Common use of MONITORING BY NETSCAPE Clause in Contracts

MONITORING BY NETSCAPE. Licensee acknowledges that Netscape has no further obligations under this Agreement but that Netscape does have the right to periodically monitor Licensee's use of the Marks in conjunction with the Directory Services. Upon request by Netscape, Licensee shall provide Netscape with representative samples of each such use prior to the time the Marks are published on the Internet or in press materials or marketing or advertising materials. If Netscape determines that Licensee is using the Marks improperly, and/or in connection with Directory Services which do not meet the standards set forth in Section 4.1 or Section 4.2, Netscape shall notify Licensee, and Licensee shall remedy the improper use within 2 business days following receipt of such notice from Netscape. Use of the Marks on goods or services other than the Directory Services or the promotion of the Navigational Services, in a manner inconsistent with the Trademark Guidelines, __________________________________ * Confidential Treatment Requested. or in connection with an infringement of Netscape's or a third party's rights, including but not limited to rights under trademark, patent, trade secret or copyright, laws shall constitute material breach of this Agreement. If such material breach has not been cured within 2 business days following receipt of notice from Netscape, this Agreement shall be terminated.

MONITORING BY NETSCAPE. Licensee acknowledges that Netscape has no further obligations under this Agreement but that Netscape does have the right to periodically monitor Licensee's use of the Marks in conjunction with the Directory Services. Upon request by Netscape, Licensee shall provide Netscape with representative samples of each such use prior to the time the Marks are published on the Internet or in press materials or marketing or advertising materials. If Netscape determines that Licensee is using the Marks improperly, and/or in connection with Directory Services which do not meet the standards set forth in Section 4.1 or Section 4.2, Netscape shall notify Licensee, and Licensee shall remedy the improper use within 2 business days following receipt of such notice from Netscape. Use of the Marks on goods or services other than the Directory Services or the promotion of the Navigational Services, in a manner inconsistent with the Trademark Guidelines, __________________________________ --------------- * Confidential Treatment Requested. Generic Trademark License Agreement CONFIDENTIAL AND PROPRIETARY or in connection with an infringement of Netscape's or a third party's rights, including but not limited to rights under trademark, patent, trade secret or copyright, laws shall constitute material breach of this Agreement. If such material breach has not been cured within 2 business days following receipt of notice from Netscape, this Agreement shall be terminated.

MONITORING BY NETSCAPE. Licensee acknowledges that Netscape has no further obligations under this Agreement but that Netscape does have the right to periodically monitor Licensee's use of the Marks in conjunction with the Directory Services. Upon request by Netscape, Licensee shall provide Netscape with representative samples of each such use prior to the time the Marks are published on the Internet or in press materials or marketing or advertising materials. If Netscape determines that Licensee is using the Marks improperly, and/or in connection with Directory Services which do not meet the standards set forth in Section 4.1 or Section 4.2, Netscape shall notify Licensee, and Licensee shall remedy the improper use within 2 business days following receipt of such notice from Netscape. Use of the Marks on goods or services other than the Directory Services or the promotion of the Navigational Services, in a manner inconsistent with the Trademark Guidelines, __________________________________ ------------- * Confidential Treatment Requested. Generic Trademark License Agreement CONFIDENTIAL AND PROPRIETARY or in connection with an infringement of Netscape's or a third party's rights, including but not limited to rights under trademark, patent, trade secret or copyright, laws shall constitute material breach of this Agreement. If such material breach has not been cured within 2 business days following receipt of notice from Netscape, this Agreement shall be terminated.