretion allow its own name, logo and or other branding on the stationery of the Private Party, at cost to the Private Party. The Private Party may not use SANParks name, logo or other branding without written consent from SANParks for any reason whatsoever.
33.11 35.11 SANParks reserves the right to disallow the Private Party to apply its own name, logos or other branding to the Spa Facility Phalaborwa Safari Lodge in any manner, or otherwise to stipulate the placement and size of such names, logos or other branding. If so allowed by SANParks, the name, logo or other branding of the Private Party shall not conceal, obstruct, compete with the name or logo of SANParks, or be contrary to the professional image of SANParks at any time or in any manner. Any such branding of the Private Party shall be at cost to the Private Party.
Appears in 1 contract
Samples: Public Private Partnership Agreement
INTELLECTUAL PROPERTY OF SANPARKS. 33.1 34.1 All intellectual property rights whatsoever, whether capable of registration or not, regarding SANParks’ name, trademarks, logos, image and all other intellectual property matters relating to SANParks, including its name, trademarks, logos and/or image shall remain the sole property of SANParks.
33.2 34.2 Subject to Clauses 33.1 34.1 and Clause 33.334.3, SANParks shall, on prior written application by the Private Party and only to the extent necessary for the Private Party to perform the Project Deliverables, grant a non-exclusive revocable right and licence to the Private Party to use SANParks’ trademarks and logos for a period not to exceed the remainder of the Project Term.
33.3 34.3 In order to establish and maintain standards of quality and propriety acceptable to SANParks, in the event that the Private Party desires to use SANParks’ trademarks or logos in any way, the Private Party shall first submit the concept or a sample of the proposed use to SANParks for approval, which shall be in its sole and absolute discretion. SANParks shall use reasonable endeavours to advise the Private Party of its approval or disapproval of the concept or sample within 20 (twenty) Business Days of its receipt of the concept or sample. If SANParks approves the concept or sample, the Private Party shall not depart therefrom in any respect without SANParks’ further prior written approval.
33.4 34.4 If at any time SANParks revokes its approval for the specified use of any trademark or logo, the Private Party shall forthwith discontinue all use of such trademark or logo and shall remove from public sale or distribution any previously approved product in respect of which SANParks has revoked its approval. The costs incurred by the Private Party as a result of such revocation shall be borne by the Private Party if the grounds for the revocation include any ground described in Clause 33.534.5.
33.5 34.5 SANParks may revoke its approval immediately upon 10 (ten) Business Days written notice to the Private Party if the Private Party, any Subcontractor or any of its or its Subcontractors’ officers, directors or employees commits any crime or otherwise engages in conduct which violates any law, or engages in any conduct that offends against public morals and decency and, in SANParks’ reasonable opinion, materially prejudices the reputation and public goodwill of SANParks.
33.6 34.6 The Private Party acknowledges that the name(s) of SANParks (the "Protected Names") are associated with and peculiar to SANParks and are the Intellectual Property of SANParks. Consequently, the Private Party agrees that the sole and exclusive ownership of the Protected Names shall vest in SANParks.
33.7 34.7 In circumstances where the Private Party utilises any of the Protected Names, either on its own or in combination or association with any other name, it does so only in terms of this PPP Agreement and with the prior approval of SANParks. On termination or expiry of this PPP Agreement, the Private Party shall not be entitled to operate or conduct any business using any of the Protected Names either on its own or in combination or association with any other name.
33.8 34.8 Within 60 (sixty) Business Days after the Expiry Date or the Compensation Date and where the Private Party has operated a company utilising any of the Protected Names with the permission of SANParks, the Private Party shall either:
33.8.1 34.8.1 de-register the company bearing any of the Protected Names; or
33.8.2 34.8.2 change the name to a name not substantially similar to any of the Protected Names.
33.9 34.9 The naming of the Private Party’s business operation shall be undertaken in consultation with SANParks and subject to SANParks’ approval. In circumstances where the name chosen by the Private Party and approved by XXXXxxxx SANParks is not part of SANParks’ intellectual property, then the rights of SANParks contemplated in this Clause 34 shall not be applicable and the intellectual property shall be the sole property of the Private Party.
33.10 34.10 SANParks may at its discretion allow its own name, logo and or other branding on the stationery of the Private Party, at cost to the Private Party. The Private Party may not use SANParks name, logo or other branding without written consent from SANParks for any reason whatsoever.
33.11 34.11 SANParks reserves the right to disallow the Private Party to apply its own name, logos or other branding to the Spa Xxxx Braai Facility in any manner, or otherwise to stipulate the placement and size of such names, logos or other branding. If so allowed by SANParks, the name, logo or other branding of the Private Party shall not conceal, obstruct, compete with the name or logo of SANParks, or be contrary to the professional image of SANParks at any time or in any manner. Any such branding of the Private Party shall be at cost to the Private Party.
Appears in 1 contract
Samples: Public Private Partnership Agreement
INTELLECTUAL PROPERTY OF SANPARKS. 33.1 34.1 All intellectual property rights whatsoever, whether capable of registration or not, regarding SANParks’ ’s name, trademarks, logos, image and all other intellectual property matters relating to SANParks, including its name, trademarks, logos and/or image shall remain the sole property of SANParks.
