Common use of Proprietary Marks Clause in Contracts

Proprietary Marks. A. During the Term of this Agreement, the name and branding of Management Company and/or its Affiliates (to the extent of any such Affiliate’s connection with the Hotel), whether used alone or in connection with other another word(s), and all proprietary marks (being all present and future trademarks, trade names, symbols, logos, insignia, service marks, and the like) of Management Company or any one of its Affiliates, whether or not registered (“Proprietary Marks”) shall in all events remain the exclusive property of Management Company and its Affiliates. TRS shall have no right to use any Proprietary Mxxx, except during the Term of this Agreement and solely in connection with the Hotel. Any signage installed using any Proprietary Mxxx shall at all times be in conformance with the specifications provided by Management Company. B. Apart from the right of TRS to use the Proprietary Marks pursuant to this Agreement, TRS shall acquire no right, title, or interest of any kind or nature whatsoever in or to the Proprietary Marks, or the goodwill associated with the Proprietary Marks. Upon Termination, any and all use of a Proprietary Mxxx by TRS under this Agreement shall immediately cease. Upon Termination, Management Company shall have the option to purchase, at their then book value, any items of the Hotel’s Inventories and Fixed Asset Supplies as may be marked with a Proprietary Mxxx. In the event Management Company does not exercise such option, TRS agrees that it will use any such items not so purchased exclusively in connection with the Hotel until they are consumed.

Appears in 5 contracts

Samples: Purchase and Sale Agreement (American Realty Capital Hospitality Trust, Inc.), Management Agreement (American Realty Capital Hospitality Trust, Inc.), Management Agreement (American Realty Capital Hospitality Trust, Inc.)

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Proprietary Marks. A. During the Term of this Agreement, the name and branding of Management Company and/or its Affiliates (to the extent of any such Affiliate’s connection with the Hotel), “Commonwealth” or “Commonwealth Hotels,” whether used alone or in connection with one or more other another word(s), and all proprietary marks (being all present and future trademarks, trade names, symbols, logos, insignia, service marks, and the like) of Management Company or any one of its Affiliates, whether or not registered (“Proprietary Marks”) shall in all events remain the exclusive property of Management Company and its Affiliates. TRS Owner shall have no right to use any Proprietary MxxxXxxx of Management Company or any one of its Affiliates, except during the Term of this Agreement and solely in connection with the Hotel. Any to have signage installed using any Proprietary Mxxx shall at all times be Xxxx of Management Company or any one of its Affiliates in conformance with the specifications provided by Management Company. B. Apart from the right of TRS to use the Proprietary Marks pursuant to this Agreement, TRS shall acquire no right, title, or interest of any kind or nature whatsoever in or to the Proprietary Marks, or the goodwill associated with the Proprietary Marks. Upon Termination, any and all use of a Proprietary Mxxx Xxxx by TRS Owner under this Agreement shall immediately cease. Upon Termination, Management Company shall have the option to purchase, at their then book value, any items of the Hotel’s Inventories and Fixed Asset Supplies as may be marked with a Proprietary MxxxXxxx of Management Company or any one of its Affiliates. In the event Management Company does not exercise such option, TRS Owner agrees that it will use any such items not so purchased exclusively in connection with the Hotel until they are consumed. During the Term of this Agreement, the name “ ” whether used alone or in connection with one or more other words, and all proprietary marks of Owner shall in all events remain the exclusive property of Owner and its Affiliates. Management Company shall have no right to use any proprietary xxxx of Owner or its Affiliates, except during the Term of this Agreement to have signage installed using any proprietary xxxx of Owner or its Affiliates in conformance with the specifications provided by Owner. Upon Termination, any use of a proprietary xxxx of Owner or its Affiliates by Management Company under this Agreement shall immediately cease.

Appears in 1 contract

Samples: Hotel Management Agreement (Eagle Hospitality Properties Trust, Inc.)

