Protection of Trademark. Nothing in this Agreement is intended ----------------------- to nor shall it limit or impair Xxxxx' rights, during or after the Term, to protect the Trademark from infringement by any person or party, including without limitation, Circor. During and after the Term Xxxxx may, but shall not be obligated to, take such action as it deems necessary or appropriate to prevent or stop such infringement. Circor shall promptly notify Xxxxx in writing of any infringement or suspected infringement involving the Trademark.
Protection of Trademark. The Contractor shall take all commercially reasonable steps to assist the Board in protecting the name, slogan and logo for, and any other trademarks or service marks associated with, the Program from infringement by third parties. Agreement No. CSCRSIB07-17
Protection of Trademark. 5.1. If ZeroNox wants Tuatara to obtain Registration of its Trademark in any jurisdiction, and there is an actual sale or reasonable expectation of future sales in that jurisdiction, then it may request that Tuatara file an application for such Registration. Such request shall be in writing. If so requested, Txxxxxx will first have the right to pay the costs associated with such an application, and to own such Registration. However, should Tuatara decline to pay the costs associated with such an application, then ZeroNox will have the right to pay the costs associated with such application, in which event ZeroNox will then have the right to own the Registration in that jurisdiction.
5.2. ZeroNox must use its best endeavours to preserve the value and validity of the Trademark. In particular, ZeroNox must:
5.2.1. Endeavour to create, promote and retain the goodwill in its business relating to the Tuatara Vehicles;
5.2.2. Use the Trademark in the manner described in any style guide provided by Txxxxxx;
5.2.3. Give prominence to the Trademark in all advertising, displays and literature undertaken, published by or on behalf of ZeroNox in relation to the Tuatara Vehicles; and
5.2.4. Not use the Trademark unless the Trademark is distinguished from the descriptive surrounding and adjacent text.
5.3. ZeroNox must not:
5.3.1. Describe itself or hold itself out as the agent of Tuatara with respect to the Trademark. Tuatara cannot be or become liable in respect of any transactions entered into by ZeroNox with any Third Party, except for manufacturing, design or merchantability issues which exist prior to the delivery of Tuatara Vehicles to ZeroNox; and
5.3.2. Grant any right, licence or authority to any Third Party whether at common law or otherwise to use the Trademark.
5.4. ZeroNox acknowledges Txxxxxx’s title to the Trademark and the validity of Tuatara as owner of the US Registration.
5.5. ZeroNox undertakes not to take any action which would or might:
5.5.1. Invalidate or put in dispute Txxxxxx’s title to the Trademark;
5.5.2. Oppose any application for registration of the Trademark or invalidate any Registration;
5.5.3. Support an application to remove the Trademark as a registered trademark;
5.5.4. Cause any Registrar of Trademarks to require a disclaimer of a monopoly in the Trademark, or part thereof; or
5.5.5. Assist any other person directly or indirectly in any of the acts described in 5.5.1 to 5.5.4 (inclusive).
5.6. ZeroNox will not use any other tradema...
Protection of Trademark. Licensee and Licensor both agree to assist the other to the extent necessary in the procurement of any protection or to protect any of Licensor's rights to the Trademark, and either party may commence or prosecute any claims or suits in its own name or join the other as a party thereto. Licensee shall notify Licensor in writing of any action that Licensee takes on account of any infringements or imitations by others in the Trademark.
Protection of Trademark. Lessee shall challenge all unauthorized ----------------------- uses or infringements of the Trademark, and Lessee shall prosecute any person or firm who unlawfully uses or attempts to use the Trademark in connection with the operation of hotel properties, or other facilities which may be competitive with the Leased Property or any portion thereof, or would otherwise materially affect the value or results of operations of the Leased Property or the prospects or goodwill of the Lessor. Lessee shall also seek to cancel registrations or applications for registration of trademarks that infringe or reasonably appear to infringe on the trademark. The costs and expenses (including reasonable attorneys fees) incurred by Lessee in connection with any such actions shall be reimbursed to it in full by Lessor provided that the Trademark is then being used by Lessee only in connection with the Leased Property.
Protection of Trademark. Avigen and Bayer agree to take the actions, specified below in this Section 6.6, in the name of Avigen or Bayer or both of them to protect the Trademark against any Third Party who either infringes the Trademark or brings any claims or proceedings against Avigen or against Bayer or any of their Affiliates or Sublicensees for [ * ] = CERTAIN CONFIDENTIAL INFORMATION CONTAINED IN THIS DOCUMENT, MARKED BY BRACKETS, HAS BEEN OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO RULE 24B-2 OF THE SECURITIES EXCHANGE ACT OF 1934, AS AMENDED.