33.2 34.2 Subject to Clauses 33.1 34.1 and Clause 33.334.3, SANParks shall, on prior written application by the Private Party and only to the extent necessary for the Private Party to perform the Project Deliverables, grant a non-exclusive revocable right and licence to the Private Party to use SANParks’ ’s trademarks and logos for a period not to exceed the remainder of the Project Term.
33.3 34.3 In order to establish and maintain standards of quality and propriety acceptable to SANParks, in the event that the Private Party desires to use SANParks’ ’s trademarks or logos in any way, the Private Party shall first submit the concept or a sample of the proposed use to SANParks for approval, which shall be in its sole and absolute discretion. SANParks shall use reasonable endeavours to advise the Private Party of its approval or disapproval of the concept or sample within 20 (twenty) Business Days of its receipt of the concept or sample. If SANParks approves the concept or sample, the Private Party shall not depart therefrom in any respect without SANParks’ ’s further prior written approval.
33.4 34.4 If at any time SANParks revokes its approval for the specified use of any trademark or logo, the Private Party shall forthwith discontinue all use of such trademark or logo and shall remove from public sale or distribution any previously approved product in respect of which SANParks has revoked its approval. The costs incurred by the Private Party as a result of such revocation shall be borne by the Private Party if the grounds for the revocation include any ground described in Clause 33.534.5.
33.5 34.5 SANParks may revoke its approval immediately upon 10 (ten) Business Days written notice to the Private Party if the Private Party, any Subcontractor or any of its or its Subcontractors’ officers, directors or employees commits any crime or otherwise engages in conduct which violates any law, or engages in any conduct that offends against public morals and decency and, in SANParks’ reasonable opinion, materially prejudices the reputation and public goodwill of SANParks.
33.6 34.6 The Private Party acknowledges that the name(s) of SANParks (the "Protected Names") are associated with and peculiar to SANParks and are the Intellectual Property of SANParks. Consequently, the Private Party agrees that the sole and exclusive ownership of the Protected Names shall vest in SANParks.
33.7 34.7 In circumstances where the Private Party utilises any of the Protected Names, either on its own or in combination or association with any other name, it does so only in terms of this PPP Agreement and with the prior approval of SANParks. On termination or expiry of this PPP Agreement, the Private Party shall not be entitled to operate or conduct any business using any of the Protected Names either on its own or in combination or association with any other name.
33.8 34.8 Within 60 (sixty) Business Days after the Expiry Date or the Compensation Date and where the Private Party has operated a company utilising any of the Protected Names with the permission of SANParks, the Private Party shall either:
33.8.1 34.8.1 de-register the company bearing any of the Protected Names; or
33.8.2 34.8.2 change the name to a name not substantially similar to any of the Protected Names.
33.9 34.9 The naming of the Private Party’s business operation shall be undertaken in consultation with SANParks and subject to SANParks’ ’s approval. In circumstances where the name chosen by the Private Party and approved by XXXXxxxx SANParks is not part of SANParks’ ’s intellectual property, then the rights of SANParks contemplated in this Clause 34 shall not be applicable and the intellectual property shall be the sole property of the Private Party.
33.10 34.10 SANParks may at its discretion allow its own name, logo and or other branding on the stationery of the Private Party, at cost to the Private Party. The Private Party may not use SANParks name, logo or other branding without written consent from SANParks for any reason whatsoever.
33.11 34.11 SANParks reserves the right to disallow the Private Party to apply its own name, logos or other branding to the Spa Nkuhlu Precinct Facility in any manner, or otherwise to stipulate the placement and size of such names, logos or other branding. If so allowed by SANParks, the name, logo or other branding of the Private Party shall not conceal, obstruct, compete with the name or logo of SANParks, or be contrary to the professional image of SANParks at any time or in any manner. Any such branding of the Private Party shall be at cost to the Private Party.
Appears in 1 contract
Samples: Public Private Partnership Agreement
INTELLECTUAL PROPERTY OF SANPARKS. 33.1 34.1 All intellectual property rights whatsoever, whether capable of registration or not, regarding SANParks’ name, trademarks, logos, image and all other intellectual property matters relating to SANParks, including its name, trademarks, logos and/or image shall remain the sole property of SANParks.
33.2 34.2 Subject to Clauses 33.1 34.1 and Clause 33.334.3, SANParks shall, on prior written application by the Private Party and only to the extent necessary for the Private Party to perform the Project Deliverables, grant a non-exclusive revocable right and licence to the Private Party to use SANParks’ trademarks and logos for a period not to exceed the remainder of the Project Term.
33.3 34.3 In order to establish and maintain standards of quality and propriety acceptable to SANParks, in the event that the Private Party desires to use SANParks’ trademarks or logos in any way, the Private Party shall first submit the concept or a sample of the proposed use to SANParks for approval, which shall be in its sole and absolute discretion. SANParks shall use reasonable endeavours to advise the Private Party of its approval or disapproval of the concept or sample within 20 (twenty) Business Days of its receipt of the concept or sample. If SANParks approves the concept or sample, the Private Party shall not depart therefrom in any respect without SANParks’ further prior written approval.
33.4 34.4 If at any time SANParks revokes its approval for the specified use of any trademark or logo, the Private Party shall forthwith discontinue all use of such trademark or logo and shall remove from public sale or distribution any previously approved product in respect of which SANParks has revoked its approval. The costs incurred by the Private Party as a result of such revocation shall be borne by the Private Party if the grounds for the revocation include any ground described in Clause 33.534.5.
33.5 34.5 SANParks may revoke its approval immediately upon 10 (ten) Business Days written notice to the Private Party if the Private Party, any Subcontractor or any of its or its Subcontractors’ officers, directors or employees commits any crime or otherwise engages in conduct which violates any law, or engages in any conduct that offends against public morals and decency and, in SANParks’ reasonable opinion, materially prejudices the reputation and public goodwill of SANParks.
33.6 34.6 The Private Party acknowledges that the name(s) of SANParks (the "Protected Names") are associated with and peculiar to SANParks and are the Intellectual Property of SANParks. Consequently, the Private Party agrees that the sole and exclusive ownership of the Protected Names shall vest in SANParks.
33.7 34.7 In circumstances where the Private Party utilises any of the Protected Names, either on its own or in combination or association with any other name, it does so only in terms of this PPP Agreement and with the prior approval of SANParks. On termination or expiry of this PPP Agreement, the Private Party shall not be entitled to operate or conduct any business using any of the Protected Names either on its own or in combination or association with any other name.
33.8 34.8 Within 60 (sixty) Business Days after the Expiry Date or the Compensation Date and where the Private Party has operated a company utilising any of the Protected Names with the permission of SANParks, the Private Party shall either:
33.8.1 34.8.1 de-register the company bearing any of the Protected Names; or
33.8.2 34.8.2 change the name to a name not substantially similar to any of the Protected Names.
33.9 34.9 The naming of the Private Party’s business operation shall be undertaken in consultation with SANParks and subject to SANParks’ approval. In circumstances where the name chosen by the Private Party and approved by XXXXxxxx SANParks is not part of SANParks’ intellectual property, then the rights of SANParks contemplated in this Clause 34 shall not be applicable and the intellectual property shall be the sole property of the Private Party.
33.10 34.10 SANParks may at its discretion allow its own name, logo and or other branding on the stationery of the Private Party, at cost to the Private Party. The Private Party may not use SANParks name, logo or other branding without written consent from SANParks for any reason whatsoever.
33.11 34.11 SANParks reserves the right to disallow the Private Party to apply its own name, logos or other branding to the Spa Facility Phabeni Education Centre in any manner, or otherwise to stipulate the placement and size of such names, logos or other branding. If so allowed by SANParks, the name, logo or other branding of the Private Party shall not conceal, obstruct, compete with the name or logo of SANParks, or be contrary to the professional image of SANParks at any time or in any manner. Any such branding of the Private Party shall be at cost to the Private Party.
Appears in 1 contract
Samples: Public Private Partnership Agreement
INTELLECTUAL PROPERTY OF SANPARKS. 33.1 32.1 All intellectual property rights whatsoever, whether capable of registration or not, regarding SANParks’ SANParks name, trademarks, logos, image and all other intellectual property matters relating to SANParks, including its name, trademarks, logos and/or image shall remain the sole property of SANParks.
33.2 32.2 Subject to Clauses 33.1 32.1 and Clause 33.332.3, SANParks shall, on prior written application by the Private Party and only to the extent necessary for the Private Party to perform the Project Deliverables, grant a non-exclusive revocable right and licence to the Private Party to use SANParks’ SANParks trademarks and logos for a period not to exceed the remainder of the Project Term.
33.3 32.3 In order to establish and maintain standards of quality and propriety acceptable to SANParks, in the event that the Private Party desires to use SANParks’ SANParks trademarks or logos in any way, the Private Party shall first submit the concept or a sample of the proposed use to SANParks for approval, which shall be in its sole and absolute discretion. SANParks shall use reasonable endeavours to advise the Private Party of its approval or disapproval of the concept or sample within 20 (twenty) Business Days of its receipt of the concept or sample. If SANParks approves the concept or sample, the Private Party shall not depart therefrom in any respect without SANParks’ SANParks further prior written approval.
33.4 32.4 If at any time SANParks revokes its approval for the specified use of any trademark or logo, the Private Party shall forthwith discontinue all use of such trademark or logo and shall remove from public sale or distribution any previously approved product in respect of which SANParks has revoked its approval. The costs incurred by the Private Party as a result of such revocation shall be borne by the Private Party if the grounds for the revocation include any ground described in Clause 33.532.5.
33.5 32.5 SANParks may revoke its approval immediately upon 10 (ten) Business Days written notice to the Private Party if the Private Party, any Subcontractor or any of its or its Subcontractors’ officers, directors or employees commits any crime or otherwise engages in conduct which violates any law, or engages in any conduct that offends against public morals and decency and, in SANParks’ SANParks reasonable opinion, materially prejudices the reputation and public goodwill of SANParks.
33.6 32.6 The Private Party acknowledges that the name(s) of SANParks (the "Protected Names") are associated with and peculiar to SANParks and are the Intellectual Property of SANParks. Consequently, the Private Party agrees that the sole and exclusive ownership of the Protected Names shall vest in SANParks.
33.7 32.7 In circumstances where the Private Party utilises any of the Protected Names, either on its own or in combination or association with any other name, it does so only in terms of this PPP Agreement and with the prior approval of SANParks. On termination or expiry of this PPP Agreement, the Private Party shall not be entitled to operate or conduct any business using any of the Protected Names either on its own or in combination or association with any other name.
33.8 32.8 Within 60 (sixty) Business Days after the Expiry Date or the Compensation Date and where the Private Party has operated a company utilising any of the Protected Names with the permission of SANParks, the Private Party shall either:
33.8.1 32.8.1 de-register the company bearing any of the Protected Names; or
33.8.2 32.8.2 change the name to a name not substantially similar to any of the Protected Names.
33.9 32.9 The naming of the Private Party’s business operation shall be undertaken in consultation with SANParks and subject to SANParks’ approval. In circumstances where the name chosen by the Private Party and approved by XXXXxxxx SANParks is not part of SANParks’ SANParks intellectual property, then the rights of SANParks contemplated in this Clause 34 32 shall not be applicable and the intellectual property shall be the sole property of the Private Party.
33.10 32.10 SANParks may at its discretion allow its own name, logo and or other branding on the stationery of the Private Party, at cost to the Private Party. The Private Party may not use SANParks name, logo or other branding without written consent from SANParks for any reason whatsoever.
33.11 32.11 SANParks reserves the right to disallow the Private Party to apply its own name, logos or other branding to the Spa Facility Mobile Tented Safari Facilities in any manner, or otherwise to stipulate the placement and size of such names, logos or other branding. If so allowed by SANParks, the name, logo or other branding of the Private Party shall not conceal, obstruct, compete with the name or logo of SANParks, or be contrary to the professional image of SANParks at any time or in any manner. Any such branding of the Private Party shall be at cost to the Private Party.
Appears in 1 contract
Samples: Public Private Partnership Agreement
INTELLECTUAL PROPERTY OF SANPARKS. 33.1 34.1 All intellectual property rights whatsoever, whether capable of registration or not, regarding SANParks’ name, trademarks, logos, image and all other intellectual property matters relating to SANParks, including its name, trademarks, logos and/or image shall remain the sole property of SANParks.
33.2 34.2 Subject to Clauses 33.1 34.1 and Clause 33.334.3, SANParks shall, on prior written application by the Private Party and only to the extent necessary for the Private Party to perform the Project Deliverables, grant a non-exclusive revocable right and licence to the Private Party to use SANParks’ trademarks and logos for a period not to exceed the remainder of the Project Term.
33.3 34.3 In order to establish and maintain standards of quality and propriety acceptable to SANParks, in the event that the Private Party desires to use SANParks’ trademarks or logos in any way, the Private Party shall first submit the concept or a sample of the proposed use to SANParks for approval, which shall be in its sole and absolute discretion. SANParks shall use reasonable endeavours to advise the Private Party of its approval or disapproval of the concept or sample within 20 (twenty) Business Days of its receipt of the concept or sample. If SANParks approves the concept or sample, the Private Party shall not depart therefrom in any respect without SANParks’ further prior written approval.
33.4 34.4 If at any time SANParks revokes its approval for the specified use of any trademark or logo, the Private Party shall forthwith discontinue all use of such trademark or logo and shall remove from public sale or distribution any previously approved product in respect of which SANParks has revoked its approval. The costs incurred by the Private Party as a result of such revocation shall be borne by the Private Party if the grounds for the revocation include any ground described in Clause 33.534.5.
33.5 34.5 SANParks may revoke its approval immediately upon 10 (ten) Business Days written notice to the Private Party if the Private Party, any Subcontractor or any of its or its Subcontractors’ officers, directors or employees commits any crime or otherwise engages in conduct which violates any law, or engages in any conduct that offends against public morals and decency and, in SANParks’ reasonable opinion, materially prejudices the reputation and public goodwill of SANParks.
33.6 34.6 The Private Party acknowledges that the name(s) of SANParks (the "Protected Names") are associated with and peculiar to SANParks and are the Intellectual Property of SANParks. Consequently, the Private Party agrees that the sole and exclusive ownership of the Protected Names shall vest in SANParks.
33.7 34.7 In circumstances where the Private Party utilises any of the Protected Names, either on its own or in combination or association with any other name, it does so only in terms of this PPP Agreement and with the prior approval of SANParks. On termination or expiry of this PPP Agreement, the Private Party shall not be entitled to operate or conduct any business using any of the Protected Names either on its own or in combination or association with any other name.
33.8 34.8 Within 60 (sixty) Business Days after the Expiry Date or the Compensation Date and where the Private Party has operated a company utilising any of the Protected Names with the permission of SANParks, the Private Party shall either:
33.8.1 34.8.1 de-register the company bearing any of the Protected Names; or
33.8.2 34.8.2 change the name to a name not substantially similar to any of the Protected Names.
33.9 34.9 The naming of the Private Party’s business operation shall be undertaken in consultation with SANParks and subject to SANParks’ approval. In circumstances where the name chosen by the Private Party and approved by XXXXxxxx SANParks is not part of SANParks’ intellectual property, then the rights of SANParks contemplated in this Clause 34 shall not be applicable and the intellectual property shall be the sole property of the Private Party.
33.10 34.10 SANParks may at its discretion allow its own name, logo and or other branding on the stationery of the Private Party, at cost to the Private Party. The Private Party may not use SANParks name, logo or other branding without written consent from SANParks for any reason whatsoever.