Proprietary Marks. A. During the Term of this Agreement, the name and branding of Management Company and/or its Affiliates (to the extent of any such Affiliate’s connection with the Hotel), “Crestline,” whether used alone or in connection with other another word(s), and all proprietary marks (being all present and future trademarks, trade names, symbols, logos, insignia, service marks, and the like) of Management Company or any one of its Affiliates, whether or not registered (“Proprietary Marks”) shall in all events remain the exclusive property of Management Company and its Affiliates. TRS Owner shall have no right to use any Proprietary Mxxx, except during the Term of this Agreement and solely in connection with the Hotel. Any signage installed using any Proprietary Mxxx shall at all times be in conformance with the specifications provided by Management Company. B. Apart from the right of TRS Owner to use the Proprietary Marks pursuant to this Agreement, TRS Owner shall acquire no right, title, or interest of any kind or nature whatsoever in or to the Proprietary Marks, or the goodwill associated with the Proprietary Marks. Upon Termination, any and all use of a Proprietary Mxxx by TRS Owner under this Agreement shall immediately cease. Upon Termination, Management Company shall have the option to purchase, at their then book value, any items of the Hotel’s Inventories and Fixed Asset Supplies as may be marked with a Proprietary Mxxx. In the event Management Company does not exercise such option, TRS Owner agrees that it will use any such items not so purchased exclusively in connection with the Hotel until they are consumed.

Appears in 1 contract

Samples: Purchase and Sale Agreement (American Realty Capital Hospitality Trust, Inc.)

Proprietary Marks. A. During the Term of this Agreement, the name and branding of Management Company and/or its Affiliates (to the extent of any such Affiliate’s connection with the Hotel), "Crestline" or "Barcelo Crestline," whether used alone or in connection with one or more other another word(s), and all proprietary marks (being all present and future trademarks, trade names, symbols, logos, insignia, service marks, and the like) of Management Company or any one of its Affiliates, whether or not registered ("Proprietary Marks") shall in all events remain the exclusive property of Management Company and its Affiliates. TRS Owner shall have no right to use any Proprietary MxxxMark of Management Company or any one of its Affiliates, except during the durinx xxe Term of this Agreement and solely in connection with the Hotel. Any to have signage installed using any Proprietary Mxxx shall at all times be Mark of Management Company or any one of its Affiliates in conformance with conformancx xxth the specifications provided by Management Company. B. Apart from the right of TRS to use the Proprietary Marks pursuant to this Agreement, TRS shall acquire no right, title, or interest of any kind or nature whatsoever in or to the Proprietary Marks, or the goodwill associated with the Proprietary Marks. Upon Termination, any and all use of a Proprietary Mxxx Mark by TRS Owner under this Agreement shall immediately cease. Upon TerminationTermxxxxion, Management Company shall have the option to purchase, at their then book value, any items of the Hotel’s 's Inventories and Fixed Asset Supplies as may be marked with a Proprietary MxxxMark of Management Company or any one of its Affiliates. In the event Management Xxxagement Company does not exercise such option, TRS Owner agrees that it will use any such items not so purchased exclusively in connection with the Hotel until they are consumed. During the Term of this Agreement, the name "___________" whether used alone or in connection with one or more other words, and all proprietary marks of Owner shall in all events remain the exclusive property of Owner and its Affiliates. Management Company shall have no right to use any proprietary mark of Owner or its Affiliates, except during the Term of this Agreexxxx to have signage installed using any proprietary mark of Owner or its Affiliates in conformance with the specificationx xxovided by Owner. Upon Termination, any use of a proprietary mark of Owner or its Affiliates by Management Company under this Agrexxxxt shall immediately cease.

Appears in 1 contract

Samples: Management Agreement (Highland Hospitality Corp)

Proprietary Marks. A. During the Term term of this Agreement, the name and branding of Management Company and/or its Affiliates (to the extent of any such Affiliate’s connection with the Hotel), "Crestline" or "Barcelo Crestline," whether used alone or in connection with other another word(s), and all proprietary marks (being all present and future trademarks, trade names, symbols, logos, insignia, service marks, and the like) of Management Company or any one of its Affiliates, whether or not registered ("Proprietary Marks") shall in all events remain the exclusive property of Management Company and its Affiliates. TRS Owner shall have no right to use any Proprietary MxxxXxxx of Management Company or any one of its Affiliates, except during the Term term of this Agreement and solely in connection with the Hotel. Any to have signage installed using any Proprietary Mxxx shall at all times be Xxxx of Management Company or any one of its Affiliates in conformance with the specifications provided by Management Company. B. Apart from the right of TRS to use the Proprietary Marks pursuant to this Agreement, TRS shall acquire no right, title, or interest of any kind or nature whatsoever in or to the Proprietary Marks, or the goodwill associated with the Proprietary Marks. Upon Termination, any and all use of a Proprietary Mxxx Xxxx by TRS Owner under this Agreement shall immediately cease. Upon Termination, Management Company shall have the option to purchase, at their then book value, any items of the Hotel’s 's Inventories and Fixed Asset Supplies as may be marked with a Proprietary MxxxXxxx of Management Company or any one of its Affiliates. In the event Management Company does not exercise such option, TRS Owner agrees that it will use any such items not so purchased exclusively in connection with the Hotel until they are consumed. During the terms of this Agreement, the name "Sandalwood" whether used alone or in connection with other another word(s), and all proprietary marks of Owner shall in all events remain the exclusive property of Owner and its Affiliates. Management Company shall have no right to use any proprietary xxxx of Owner or its Affiliates, except during the term of this Agreement to have signage installed using any proprietary xxxx of Owner or its Affiliates in conformance with the specifications provided by Owner. Upon Termination, any use of a proprietary xxxx of Owner or its Affiliates by Management Company under this Agreement shall immediately cease.

