Notification of Infringements and Claims. You agree to notify us immediately of any apparent infringement or challenge to your use of any Marks, or of any claim by any person of any rights in any Marks, and agree not to communicate with any person other than us, our attorneys and your attorneys in connection with any such infringement, challenge or claim. We have sole discretion to take such action as we deem appropriate and the right to control exclusively any litigation, United State Patent and Trademark Office ("USPTO") proceeding or any other administrative proceeding arising out of any such infringement, challenge or claim or otherwise relating to any Marks. You agree to sign any and all instruments and documents, render such assistance and do such acts and things as, in the opinion of our attorneys, may be necessary or advisable to protect and maintain our interests in any litigation or USPTO proceeding or other proceeding or otherwise to protect and maintain our interests in the Marks.
Notification of Infringements and Claims. You must notify us immediately of any apparent infringement of or challenge to your use of any Xxxx, or any claim by another person of any rights in any Xxxx. You may not communicate with any person, other than your legal counsel, us, and our applicable Affiliate and its legal counsel, in connection with any such infringement, challenge or claim. We, and our applicable Affiliate, will have sole discretion to take such action as we deem appropriate and will have the right to control exclusively any litigation or U.S. Patent and Trademark Office proceeding arising out of any such infringement, challenge or claim or otherwise relating to any Xxxx. You must sign any and all documents, render such assistance and do such things as may be advisable in the opinion of our or our applicable Affiliate’s counsel, to protect our interests in any litigation or U.S. Patent and Trademark Office proceeding or other administrative proceeding or otherwise to protect our interests in the Marks.
Notification of Infringements and Claims. You agree to notify us immediately of any apparent infringement of or challenge to your use of any Xxxx, or of any claim by any person of any rights in any Xxxx, and you agree not to communicate with any person other than us, our attorneys and your attorneys in connection with any such infringement, challenge or claim. We have sole discretion to take such action as we deem appropriate and the right to control exclusively any litigation, U.S. Patent and Trademark Office or U.S. Copyright Office proceeding or any other administrative proceeding arising out of any such infringement, challenge or claim or otherwise relating to any Xxxx. You agree to sign any and all instruments and documents, render such assistance and do such acts and things as, in the opinion of our attorneys, may be necessary or advisable to protect and maintain our interests in any litigation or U.S. Patent and Trademark Office, U.S. Copyright Office, or other proceeding or otherwise to protect and maintain our interests in the Marks.
Notification of Infringements and Claims. You agree to immediately notify us in writing of any apparent infringement of or challenge to your use of any Mark, or claim by any person of any rights in any Mark or similar trade name, trademark, or service mark of which you become aware. You agree not to communicate with anyone except us and our counsel in connection with any such infringement, challenge, or claim. We have the right to exclusively control any litigation or other proceeding arising out of any actual or alleged infringement, challenge, or claim relating to any Mark. You agree to sign any documents, render any assistance, and do any acts that our attorneys say is necessary or advisable in order to protect and maintain our interests in any litigation or proceeding related to the Marks, or to otherwise protect and maintain our interests in the Marks.
Notification of Infringements and Claims. The Marketer shall immediately notify the Franchisor of any apparent infringement of or challenge to the Marketer's use of any Xxxx, or claim by any person of any rights in any Xxxx, and the Marketer shall not communicate with any person other than the Franchisor or its counsel in connection with any such matter. The Marketer may not settle any claim without the Franchisor's written consent. The Franchisor shall have sole discretion to take such action as it deems appropriate and the right to control exclusively any litigation, U.S. Patent and Trademark Office proceeding or any other administrative proceeding arising out of any such infringement, challenge or claim or otherwise relating to any Xxxx. The Marketer agrees to execute any and all instruments and documents, render such assistance and perform such acts as, in the opinion of the Franchisor's counsel, may be necessary or advisable to protect and maintain the Franchisor's interest in the Marks.
Notification of Infringements and Claims. FRANCHISEE shall immediately notify COMPANY of any apparent infringement of or challenge to FRANCHISEE'S use of any Xxxx. COMPANY shall have sole discretion to take such action as it deems appropriate and the right to exclusively control any litigation or proceeding arising out of any such infringement or challenge and FRANCHISEE agrees to render such assistance in connection therewith as COMPANY deems necessary or advisable.
Notification of Infringements and Claims. Franchisee shall notify the Company immediately of any apparent infringement of or challenge to Franchisee's use of any Xxxx, or claim by any person of any right in any Xxxx or the copyrighted Operating Standards Manual, and Franchisee shall not communicate with any person other than the Company and its counsel in connection with any such infringement, challenge or claim. The Company shall have sole discretion to take such action as it deems appropriate and the right to exclusively control any litigation, U.S. Patent and Trademark Office or Copyright Office proceeding or other administrative proceeding arising out of any such infringement, challenge or claim or otherwise relating to any Xxxx or the copyrighted Operating Standards Manual. Franchisee agrees to execute and deliver any and all instruments and documents which, in the opinion of the Company's counsel, are necessary or advisable to protect and maintain the interests of the Company in any such litigation or administrative proceeding or to otherwise protect and maintain the interests of the Company in the Marks or the copyrighted Operating Standards Manual.