33.11 34.11 SANParks reserves the right to disallow the Private Party to apply its own name, logos or other branding to the Spa Restaurant Facility in any manner, or otherwise to stipulate the placement and size of such names, logos or other branding. If so allowed by SANParks, the name, logo or other branding of the Private Party shall not conceal, obstruct, compete with the name or logo of SANParks, or be contrary to the professional image of SANParks at any time or in any manner. Any such branding of the Private Party shall be at cost to the Private Party.
Appears in 1 contract
Samples: Public Private Partnership Agreement
INTELLECTUAL PROPERTY OF SANPARKS. 33.1 32.1 All intellectual property rights whatsoever, whether capable of registration or not, regarding SANParks’ name, trademarks, logos, image and all other intellectual property matters relating to SANParks, including its name, trademarks, logos and/or image shall remain the sole property of SANParks.
33.2 32.2 Subject to Clauses 33.1 32.1 and Clause 33.332.3, SANParks shall, on prior written application by the Private Party and only to the extent necessary for the Private Party to perform the Project Deliverables, grant a non-exclusive revocable right and licence to the Private Party to use SANParks’ trademarks and logos for a period not to exceed the remainder of the Project Term.
33.3 32.3 In order to establish and maintain standards of quality and propriety acceptable to SANParks, in the event that the Private Party desires to use SANParks’ trademarks or logos in any way, the Private Party shall first submit the concept or a sample of the proposed use to SANParks for approval, which shall be in its sole and absolute discretion. SANParks shall use reasonable endeavours to advise the Private Party of its approval or disapproval of the concept or sample within 20 (twenty) Business Days of its receipt of the concept or sample. If SANParks approves the concept or sample, the Private Party shall not depart therefrom in any respect without SANParks’ further prior written approval.
33.4 32.4 If at any time SANParks revokes its approval for the specified use of any trademark or logo, the Private Party shall forthwith discontinue all use of such trademark or logo and shall remove from public sale or distribution any previously approved product in respect of which SANParks has revoked its approval. The costs incurred by the Private Party as a result of such revocation shall be borne by the Private Party if the grounds for the revocation include any ground described in Clause 33.532.5.
33.5 32.5 SANParks may revoke its approval immediately upon 10 (ten) Business Days written notice to the Private Party if the Private Party, any Subcontractor or any of its or its Subcontractors’ officers, directors or employees commits any crime or otherwise engages in conduct which violates any law, or engages in any conduct that offends against public morals and decency and, in SANParks’ reasonable opinion, materially prejudices the reputation and public goodwill of SANParks.
33.6 32.6 The Private Party acknowledges that the name(s) of SANParks (the "Protected Names") are associated with and peculiar to SANParks and are the Intellectual Property of SANParks. Consequently, the Private Party agrees that the sole and exclusive ownership of the Protected Names shall vest in SANParks.
33.7 32.7 In circumstances where the Private Party utilises any of the Protected Names, either on its own or in combination or association with any other name, it does so only in terms of this PPP Agreement and with the prior approval of SANParks. On termination or expiry of this PPP Agreement, the Private Party shall not be entitled to operate or conduct any business using any of the Protected Names either on its own or in combination or association with any other name.
33.8 32.8 Within 60 (sixty) Business Days after the Expiry Date or the Compensation Date and where the Private Party has operated a company utilising any of the Protected Names with the permission of SANParks, the Private Party shall either:
33.8.1 32.8.1 de-register the company bearing any of the Protected Names; or
33.8.2 32.8.2 change the name to a name not substantially similar to any of the Protected Names.
33.9 32.9 The naming of the Private Party’s business operation shall be undertaken in consultation with SANParks and subject to SANParks’ approval. In circumstances where the name chosen by the Private Party and approved by XXXXxxxx SANParks is not part of SANParks’ intellectual property, then the rights of SANParks contemplated in this Clause 34 shall not be applicable and the intellectual property shall be the sole property of the Private Party.
33.10 32.10 SANParks may at its discretion allow its own name, logo and or other branding on the stationery of the Private Party, at cost to the Private Party. The Private Party may not use SANParks name, logo or other branding without written consent from SANParks for any reason whatsoever.
33.11 32.11 SANParks reserves the right to disallow the Private Party to apply its own name, logos or other branding to the Spa Phabeni Gate Xxxx Braai Facility in any manner, or otherwise to stipulate the placement and size of such names, logos or other branding. If so allowed by SANParks, the name, logo or other branding of the Private Party shall not conceal, obstruct, compete with the name or logo of SANParks, or be contrary to the professional image of SANParks at any time or in any manner. Any such branding of the Private Party shall be at cost to the Private Party.
Appears in 1 contract
Samples: Public Private Partnership Agreement
INTELLECTUAL PROPERTY OF SANPARKS. 33.1 34.1 All intellectual property rights whatsoever, whether capable of registration or not, regarding SANParks’ name, trademarks, logos, image and all other intellectual property matters relating to SANParks, including its name, trademarks, logos and/or image shall remain the sole property of SANParks.
33.2 34.2 Subject to Clauses 33.1 34.1 and Clause 33.334.3, SANParks shall, on prior written application by the Private Party and only to the extent necessary for the Private Party to perform the Project Deliverables, grant a non-exclusive revocable right and licence to the Private Party to use SANParks’ trademarks and logos for a period not to exceed the remainder of the Project Term.
