Protection of the Xxxx Sample Clauses

Protection of the Xxxx. LICENSEE acknowledges the validity, inherent distinctiveness and acquired distinctiveness of the Xxxx and agrees not to challenge the same. LICENSEE also agrees that any and all rights that may be acquired by the use of the Xxxx by LICENSEE shall inure to the sole benefit of AOAC-RI. LICENSEE agrees not to use the Xxxx or any similar xxxx as part of its trade name, trademark, service xxxx, certification xxxx, collective xxxx or any other designation unless such use is authorized under this Agreement. LICENSEE further agrees to refrain from causing or assisting any person to do any of the things for which LICENSEE is prohibited.
AutoNDA by SimpleDocs
Protection of the Xxxx. 5.1 The Parties shall immediately notify each other in writing giving full particulars if any of the following matters come to their attention: (a) any actual, suspected or threatened infringement of the Xxxx; (b) any actual or threatened claim that the Xxxx is invalid; (c) any actual or threatened opposition to the Xxxx; (d) any claim made or threatened that use of the Xxxx infringes the rights of any third party; (e) any person applies for, or is granted, a registered trade xxxx by reason of which that person may be, or has been, granted rights which conflict with any of the rights granted to the Licensee under this Licence Agreement; or (f) any other form of attack, charge or claim to which the Xxxx xxx be subject. 5.2 In respect of any of the matters listed in clause 5.1: (a) the Licensor shall, in its absolute discretion, decide what action if any to take; (b) the Licensor shall have exclusive control over, and conduct of, all claims and proceedings; (c) the Licensee shall not make any admissions other than to the Licensor and shall provide the Licensor with all assistance that it may reasonably require in the conduct of any claims or proceedings; and (d) to the extent the Licensee not being responsible, either directly or indirectly, for any of the matters listed in clause 5.1 above happening, the Licensor shall bear the cost of any proceedings and shall be entitled to retain all sums recovered in any action for its own account.
Protection of the Xxxx. During the term of this Agreement, U-SHIP agrees to refrain from any unauthorized use of the trademark, KINKO'S (the "Xxxx") and agrees to assure usage of the Xxxx solely as approved hereunder and as otherwise approved in writing by KINKO'S. U-SHIP shall not use, or permit the use of, the Xxxx in written and/or oral communication(s) or in any other manner or form without prior written consent for each and every such use. This Agreement does not constitute a grant of a license to KINKO'S for use any of U-SHIP'S trademarks, logos or trade names; to the extent trademarks, logos or trade names appear on an ASC, on screen or on line, the same are for identification purposes and no proprietary right or license is hereby given to KINKO'S.
Protection of the Xxxx. 4.1 The Licensee shall immediately notify WRc in writing giving full particulars if any of the following matters come to its attention: 4.1.1 any actual, suspected or threatened infringement of the Xxxx; 4.1.2 any claim made or threatened that the Xxxx infringes the rights of any third party; or 4.1.3 any other form of attack, charge or claim to which the Xxxx xxx be subject. 4.2 In respect of any of the matters listed in clause 4.1: 4.2.1 WRc shall, at its absolute discretion, decide what action to take, if any; 4.2.2 WRc shall have exclusive control over, and conduct of, all claims and proceedings; 4.2.3 the Licensee shall not make any admissions other than to WRc and shall provide WRc with all assistance that WRc may reasonably require in the conduct of any claims or proceedings; and 4.2.4 WRc shall bear the cost of any proceedings and shall be entitled to retain all sums recovered in any action for its own account. 4.3 Nothing in this licence shall constitute any representation or warranty that the exercise by the Licensee of rights granted under this licence will not infringe the rights of any person.
Protection of the Xxxx. During the term of this Agreement, U-SHIP agrees to refrain from any unauthorized use of the trademark, OFFICEMAX INC. (the "Xxxx") and agrees to assure usage of the Xxxx solely as approved hereunder and as otherwise approved in writing by OFFICEMAX INC.. U-SHIP shall not use, or permit the use of, the Xxxx in written and/or oral communication(s) or in any other manner or form without prior written consent for each and every such use. This Agreement does not constitute a grant of a license to OFFICEMAX INC. for use any of U-SHIP's trademarks, logos or trade names; to the extent trademarks, logos or trade names appear on an ASC, on screen or on line, the same are for identification purposes and no proprietary right or license is hereby given to OFFICEMAX INC.
Protection of the Xxxx. 12.1 Licensee shall promptly notify Licensor in writing of any infringements, claims or actions by others in derogation of the Marks of which Licensee is aware. 12.2 Should Licensor refuse or fail to promptly initiate any legal proceedings on account of any infringements, claims or actions by others in derogation of the Marks (including, without limitation, unfair competition or other actions which inhibit the ability of Licensor and/or Licensee to advertise, promote or sell the Licensed Products under the Marks), Licensee may do so and Licensor shall cooperate with and assist Licensee to the extent reasonably necessary, including, but not limited to, being joined as a necessary or desirable party to such proceedings. Licensee may settle or compromise, in its sole discretion, any such proceedings and in the event Licensee settles or resolves any such proceedings Licensee shall be entitled to retain any recovery from the third party for its own account. [***]: CONFIDENTIAL PORTIONS OMITTED AND FILED SEPARATELY WITH THE COMMISSION. CONFIDENTIAL TREATMENT HAS BEEN REQUESTED WITH RESPECT TO THE OMITTED INFORMATION.
Protection of the Xxxx. 7.1 The Company shall promptly inform the Club of any suspected unauthorised use of the Xxxx (or any confusingly similar xxxx) of which it becomes aware, and shall provide the Club with such documents, information and assistance as it can in relation to any such use. 7.2 The Club gives no warranty and makes no representation in or pursuant to this licence that the use of the Xxxx, nor the manufacture, use, sale or other dealing in any of the Licensed Products, does not or will not infringe the rights of others.
AutoNDA by SimpleDocs
Protection of the Xxxx 

