Common use of Notification of Unauthorized Use/Infringement Clause in Contracts

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 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(sMark(s) solely as a result of Licensee’s breach of this Section 7.1. The right to enforce Alliance’s rights in the Xxxx(sMark(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(sMark(s), other than the above-required notification.