33.3 34.3 In order to establish and maintain standards of quality and propriety acceptable to SANParks, in the event that the Private Party desires to use SANParks’ trademarks or logos in any way, the Private Party shall first submit the concept or a sample of the proposed use to SANParks for approval, which shall be in its sole and absolute discretion. SANParks shall use reasonable endeavours to advise the Private Party of its approval or disapproval of the concept or sample within 20 (twenty) Business Days of its receipt of the concept or sample. If SANParks approves the concept or sample, the Private Party shall not depart therefrom in any respect without SANParks’ further prior written approval.
33.4 34.4 If at any time SANParks revokes its approval for the specified use of any trademark or logo, the Private Party shall forthwith discontinue all use of such trademark or logo and shall remove from public sale or distribution any previously approved product in respect of which SANParks has revoked its approval. The costs incurred by the Private Party as a result of such revocation shall be borne by the Private Party if the grounds for the revocation include any ground described in Clause 33.534.5.
33.5 34.5 SANParks may revoke its approval immediately upon 10 (ten) Business Days written notice to the Private Party if the Private Party, any Subcontractor or any of its or its Subcontractors’ officers, directors or employees commits any crime or otherwise engages in conduct which violates any law, or engages in any conduct that offends against public morals and decency and, in SANParks’ reasonable opinion, materially prejudices the reputation and public goodwill of SANParks.
33.6 34.6 The Private Party acknowledges that the name(s) of SANParks (the "Protected Names") are associated with and peculiar to SANParks and are the Intellectual Property of SANParks. Consequently, the Private Party agrees that the sole and exclusive ownership of the Protected Names shall vest in SANParks.
33.7 34.7 In circumstances where the Private Party utilises any of the Protected Names, either on its own or in combination or association with any other name, it does so only in terms of this PPP Agreement and with the prior approval of SANParks. On termination or expiry of this PPP Agreement, the Private Party shall not be entitled to operate or conduct any business using any of the Protected Names either on its own or in combination or association with any other name.
33.8 34.8 Within 60 (sixty) Business Days after the Expiry Date or the Compensation Date and where the Private Party has operated a company utilising any of the Protected Names with the permission of SANParks, the Private Party shall either:
33.8.1 34.8.1 de-register the company bearing any of the Protected Names; or
33.8.2 34.8.2 change the name to a name not substantially similar to any of the Protected Names.
33.9 34.9 The naming of the Private Party’s business operation shall be undertaken in consultation with SANParks and subject to SANParks’ approval. In circumstances where the name chosen by the Private Party and approved by XXXXxxxx SANParks is not part of SANParks’ intellectual property, then the rights of SANParks contemplated in this Clause 34 shall not be applicable and the intellectual property shall be the sole property of the Private Party.
33.10 34.10 SANParks may at its discretion allow its own name, logo and or other branding on the stationery of the Private Party, at cost to the Private Party. The Private Party may not use SANParks name, logo or other branding without written consent from SANParks for any reason whatsoever.
33.11 34.11 SANParks reserves the right to disallow the Private Party to apply its own name, logos or other branding to the Spa Facility in Xxxxxxxx.xx any manner, or otherwise to stipulate the placement and size of such names, logos or other branding. If so allowed by SANParks, the name, logo or other branding of the Private Party shall not conceal, obstruct, compete with the name or logo of SANParks, or be contrary to the professional image of SANParks at any time or in any manner. Any such branding of the Private Party shall be at cost to the Private Party.
Appears in 1 contract
Samples: Public Private Partnership Agreement
INTELLECTUAL PROPERTY OF SANPARKS. 33.1 34.1 All intellectual property rights whatsoever, whether capable of registration or not, regarding SANParks’ name, trademarks, logos, image and all other intellectual property matters relating to SANParks, including its name, trademarks, logos and/or image shall remain the sole property of SANParks.
33.2 34.2 Subject to Clauses 33.1 34.1 and Clause 33.334.3, SANParks shall, on prior written application by the Private Party and only to the extent necessary for the Private Party to perform the Project Deliverables, grant a non-exclusive revocable right and licence to the Private Party to use SANParks’ trademarks and logos for a period not to exceed the remainder of the Project Term.
33.3 34.3 In order to establish and maintain standards of quality and propriety acceptable to SANParks, in the event that the Private Party desires to use SANParks’ trademarks or logos in any way, the Private Party shall first submit the concept or a sample of the proposed use to SANParks for approval, which shall be in its sole and absolute discretion. SANParks shall use reasonable endeavours to advise the Private Party of its approval or disapproval of the concept or sample within 20 (twenty) Business Days of its receipt of the concept or sample. If SANParks approves the concept or sample, the Private Party shall not depart therefrom in any respect without SANParks’ further prior written approval.
33.4 34.4 If at any time SANParks revokes its approval for the specified use of any trademark or logo, the Private Party shall forthwith discontinue all use of such trademark or logo and shall remove from public sale or distribution any previously approved product in respect of which SANParks has revoked its approval. The costs incurred by the Private Party as a result of such revocation shall be borne by the Private Party if the grounds for the revocation include any ground described in Clause 33.534.5.
33.5 34.5 SANParks may revoke its approval immediately upon 10 (ten) Business Days written notice to the Private Party if the Private Party, any Subcontractor or any of its or its Subcontractors’ officers, directors or employees commits any crime or otherwise engages in conduct which violates any law, or engages in any conduct that offends against public morals and decency and, in SANParks’ reasonable opinion, materially prejudices the reputation and public goodwill of SANParks.