Related to Protection of the Xxxx

  • Protection of PFPC PFPC shall be indemnified by the Fund and without liability for any action PFPC takes or does not take in reliance upon directions or advice or Oral Instructions or Written Instructions PFPC receives from or on behalf of the Fund or from counsel and which PFPC believes, in good faith, to be consistent with those directions or advice and Oral Instructions or Written Instructions. Nothing in this section shall be construed so as to impose an obligation upon PFPC (i) to seek such directions or advice or Oral Instructions or Written Instructions, or (ii) to act in accordance with such directions or advice or Oral Instructions or Written Instructions.

  • PROTECTION OF TEACHERS A. The Board recognizes its responsibility to give reasonable support and assistance to Teachers for the maintenance of control and discipline in the classroom. Each Teacher, however, bears the primary responsibility for maintaining proper control and discipline in the classroom. B. As permitted by Section 1309 of the Revised School Code, a Teacher may temporarily exclude a student from one (1) class when the nature of the offense, the persistence of the misbehavior, or the disruptive effect of the violation makes the continued presence of the student in the classroom intolerable. In such cases, the Teacher will furnish the Principal with written particulars of the incident as promptly as teaching obligations allow. Upon request of the Principal, the Teacher shall notify the student’s parent of the nature of the offense. If the Principal determines the need for a meeting with the student’s parent, the Teacher shall attend that meeting. C. The Teachers recognize that all disciplinary actions and methods invoked by them shall be reasonable and just. D. Any assault or threatened assault upon a Teacher, resulting from his/her position as a Teacher, shall be promptly reported to the Building Principal by the Teacher or representative. The Board shall provide legal counsel, if requested in writing by the Teacher, to advise the Teacher of the Teacher’s rights and obligations as to such assault. The Board will provide reasonable assistance to the Teacher in working with law enforcement and judicial authorities, unless such counsel and assistance are provided through the Association. E. If a Teacher is complained against or sued as a result of any reasonable action as defined by a court of law and taken by the Teacher while in the scope of his/her employment with the District, the Board shall provide legal counsel and render all reasonable assistance, as appropriate, to the Teacher in his/her defense when requested in writing by the Teacher. This section shall only require the provision of legal counsel and shall not be interpreted to interfere with the Board’s right to exercise supervision and control, including discharge of the Teacher. If a final decision issued by a court or administrative agency indicates the Teacher’s liability for this action, all costs of assistance rendered by the District to the Teacher pursuant to this paragraph and not covered by the District’s insurance carrier, shall be reimbursed by the Teacher. F. Except for disciplinary suspension or discharge, or for incarceration, any work time lost by a Teacher in connection with an incident identified in Article 9.D, not compensable under Workers’ Compensation, shall not be charged against the Teacher, unless the Teacher is adjudged liable by an agency or court of competent jurisdiction. When Workers’ Compensation is paid, the Board shall pay the difference between that sum and the Teacher’s regular salary, but not to exceed the current year’s contract. No deduction of leave shall be made under these circumstances. G. In case of an assault by a student(s) on a Teacher acting in the line of duty, or other action taken by or against a Teacher in the line of duty, causing damage to the Teacher’s personal property, including clothing, the Board shall make an equitable financial settlement for such loss with the Teacher involved. H. Any complaint directed toward a Teacher shall be promptly called to the Teacher’s attention unless otherwise prohibited by law. This requirement shall not prevent the Supervisor from screening out xxxxx gripes. I. Teachers shall be expected to exercise reasonable care as to the safety of students and property.

  • Protection of the Environment If the Contractor encounters circumstances such as weather conditions or site factors where the Contractor knows or should reasonably know that proceeding with the Work may, directly or indirectly, cause Environmental Damage, the Contractor shall:

  • Protection of Third Parties No person (including a purchaser) dealing with the Agent or a Receiver or its or his agents will be concerned to enquire: (a) whether the Secured Liabilities have become payable; (b) whether any power which the Agent or a Receiver is purporting to exercise has become exercisable or is being properly exercised; (c) whether any money remains due under the Finance Documents; or (d) how any money paid to the Agent or to that Receiver is to be applied.

  • Protection of PFPC Trust PFPC Trust shall be indemnified by the Fund and without liability for any action PFPC Trust takes or does not take in reliance upon directions or advice or Oral Instructions or Written Instructions PFPC Trust receives from or on behalf of the Fund or from counsel and which PFPC Trust believes, in good faith, to be consistent with those directions or advice or Oral Instructions or Written Instructions. Nothing in this section shall be construed so as to impose an obligation upon PFPC Trust (i) to seek such directions or advice or Oral Instructions or Written Instructions, or (ii) to act in accordance with such directions or advice or Oral Instructions or Written Instructions.

  • Protection of Trade Secrets The Executive agrees to maintain in strict confidence and, except as necessary to perform his duties for the Employer, the Executive agrees not to use or disclose any Trade Secrets of the Employer during or after his employment. “Trade Secret” means information, including a formula, pattern, compilation, program, device, method, technique, process, drawing, cost data or customer list, that: (i) derives economic value, actual or potential, from not being generally known to, and not being readily ascertainable by proper means by, other persons who can obtain economic value from its disclosure or use; and (ii) is the subject of efforts that are reasonable under the circumstances to maintain its secrecy.

  • Rights Protection Mechanisms and Abuse Mitigation ­‐ Registry Operator commits to implementing and performing the following protections for the TLD: i. In order to help registrars and registrants identify inaccurate data in the Whois database, Registry Operator will audit Whois data for accuracy on a statistically significant basis (this commitment will be considered satisfied by virtue of and for so long as ICANN conducts such audits). ii. Work with registrars and registrants to remediate inaccurate Whois data to help ensure a more accurate Whois database. Registry Operator reserves the right to cancel a domain name registration on the basis of inaccurate data, if necessary. iii. Establish and maintain a Domains Protected Marks List (DPML), a trademark protection service that allows rights holders to reserve registration of exact match trademark terms and terms that contain their trademarks across all gTLDs administered by Registry Operator under certain terms and conditions. iv. At no cost to trademark holders, establish and maintain a Claims Plus service, which is a notice protection mechanism that begins at the end of ICANN’s mandated Trademark Claims period. v. Bind registrants to terms of use that define and prohibit illegal or abusive activity. vi. Limit the use of proxy and privacy registration services in cases of malfeasance. vii. Consistent with the terms of this Registry Agreement, reserve the right to exclude from distribution any registrars with a history of non-­‐compliance with the terms of the Registrar Accreditation Agreement. viii. Registry Operator will be properly resourced to perform these protections.

  • Protection of Collateral (a) The Issuer will (i) execute and deliver all such supplements and amendments to this Indenture and instruments of further assurance and other instruments, (ii) file or authorize and cause to be filed all such financing statements and amendments and continuations of such financing statements and (iii) take such other action, in each case necessary or advisable to: (A) maintain or preserve the Lien and security interest (and the priority of such security interest) of this Indenture or carry out more effectively the purposes of this Indenture; (B) perfect, publish notice of or protect the validity of any Grant made or to be made by this Indenture; (C) enforce any of the Collateral; or (D) preserve and defend title to the Collateral and the rights of the Indenture Trustee and the Secured Parties in the Collateral against the claims of all Persons. (b) The Issuer authorizes the Administrator and the Indenture Trustee to file any financing or continuation statements, and amendments to such statements, in all jurisdictions and with all filing offices as are necessary or advisable to preserve, maintain and protect the interest of the Indenture Trustee in the Collateral. Such financing and continuation statements may describe the Collateral in any manner as the Administrator or the Indenture Trustee may reasonably determine to ensure the perfection of the interest of the Indenture Trustee in the Collateral (including describing the Collateral as “all assets” of the Issuer). The Administrator or the Indenture Trustee, as applicable, will deliver to the Issuer file-stamped copies of, or filing receipts for, any such financing statement and continuation statement promptly upon such document becoming available following filing. (c) The Indenture Trustee is under no obligation (i) to make any determination of whether any such financing or continuation statements, and amendments to such statements, are required to be filed pursuant to this Section 3.5 or (ii) to file any such financing or continuation statements, or amendment to such statements, and will not be liable for failure to do so.

  • Protection of Rights Licensee shall not copy, translate, disassemble, decompile, nor reverse engineer the Software or other SAP Materials. Licensee shall not create or attempt to create the source code from the object code of the Software or other SAP Materials. Licensee is permitted to back up data in accordance with good information technology practice and for this purpose to create the necessary backup copies of the Software. Backup copies on transportable discs or other data media must be marked as backup copies and bear the same copyright and authorship notice as the original discs or other data media, unless technically infeasible. Licensee must not change or remove SAP’s copyright and authorship notices.

  • Protection of Title (a) Santander Consumer shall authorize and file such financing statements and cause to be authorized and filed such continuation and other financing statements, all in such manner and in such places as may be required by law fully to preserve, maintain and protect the interest of the Purchaser under this Agreement in the Purchased Assets (to the extent that the interest of the Purchaser therein can be perfected by the filing of a financing statement). Santander Consumer shall deliver (or cause to be delivered) to the Purchaser file-stamped copies of, or filing receipts for, any document filed as provided above, as soon as available following such filing. (b) Santander Consumer shall notify the Purchaser in writing within ten (10) days following the occurrence of (i) any change in Santander Consumer’s organizational structure as a corporation, (ii) any change in Santander Consumer’s “location” (within the meaning of Section 9-307 of the UCC of all applicable jurisdictions) and (iii) any change in Santander Consumer’s name, and (A) shall take all action prior to making such change (or shall have made arrangements to take such action substantially simultaneously with such change, if it is not practicable to take such action in advance) reasonably necessary or advisable in the opinion of the Purchaser to amend all previously filed financing statements or continuation statements described in paragraph (a) above and (B) shall deliver to the Indenture Trustee within 30 days after such change an Opinion of Counsel either (a) stating that, in the opinion of such counsel, all financing statements and continuation statements and amendments thereto have been executed and filed that are necessary to preserve and protect the interest of the Issuer in the Receivables or (b) stating that, in the opinion of such counsel, no such action shall be necessary to preserve and protect such interest. (c) Santander Consumer shall maintain (or shall cause the Servicer to maintain) its computer systems so that, from time to time after the conveyance under this Agreement of the Receivables, the master computer records (including any backup archives) that refer to a Receivable shall indicate clearly the interest of the Purchaser (or any subsequent assignee of the Purchaser) in such Receivable and that such Receivable is owned by such Person. Indication of such Person’s interest in a Receivable shall not be deleted from or modified on such computer systems until, and only until, the related Receivable shall have been paid in full or repurchased. (d) If at any time Santander Consumer shall propose to sell, grant a security interest in or otherwise transfer any interest in motor vehicle receivables to any prospective purchaser, lender or other transferee, Santander Consumer shall give to such prospective purchaser, lender or other transferee computer tapes, records or printouts (including any restored from backup archives) that, if they shall refer in any manner whatsoever to any Receivable, shall indicate clearly that such Receivable has been sold and is owned by the Purchaser (or any subsequent assignee of the Purchaser).

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!