Appears in 1 contract

Samples: Right of First Refusal and Services Agreement (Sandalwood Lodging Investment Corp)

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Proprietary Marks. A. During the Term of this Agreement, the name and branding of Management Company and/or its Affiliates (to the extent of any such Affiliate’s connection with the Hotel)Company, whether used alone or in connection with other another word(s), and all proprietary marks (being all present and future trademarks, trade names, symbols, logos, insignia, service marks, and the like) of Management Company or any one of its Affiliates, whether or not registered (“Proprietary Marks”) shall in all events remain the exclusive property of Management Company and its Affiliates. TRS shall have no right to use any Proprietary Mxxx, except during the Term of this Agreement and solely in connection with the Hotel. Any signage installed using any Proprietary Mxxx shall at all times be in conformance with the specifications provided by Management Company. B. Apart from the right of TRS to use the Proprietary Marks pursuant to this Agreement, TRS shall acquire no right, title, or interest of any kind or nature whatsoever in or to the Proprietary Marks, or the goodwill associated with the Proprietary Marks. Upon Termination, any and all use of a Proprietary Mxxx by TRS under this Agreement shall immediately cease. Upon Termination, Management Company shall have the option to purchase, at their then book value, any items of the Hotel’s Inventories and Fixed Asset Supplies as may be marked with a Proprietary Mxxx. In the event Management Company does not exercise such option, TRS agrees that it will use any such items not so purchased exclusively in connection with the Hotel until they are consumed.

Appears in 1 contract

Samples: Management Agreement (American Realty Capital Hospitality Trust, Inc.)

Proprietary Marks. A. During the Term of this Agreement, the name and branding of Management Company and/or its Affiliates (to the extent of any such Affiliate’s connection with the Hotel), “Crestline” or “Barceló Crestline,” whether used alone or in connection with one or more other another word(s), and all proprietary marks (being all present and future trademarks, trade names, symbols, logos, insignia, service marks, and the like) of Management Company or any one of its Affiliates, whether or not registered (“Proprietary Marks”) shall in all events remain the exclusive property of Management Company and its Affiliates. TRS Owner shall have no right to use any Proprietary MxxxXxxx of Management Company or any one of its Affiliates, except during the Term of this Agreement and solely in connection with the Hotel. Any to have signage installed using any Proprietary Mxxx shall at all times be Xxxx of Management Company or any one of its Affiliates in conformance with the specifications provided by Management Company. B. Apart from the right of TRS to use the Proprietary Marks pursuant to this Agreement, TRS shall acquire no right, title, or interest of any kind or nature whatsoever in or to the Proprietary Marks, or the goodwill associated with the Proprietary Marks. Upon Termination, any and all use of a Proprietary Mxxx Xxxx by TRS Owner under this Agreement shall immediately cease. Upon Termination, Management Company shall have the option to purchase, at their then book value, any items of the Hotel’s Inventories and Fixed Asset Supplies as may be marked with a Proprietary MxxxXxxx of Management Company or any one of its Affiliates. In the event Management Company does not exercise such option, TRS Owner agrees that it will use any such items not so purchased exclusively in connection with the Hotel until they are consumed. During the Term of this Agreement, the name “ ” whether used alone or in connection with one or more other words, and all proprietary marks of Owner shall in all events remain the exclusive property of Owner and its Affiliates. Management Company shall have no right to use any proprietary xxxx of Owner or its Affiliates, except during the Term of this Agreement to have signage installed using any proprietary xxxx of Owner or its Affiliates in conformance with the specifications provided by Owner. Upon Termination, any use of a proprietary xxxx of Owner or its Affiliates by Management Company under this Agreement shall immediately cease.

Appears in 1 contract

Samples: Management Agreement (Highland Hospitality Corp)

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