33.6 34.6 The Private Party acknowledges that the name(s) of SANParks (the "Protected Names") are associated with and peculiar to SANParks and are the Intellectual Property of SANParks. Consequently, the Private Party agrees that the sole and exclusive ownership of the Protected Names shall vest in SANParks.
33.7 34.7 In circumstances where the Private Party utilises any of the Protected Names, either on its own or in combination or association with any other name, it does so only in terms of this PPP Agreement and with the prior approval of SANParks. On termination or expiry of this PPP Agreement, the Private Party shall not be entitled to operate or conduct any business using any of the Protected Names either on its own or in combination or association with any other name.
33.8 34.8 Within 60 (sixty) Business Days after the Expiry Date or the Compensation Date and where the Private Party has operated a company utilising any of the Protected Names with the permission of SANParks, the Private Party shall either:
33.8.1 34.8.1 de-register the company bearing any of the Protected Names; or
33.8.2 34.8.2 change the name to a name not substantially similar to any of the Protected Names.
33.9 34.9 The naming of the Private Party’s business operation shall be undertaken in consultation with SANParks and subject to SANParks’ approval. In circumstances where the name chosen by the Private Party and approved by XXXXxxxx SANParks is not part of SANParks’ intellectual property, then the rights of SANParks contemplated in this Clause 34 shall not be applicable and the intellectual property shall be the sole property of the Private Party.
33.10 34.10 SANParks may at its discretion allow its own name, logo and or other branding on the stationery of the Private Party, at cost to the Private Party. The Private Party may not use SANParks name, logo or other branding without written consent from SANParks for any reason whatsoever.
33.11 34.11 SANParks reserves the right to disallow the Private Party to apply its own name, logos or other branding to the Spa Facility Xxxx Braai Product in any manner, or otherwise to stipulate the placement and size of such names, logos or other branding. If so allowed by SANParks, the name, logo or other branding of the Private Party shall not conceal, obstruct, compete with the name or logo of SANParks, or be contrary to the professional image of SANParks at any time or in any manner. Any such branding of the Private Party shall be at cost to the Private Party.
Appears in 1 contract
Samples: Public Private Partnership Agreement
INTELLECTUAL PROPERTY OF SANPARKS. 33.1 34.1 All intellectual property rights whatsoever, whether capable of registration or not, regarding SANParks’ name, trademarks, logos, image and all other intellectual property matters relating to SANParks, including its name, trademarks, logos and/or image shall remain the sole property of SANParks.
33.2 34.2 Subject to Clauses 33.1 34.1 and Clause 33.334.3, SANParks shall, on prior written application by the Private Party and only to the extent necessary for the Private Party to perform the Project Deliverables, grant a non-exclusive revocable right and licence to the Private Party to use SANParks’ trademarks and logos for a period not to exceed the remainder of the Project Term.
33.3 34.3 In order to establish and maintain standards of quality and propriety acceptable to SANParks, in the event that the Private Party desires to use SANParks’ trademarks or logos in any way, the Private Party shall first submit the concept or a sample of the proposed use to SANParks for approval, which shall be in its sole and absolute discretion. SANParks shall use reasonable endeavours to advise the Private Party of its approval or disapproval of the concept or sample within 20 (twenty) Business Days of its receipt of the concept or sample. If SANParks approves the concept or sample, the Private Party shall not depart therefrom in any respect without SANParks’ further prior written approval.
33.4 34.4 If at any time SANParks revokes its approval for the specified use of any trademark or logo, the Private Party shall forthwith discontinue all use of such trademark or logo and shall remove from public sale or distribution any previously approved product in respect of which SANParks has revoked its approval. The costs incurred by the Private Party as a result because of such revocation shall be borne by the Private Party if the grounds for the revocation include any ground described in Clause 33.534.5.
33.5 34.5 SANParks may revoke its approval immediately upon 10 (ten) Business Days written notice to the Private Party if the Private Party, any Subcontractor or any of its or its Subcontractors’ officers, directors or employees commits any crime or otherwise engages in conduct which violates any law, or engages in any conduct that offends against public morals and decency and, in SANParks’ reasonable opinion, materially prejudices the reputation and public goodwill of SANParks.
33.6 34.6 The Private Party acknowledges that the name(s) of SANParks (the "Protected Names") are associated with and peculiar to SANParks and are the Intellectual Property of SANParks. Consequently, the Private Party agrees that the sole and exclusive ownership of the Protected Names shall vest in SANParks.
33.7 34.7 In circumstances where the Private Party utilises any of the Protected Names, either on its own or in combination or association with any other name, it does so only in terms of this PPP Agreement and with the prior approval of SANParks. On termination or expiry of this PPP Agreement, the Private Party shall not be entitled to operate or conduct any business using any of the Protected Names either on its own or in combination or association with any other name.
33.8 34.8 Within 60 (sixty) Business Days after the Expiry Date or the Compensation Date and where the Private Party has operated a company utilising any of the Protected Names with the permission of SANParks, the Private Party shall either:
33.8.1 34.8.1 de-register the company bearing any of the Protected Names; or
33.8.2 change 34.8.2 Change the name to a name not substantially similar to any of the Protected Names.