Notification of Infringements and Claims. (a) LICENSEE shall immediately notify LICENSOR of any apparent infringement of, challenge to use by LICENSEE of, or claim by any person to any rights in, the Marks. LICENSEE agrees to execute any and all instruments which, in the opinion of LICENSOR, may be reasonably necessary or advisable to protect and maintain the interests of LICENSOR in the Marks.
(b) LICENSOR will at all times have the right, in its sole discretion, to take whatever steps it deems necessary or desirable to protect the Marks from all harmful or wrongful activities of third parties. Such steps may include, but are not limited to, the filing and prosecution of (a) litigation against infringement or unfair competition by third parties, (b) opposition proceedings against applications for trademark or service mark registration for marks that are confusingly similar to any one xx xore of the Marks, (c) cancellation proceedings against registration of marks that are confusingly similar to any one or more of the Marks, and (d) other appropriate administrative actions. LICENSOR shall have the right to include LICENSEE in such litigation, opposition, cancellation or other proceedings when necessary. LICENSEE shall cooperate with LICENSOR in any such proceeding by providing oral testimony and documentary and other relevant evidence, all at LICENSOR's cost and expense.
(c) If LICENSOR and LICENSEE jointly participate in any litigation or other proceeding with respect to the Marks, the respective responsibilities of the parties, their contributions to the costs, and their participation in any recoveries, will be shared equally by each party.
(d) If LICENSEE desires to file litigation or other proceeding against a third party, and LICENSOR, in its sole discretion, declines to commence such litigation or proceeding, LICENSEE shall be entitled to commence and prosecute the litigation or proceeding at its own expense, and shall be entitled to all monetary damages received as a result. LICENSEE shall not be authorized to enter into any agreement, consent, order or other resolution of a claim by or against a third party that affects Marks without giving LICENSOR prior written notice of such proposed agreement, consent order or other resolution. LICENSOR shall have the right to approve any such agreement, consent order or other resolution, which approval shall not be unreasonably withheld or delayed. LICENSOR shall cooperate with LICENSEE in the prosecution of such litigation or proceeding, all at LICEN...
Notification of Infringements and Claims. Licensee shall notify Licensor promptly after it acquires knowledge of any apparent infringement of or challenge to Licensee's use of any Mark, Know-how, Copyrighted Work, Licensor's Confidential Information xx other intellectual property rights licensed under this Agreement, or claim by any person of any rights in any Mark, Know-how, Copyrighted Work, Licensor's Confidential Information xx other intellectual property rights licensed under this Agreement, and Licensee shall not communicate with any person other than Licensee's counsel, Licensor and its counsel in connection with any such infringement, challenge or claim. Licensor shall have sole discretion to take such action as it deems appropriate in connection with the foregoing, and the right to control exclusively any settlement, litigation or other proceeding arising out of any such alleged infringement, challenge or claim or otherwise relating to any Mark, Know-how, Copyrighted Work, Licensor's Confidential Information xx other intellectual property rights licensed under this Agreement, and to retain all proceeds of any litigation or settlement. Licensee agrees to execute any and all instruments and documents, render such assistance, and do such acts and things as may, in the opinion of Licensor's counsel, be reasonably necessary or advisable to protect and maintain the interests of Licensor and its Affiliates in any litigation or other proceeding or to otherwise protect and maintain the interests of Licensor and its Affiliates in the Marks, Know-how, Copyrighted Works, Licensor's Confidential Information and other intellectual property rights licensed under this Agreement.
Notification of Infringements and Claims. Franchisee agrees to notify Hyatt immediately of any apparent infringement or challenge to Franchisee’s use of any Proprietary Mxxx, Copyrighted Materials, or Confidential Information, or of any person’s claim of any rights in any Proprietary Mxxx, Copyrighted Materials, or Confidential Information, and not to communicate with any person other than Hyatt, its Affiliates, and its and their attorneys, and Franchisee’s attorneys, regarding any infringement, challenge, or claim. Hyatt and its Affiliates may take the action it and they deem appropriate (including no action) and control exclusively any Proceeding arising from any infringement, challenge, or claim or otherwise concerning any Proprietary Mxxx, Copyrighted Materials, or Confidential Information. Franchisee agrees to sign any documents and take any other reasonable actions that, in the opinion of Hyatt’s and its Affiliates’ attorneys, are necessary or advisable to protect and maintain Hyatt’s and its Affiliates’ interests in any Proceeding or otherwise to protect and maintain Hyatt’s and its Affiliates’ interests in the Proprietary Marks, Copyrighted Materials, and Confidential Information. Hyatt or its Affiliate will reimburse Franchisee’s reasonable out-of-pocket costs for taking any requested action.
