Common use of Notice of Infringement or Claim Clause in Contracts

Notice of Infringement or Claim. Buyer will promptly notify Seller if Buyer learns of any challenge to its use, or any apparent infringement, of any Seller Xxxx or any claim by any person to rights in any Seller Xxxx that are inconsistent with Seller’s rights to Seller Marks as described in this Section 12(a). Seller and its Affiliates retain the right to control exclusively all settlements, litigation, and Patent and Trademark Office proceedings and other proceedings arising out of each such infringement or claim. Buyer will execute all documents and provide, at Seller’s expense, all assistance that Seller reasonably requests to protect Seller’s interests in Seller Marks and to protect Seller’s interests in all litigation and proceedings concerning Seller Marks.

Appears in 6 contracts

Samples: Merchandising Agreement, Merchandising Agreement (Sears Hometown & Outlet Stores, Inc.), Merchandising Agreement (Sears Hometown & Outlet Stores, Inc.)

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Notice of Infringement or Claim. Buyer Seller will promptly notify Buyer if Seller if Buyer learns of any challenge to its use, or any apparent infringement, of any Seller Buyer Xxxx or any claim by any person to rights in any Seller Buyer Xxxx that are inconsistent with SellerBuyer’s rights to Seller Buyer Marks as described in this Section 12(a12(b). Seller Buyer and its Affiliates retain the right to control exclusively all settlements, litigation, and Patent and Trademark Office proceedings and other proceedings arising out of each such infringement or claim. Buyer Seller will execute all documents and provide, at SellerBuyer’s expense, all assistance that Seller Buyer reasonably requests to protect SellerBuyer’s interests in Seller Buyer Marks and to protect SellerBuyer’s interests in all litigation and proceedings concerning Seller Buyer Marks.

Appears in 6 contracts

Samples: Merchandising Agreement, Merchandising Agreement (Sears Hometown & Outlet Stores, Inc.), Merchandising Agreement (Sears Hometown & Outlet Stores, Inc.)

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