33.9 34.9 The naming of the Private Party’s business operation shall be undertaken in consultation with SANParks and subject to SANParks’ approval. In circumstances where the name chosen by the Private Party and approved by XXXXxxxx SANParks is not part of SANParks’ intellectual property, then the rights of SANParks contemplated in this Clause 34 shall not be applicable and the intellectual property shall be the sole property of the Private Party.
33.10 34.10 SANParks may at its discretion allow its own name, logo and or other branding on the stationery of the Private Party, at cost to the Private Party. The Private Party may not use SANParks name, logo or other branding without written consent from SANParks for any reason whatsoever.
33.11 34.11 SANParks reserves the right to disallow the Private Party to apply its own name, logos or other branding to the Spa Facility Geelbek Restaurant and with related tourism activities in any manner, or otherwise to stipulate the placement and size of such names, logos or other branding. If so allowed by SANParks, the name, logo or other branding of the Private Party shall not conceal, obstruct, compete with the name or logo of SANParks, or be contrary to the professional image of SANParks at any time or in any manner. Any such branding of the Private Party shall be at cost to the Private Party.
Appears in 1 contract
Samples: Public Private Partnership Agreement
INTELLECTUAL PROPERTY OF SANPARKS. 33.1 34.1 All intellectual property rights whatsoever, whether capable of registration or not, regarding SANParks’ name, trademarks, logos, image and all other intellectual property matters relating to SANParks, including its name, trademarks, logos and/or image shall remain the sole property of SANParks.
33.2 34.2 Subject to Clauses 33.1 34.1 and Clause 33.334.3, SANParks shall, on prior written application by the Private Party and only to the extent necessary for the Private Party to perform the Project Deliverables, grant a non-exclusive revocable right and licence to the Private Party to use SANParks’ trademarks and logos for a period not to exceed the remainder of the Project Term.
33.3 34.3 In order to establish and maintain standards of quality and propriety acceptable to SANParks, in the event that the Private Party desires to use SANParks’ trademarks or logos in any way, the Private Party shall first submit the concept or a sample of the proposed use to SANParks for approval, which shall be in its sole and absolute discretion. SANParks shall use reasonable endeavours to advise the Private Party of its approval or disapproval of the concept or sample within 20 (twenty) Business Days of its receipt of the concept or sample. If SANParks approves the concept or sample, the Private Party shall not depart therefrom in any respect without SANParks’ further prior written approval.
33.4 34.4 If at any time SANParks revokes its approval for the specified use of any trademark or logo, the Private Party shall forthwith discontinue all use of such trademark or logo and shall remove from public sale or distribution any previously approved product in respect of which SANParks has revoked its approval. The costs incurred by the Private Party as a result of such revocation shall be borne by the Private Party if the grounds for the revocation include any ground described in Clause 33.534.5.
33.5 34.5 SANParks may revoke its approval immediately upon 10 (ten) Business Days written notice to the Private Party if the Private Party, any Subcontractor or any of its or its Subcontractors’ officers, directors or employees commits any crime or otherwise engages in conduct which violates any law, or engages in any conduct that offends against public morals and decency and, in SANParks’ reasonable opinion, materially prejudices the reputation and public goodwill of SANParks.
33.6 34.6 The Private Party acknowledges that the name(s) of SANParks (the "Protected Names") are associated with and peculiar to SANParks and are the Intellectual Property of SANParks. Consequently, the Private Party agrees that the sole and exclusive ownership of the Protected Names shall vest in SANParks.
33.7 34.7 In circumstances where the Private Party utilises any of the Protected Names, either on its own or in combination or association with any other name, it does so only in terms of this PPP Agreement and with the prior approval of SANParks. On termination or expiry of this PPP Agreement, the Private Party shall not be entitled to operate or conduct any business using any of the Protected Names either on its own or in combination or association with any other name.
33.8 34.8 Within 60 (sixty) Business Days after the Expiry Date or the Compensation Date and where the Private Party has operated a company utilising any of the Protected Names with the permission of SANParks, the Private Party shall either:
33.8.1 34.8.1 de-register the company bearing any of the Protected Names; or
33.8.2 34.8.2 change the name to a name not substantially similar to any of the Protected Names.
33.9 34.9 The naming of the Private Party’s business operation shall be undertaken in consultation with SANParks and subject to SANParks’ approval. In circumstances where the name chosen by the Private Party and approved by XXXXxxxx SANParks is not part of SANParks’ intellectual property, then the rights of SANParks contemplated in this Clause 34 shall not be applicable and the intellectual property shall be the sole property of the Private Party.
33.10 34.10 SANParks may at its discretion allow its own name, logo and or other branding on the stationery of the Private Party, at cost to the Private Party. The Private Party may not use SANParks name, logo or other branding without written consent from SANParks for any reason whatsoever.
33.11 34.11 SANParks reserves the right to disallow the Private Party to apply its own name, logos or other branding to the Spa Phalaborwa Gate Xxxx Braai Facility in any manner, or otherwise to stipulate the placement and size of such names, logos or other branding. If so allowed by SANParks, the name, logo or other branding of the Private Party shall not conceal, obstruct, compete with the name or logo of SANParks, or be contrary to the professional image of SANParks at any time or in any manner. Any such branding of the Private Party shall be at cost to the Private Party.
Appears in 1 contract
Samples: Public Private Partnership Agreement