Notification of Unauthorized Use/Infringement. In the event Licensee: (i) becomes aware of any unauthorized use of one or more of the Marks by a third party; or (ii) has an objectively reasonable belief that the use of one or more of the Marks by a third-party licensee does not comply with this Agreement and the Usage Guidelines, Licensee shall use reasonable efforts to promptly notify Alliance in writing, and shall provide reasonable cooperation, at Alliance’s expense, in any enforcement of Alliance’s rights against such third party or third-party licensee. Alliance agrees that breach of this Section 7.1 by Licensee is not a material breach of this Agreement, and Alliance cannot terminate this Agreement or Licensee’s right to use the Xxxx(s) solely as a result of Licensee’s breach of this Section 7.1. The right to enforce Alliance’s rights in the Xxxx(s) rests entirely with Alliance and shall be exercised in Alliance’s sole discretion. Alliance shall be entitled to any monetary recovery by way of settlement or judgment. Licensee shall not commence any action or claim to enforce Alliance’s rights in the Xxxx(s), other than the above-required notification.
Notification of Unauthorized Use/Infringement. In the event Participant: (i) becomes aware of any unauthorized use of one or more of the Marks by a third party; or (ii) has an objectively reasonable belief that the use of one or more of the Marks by a third-party licensee does not comply with this Agreement and the ONF Logo Usage Guidelines, Participant shall use reasonable efforts to promptly notify ONF in writing. The right to enforce ONF’s rights in the Xxxx(s) rests entirely with ONF and shall be exercised in ONF’s sole discretion. ONF shall be entitled to any monetary recovery by way of settlement or judgment. Participant shall not commence any action or claim to enforce ONF’s rights in the Xxxx(s), other than the above-required notification. Miscellaneous Terms
Notification of Unauthorized Use/Infringement. For the benefit of both parties, Licensor and Licensee will cooperate to ensure that third parties may not unlawfully infringe the Certification Mark or engage in any act of unfair competition involving the Certification Mark. Licensee will promptly notify Licensor of any such infringements or unfair acts by third parties that come to its attention and will provide reasonable cooperation, at Licensor’s reasonable expense, in any enforcement of Licensor’s rights against such third party making the unauthorized use. Licensor will have the exclusive right, exercisable at its discretion, to institute and to control all actions against third parties relating to the Certification Mark, at Licensor’s expense. With respect to any such actions, Licensor will employ counsel of its own choice to direct the handling of the litigation and any settlement thereof. Licensor will have the sole right (but not obligation) to enforce its rights in the Certification Mark and to enforce its agreements with any third parties. Licensee will not commence any action or claim to enforce Licensor’s rights in the Certification Mark, other than the above-required notification. Licensor will incur no liability to Licensee by reason of Licensor’s failure or refusal to prosecute, or by Licensor’s refusal to permit Licensee to prosecute, any alleged infringement by third parties, nor by reason of any settlement to which Licensor may agree.
