REMEDIES FOR NON-COMPLIANCE WITH QUALITY STANDARDS. 6.1 Non-compliance with Quality Standards and Cure. (a) If Licensor becomes aware that Licensee or its Authorized Dealers, Resellers, Value Added Resellers or Sublicensees, are not complying with any Quality Standards in any material respect, Licensor shall notify Licensee in writing of such non-compliance, setting forth, in reasonable detail, a description of the non-compliance and, to the extent such information is available, any suggestions for curing such non-compliance. Licensee shall cure such non-compliance as soon as is practicable but in any event within sixty (60) days thereafter. In the event that the non-compliance with the Quality Standards is being caused by an Authorized Dealer, Reseller, Value Added Reseller or Sublicensee, Licensee's termination of such Authorized Dealer, Reseller, Value Added Reseller or Sublicensee shall be deemed to cure such non-compliance. (b) If such non-compliance with the Quality Standards continues beyond the applicable cure periods described above, Licensee shall: (i) and shall cause its Authorized Dealers, Resellers, Value Added Resellers and Sublicensees to, immediately cease any Licensed Services and Promotional Products using the Licensed Marks and/or the Licensed Copyright in the DMA in which it is in non-compliance until it is in compliance with the Quality Standards, subject to the provisions below; and (ii) be deemed to be in breach of this Agreement. (c) The waiver by Licensor of a single event of non-compliance or a succession of events shall not deprive Licensor of any rights under this Agreement arising by reason of any subsequent event of non-compliance.
Appears in 2 contracts
Samples: Brand License Agreement (Aol Time Warner Inc), Brand License Agreement (Aol Time Warner Inc)
REMEDIES FOR NON-COMPLIANCE WITH QUALITY STANDARDS. 6.1 Non-compliance with Quality Standards and Cure.
(a) a. If Licensor becomes aware that Licensee or its Authorized Dealers, Resellers, Value Added Resellers or Sublicensees, are not complying with any Quality Standards in any material respect, Licensor shall notify Licensee in writing of such non-compliance, setting forth, in reasonable detail, a description of the non-compliance and, to the extent such information is available, any suggestions for curing such non-compliance. Licensee shall cure such non-compliance as soon as is practicable but in any event within sixty (60) days thereafter. In the event that the non-compliance with the Quality Standards is being caused by an Authorized Dealer, Reseller, Value Added Reseller or Sublicensee, Licensee's termination of such Authorized Dealer, Reseller, Value Added Reseller or Sublicensee shall be deemed to cure such non-compliance.
(b) b. If such non-compliance with the Quality Standards continues beyond the applicable cure periods described above, Licensee shall: (i) and shall cause its Authorized Dealers, Resellers, Value Added Resellers and Sublicensees to, immediately cease any Licensed Services and Promotional Products using the Licensed Marks and/or the Licensed Copyright in the DMA in which it is in non-compliance until it is in compliance with the Quality Standards, subject to the provisions below; and (ii) be deemed to be in breach of this Agreement.
(c) c. The waiver by Licensor of a single event of non-compliance or a succession of events shall not deprive Licensor of any rights under this Agreement arising by reason of any subsequent event of non-compliance.
Appears in 1 contract
Samples: Brand and Trade Name License Agreement (Aol Time Warner Inc)
REMEDIES FOR NON-COMPLIANCE WITH QUALITY STANDARDS. 6.1 Non-compliance with Quality Standards and Cure.
(a) a. If Licensor becomes aware that Licensee or its Authorized Dealers, Resellers, Value Added Resellers or Sublicensees, are not complying with any Quality Standards in any material respect, Licensor shall notify Licensee in writing of such non-compliance, setting forth, in reasonable detail, a description of the non-non- compliance and, to the extent such information is available, any suggestions for curing such non-compliance. Licensee shall cure such non-compliance as soon as is practicable but in any event within sixty (60) days thereafter. In the event that the non-compliance with the Quality Standards is being caused by an Authorized Dealer, Reseller, Value Added Reseller or Sublicensee, Licensee's termination of such Authorized Dealer, Reseller, Value Added Reseller or Sublicensee shall be deemed to cure such non-compliance.
(b) b. If such non-compliance with the Quality Standards continues beyond the applicable cure periods described above, Licensee shall: (i) and shall cause its Authorized Dealers, Resellers, Value Added Resellers and Sublicensees to, immediately cease any Licensed Services and Promotional Products using the Licensed Marks and/or the Licensed Copyright in the DMA in which it is in non-compliance until it is in compliance with the Quality Standards, subject to the provisions below; and (ii) be deemed to be in breach of this Agreement.
(c) c. The waiver by Licensor of a single event of non-compliance or a succession of events shall not deprive Licensor of any rights under this Agreement arising by reason of any subsequent event of non-compliance.
Appears in 1 contract
Samples: Brand and Trade Name License Agreement (Aol Time Warner Inc)