Protection of Trademark. 45 EXHIBIT A - Description of Leased Property EXHIBIT B - Form of Supplement adding hotel property to Leased Properties EXHIBIT C - Form of Supplement releasing one or more Individual Leased Properties from the Lease MASTER LEASE AGREEMENT THIS MASTER LEASE AGREEMENT (hereinafter called "Lease"), made as of the 7th day of May, 1999, by and between Jamexxx Xxxs, Inc., a Georgia corporation; Signature Properties, LLC, a Kentucky limited liability company; Signature Properties of Illinois, L.P., an Illinois limited partnership; SIE Corporation, an Indiana corporation; and SI Springfield corporation, an Illinois corporation (hereinafter collectively called "Lessor"), and Jamexxx Xxxpitality, LLC, a Georgia limited liability company (hereinafter called "Lessee"), provides as follows:
Protection of Trademark. If Licensor becomes aware of any infringement, imitation or other act (including act of unfair competition) by any Person inconsistent with the Licensor's ownership of, and Licensee's Exploitation of, the Licensed Xxxx (collectively, an "INFRINGEMENT"), Licensor shall, at its sole cost and expense, use its best efforts to stop such Infringement as promptly as practicable. Licensee shall cooperate with Licensor in such action and, if requested by Licensor, shall join with Licensor as a party to any legal action therefor brought by Licensor. If Licensor cannot obtain the prompt voluntary cooperation of such infringing party by written demand, Licensor shall promptly bring legal proceeding to obtain injunctive or similar relief to prevent such infringement. The prosecution of such Infringement shall be undertaken by and under the control of Licensor. If such Infringement adversely affects sales of Licensed Merchandise by Licensee, Licensor and Licensee shall in good faith negotiate a reduction of the Minimum Net Sales and Minimum Royalty.
Protection of Trademark. Midland shall provide reasonable cooperation with Midland USA to protect the Trademark and shall refrain from any and all acts of commission or omission that may in any way endanger Midland USA's property rights or affect the validity of or impair Midland USA's rights with respect to the Trademark. In furtherance of such purposes, Midland shall:
(a) Use the Trademark only in the manner reasonably approved by Midland USA and follow Midland USA's reasonable instructions in connection therewith;
(b) Exercise such rights, if any, as Midland may have, including any rights of inspection, under the agreements between Midland and the Grandfathered Licensees to regulate and approve all uses of the Trademark by such Grandfathered Licensees on the Licensed Products or in any promotional materials. Midland's exercise of such rights of approval shall be subject to Midland USA's rights under this Agreement (including this Section 3, Section 5 and Section 7) to regulate and approve Midland's use of the Trademark and shall otherwise be governed by the standards of usage of the Trademark set forth in this Agreement.
(c) Affix appropriate notations, when legally required, as to the ownership and registration of the Trademark on Licensed Products and/or the promotional and advertising materials;
(d) With the exception of trademarks or trade names listed on EXHIBIT B which are currently owned or used by Midland and which use is hereby approved, refrain from using any name, mark, xxvice, symbol, insignia, designation, labeling or packaging linked with the Trademark or to form a composite mark xxxh the Trademark without the prior written approval of Midland USA, which approval shall not be unreasonably withheld. In the event Midland adopts a mark xxxch is approved by Midland USA and is used in a manner that is linked with the Trademark (but does not form a composite mark), Xidland may, with Midland USA's prior written consent, which consent shall not be unreasonably withheld, apply to register any such linked trademark (exclusive of the Trademark), in Midland's name and use such linked trademark subject to the terms and conditions of this Agreement; and, further, provided that Midland pays the full costs for any applications, registrations and maintenance in connection therewith. In the event Midland adopts a mark xxxch is approved by Midland USA and is used in a manner that forms a composite mark xxxh the Trademark, all rights, title and interest in such composite mark xxxll b...
Protection of Trademark. 45 EXHIBIT A - Description of Leased Property EXHIBIT B - Form of Supplement adding hotel property to Leased Properties EXHIBIT C - Form of Supplement releasing one or more Individual Leased Properties from the Lease MASTER LEASE AGREEMENT THIS MASTER LEASE AGREEMENT (hereinafter called "Lease"), made as of the __ day of April, 1999, by and between Xxxxxxx Inns, Inc., a Georgia corporation, Sub One; and Sub Two, each an Indiana corporation (hereinafter collectively called "Lessor"), and Xxxxxxx Hospitality, LLC, a Delaware limited liability company (hereinafter called "Lessee"), provides as follows:
