Common use of Standard of Quality Clause in Contracts

Standard of Quality. As a condition to maintaining the rights granted under Section 1.1, above, Licensees shall be required to maintain the standards of quality (in terms of facility utilization and maintenance, product and service offerings, and customer service) established for the Golf Facilities by GBI as owner of the Golden Bear Endorsement, which standards contemplate a golf teaching and practice facility substantially in the form of the current Golf Facilities which conforms with the requirements otherwise described in this Section 2. The parties acknowledge that Licensor reserves the right, with the consent of GBI as owner of the Facility Trademark, to modify and supplement the standards of quality reflected in this Agreement as necessary during its term to reflect modifications to the forms of teaching and practice facilities and services offered to the public by Licensor, its affiliates and licensees under the Facility Trademark. Additional standards of quality which are adopted by GBI to cover Upgrades developed by Licensor during the term of this Agreement shall become effective upon actual utilization by Licensees of any such Upgrades at the Golf Facilities under the ongoing license granted under Section 1.1, above. New standards which are adopted by GBI to cover facilities, equipment or operations currently conducted at the Golf Facilities shall become applicable: (i) upon written notice from Licensor, if the implementation of such standards does not require any additional capital investment by Licensees or significantly increase their operating expenses, or (ii) at such time, if any, as non-conforming facilities and equipment are replaced by Licensees in the normal course of business or conflicting operating standards are abandoned, provided that Licensees may replace non-conforming facilities or equipment or conflicting operating standards with reasonably comparable items or standards if implementation of GBI's new standards would significantly increase the costs of such replacement or Licensees' operating expenses. Without limiting the rights of Licensor under this Agreement or the rights of GBI to protect the goodwill of its trademarks under its master licensing agreements with GB Golf and Licensor, authorized representatives of Licensor and/or GBI shall have the right to inspect any Golf Facilities owned and operated by Licensees a reasonable number of times per year on reasonable notice during reasonable hours to ensure that such Golf Facilities are being maintained and operated in accordance with the quality standards of GBI as reflected in this Agreement.

Standard of Quality. As Licensor agrees that Licensee shall have reasonable discretion in its use of the Licensed Marks in connection with the operation, direction, management and supervision of the Licensee’s Business. Licensee agrees that the quality of the goods and/or services offered under the Licensed Marks in connection with the Licensee’s Business shall be at least consistent with or better than the average quality of goods and/or services offered by Licensor under the Licensed Marks as of the date of this License (the “Quality Standard”). Licensee further agrees to comply with all applicable federal, state and local laws and regulations in its use of the Licensed Marks. Licensor agrees that whenever it uses the Licensed Marks in advertising or in any other manner in connection with the Licensee’s Business, Licensee shall clearly indicate Licensor’s ownership of the Licensed Marks. Licensee shall provide Licensor with samples of or a condition description of any signs, advertising, promotional material, literature, packages and labels which incorporate the Licensed Marks and which have been or will be prepared by or for Licensee and which are intended to maintaining be used by Licensee at least five (5) days prior to their use or publication for Licensor’s prior written approval. Notwithstanding the rights granted under Section 1.1preceding sentence, above, Licensees Licensee shall not be required to maintain obtain the standards of quality (in terms of facility utilization and maintenance, product and service offerings, and customer service) established prior written approval for the Golf Facilities by GBI as owner use of the Golden Bear Endorsement, which standards contemplate Licensed Marks from Licensor if Licensee continues to use such Licensed Marks in a golf teaching and practice facility substantially in the form manner commensurate with Licensor’s historical use of the current Golf Facilities which conforms with the requirements otherwise described in this Section 2Licensed Marks. The parties acknowledge that Licensor reserves the right, with the consent of GBI as owner Licensor’s failure to approve such samples within five (5) days after such samples are submitted by Licensee shall be deemed an approval of the Facility Trademarkuse of the Licensed Marks by Licensee. Once any use of a Licensed Marks is approved, to modify and supplement such use shall be deemed approved for the standards of quality reflected in this Agreement as necessary during its term to reflect modifications to the forms of teaching and practice facilities and services offered to the public by Licensor, its affiliates and licensees under the Facility Trademark. Additional standards of quality which are adopted by GBI to cover Upgrades developed by Licensor during the term Term of this Agreement shall become effective upon actual utilization by Licensees of any such Upgrades at the Golf Facilities under the ongoing license granted under Section 1.1, above. New standards which are adopted by GBI to cover facilities, equipment or operations currently conducted at the Golf Facilities shall become applicable: (i) upon written notice from Licensor, if the implementation of such standards does not require any additional capital investment by Licensees or significantly increase their operating expenses, or (ii) at such time, if any, as non-conforming facilities and equipment are replaced by Licensees in the normal course of business or conflicting operating standards are abandoned, provided that Licensees may replace non-conforming facilities or equipment or conflicting operating standards with reasonably comparable items or standards if implementation of GBI's new standards would significantly increase the costs of such replacement or Licensees' operating expenses. Without limiting the rights of Licensor under this Agreement or the rights of GBI to protect the goodwill of its trademarks under its master licensing agreements with GB Golf and Licensor, authorized representatives of Licensor and/or GBI shall have the right to inspect any Golf Facilities owned and operated by Licensees a reasonable number of times per year on reasonable notice during reasonable hours to ensure that such Golf Facilities are being maintained and operated in accordance with the quality standards of GBI as reflected in this AgreementLicense.

Standard of Quality. As Licensor agrees that Licensee shall have reasonable discretion in its use of the Licensed Marks in connection with the operation, direction, management and supervision of the Licensee's Business. Licensee agrees that the quality of the goods and/or services offered under the Licensed Marks in connection with the Licensee's Business shall be at least consistent with or better than the average quality of goods and/or services offered by Licensor under the Licensed Marks as of the date of this License (the "Quality Standard"). Licensee further agrees to comply with all applicable federal, state and local laws and regulations in its use of the Licensed Marks. Licensor agrees that whenever it uses the Licensed Marks in advertising or in any other manner in connection with the Licensee's Business, Licensee shall clearly indicate Licensor's ownership of the Licensed Marks. Licensee shall provide Licensor with samples of or a condition description of any signs, advertising, promotional material, literature, packages and labels which incorporate the Licensed Marks and which have been or will be prepared by or for Licensee and which are intended to maintaining be used by Licensee at least five (5) days prior to their use or publication for Licensor's prior written approval. Notwithstanding the rights granted under Section 1.1preceding sentence, above, Licensees Licensee shall not be required to maintain obtain the standards of quality (in terms of facility utilization and maintenance, product and service offerings, and customer service) established prior written approval for the Golf Facilities by GBI as owner use of the Golden Bear Endorsement, which standards contemplate Licensed Marks from Licensor if Licensee continues to use such Licensed Marks in a golf teaching and practice facility substantially in the form manner commensurate with Licensor's historical use of the current Golf Facilities which conforms with the requirements otherwise described in this Section 2Licensed Marks. The parties acknowledge that Licensor reserves the right, with the consent of GBI as owner Licensor's failure to approve such samples within five (5) days after such samples are submitted by Licensee shall be deemed an approval of the Facility Trademarkuse of the Licensed Marks by Licensee. Once any use of a Licensed Marks is approved, to modify and supplement such use shall be deemed approved for the standards of quality reflected in this Agreement as necessary during its term to reflect modifications to the forms of teaching and practice facilities and services offered to the public by Licensor, its affiliates and licensees under the Facility Trademark. Additional standards of quality which are adopted by GBI to cover Upgrades developed by Licensor during the term Term of this Agreement shall become effective upon actual utilization by Licensees of any such Upgrades at the Golf Facilities under the ongoing license granted under Section 1.1, above. New standards which are adopted by GBI to cover facilities, equipment or operations currently conducted at the Golf Facilities shall become applicable: (i) upon written notice from Licensor, if the implementation of such standards does not require any additional capital investment by Licensees or significantly increase their operating expenses, or (ii) at such time, if any, as non-conforming facilities and equipment are replaced by Licensees in the normal course of business or conflicting operating standards are abandoned, provided that Licensees may replace non-conforming facilities or equipment or conflicting operating standards with reasonably comparable items or standards if implementation of GBI's new standards would significantly increase the costs of such replacement or Licensees' operating expenses. Without limiting the rights of Licensor under this Agreement or the rights of GBI to protect the goodwill of its trademarks under its master licensing agreements with GB Golf and Licensor, authorized representatives of Licensor and/or GBI shall have the right to inspect any Golf Facilities owned and operated by Licensees a reasonable number of times per year on reasonable notice during reasonable hours to ensure that such Golf Facilities are being maintained and operated in accordance with the quality standards of GBI as reflected in this AgreementLicense.

Standard of Quality. As a condition to maintaining the rights granted under Section 1.1, above, Licensees shall be required to maintain the standards of quality (in terms of facility utilization and maintenance, product and service offerings, and customer service) established for the Golf Facilities by GBI as owner of the Golden Bear Endorsement, which standards contemplate a golf teaching and practice facility substantially in the form of the current Golf Facilities which conforms with the requirements otherwise described in this Section 2. The parties acknowledge that Licensor reserves the right, with the consent of GBI as owner of the Facility Trademark, to modify and supplement the standards of quality reflected in this Agreement as necessary during its term to reflect modifications to the forms of teaching and practice facilities and services offered to the public by Licensor, its affiliates and licensees under the Facility Trademark. Additional standards of quality which are adopted by GBI to cover Upgrades developed by Licensor during the term of this Agreement shall become effective upon actual utilization by Licensees of any such Upgrades at the Golf Facilities under the ongoing license granted under Section 1.1, above. New standards which are adopted by GBI to cover facilities, equipment or operations currently conducted at the Golf Facilities shall become applicable: (i) upon written notice from Licensor, if the implementation of such standards does not require any additional capital investment by Licensees or significantly increase their operating expenses, or (ii) at such time, if any, as non-conforming facilities and equipment are replaced by Licensees in the normal course of business or conflicting operating standards are abandoned, provided that Licensees may replace non-conforming facilities or equipment or conflicting operating standards with reasonably comparable items or standards if implementation of GBI's new standards would significantly increase the costs of such replacement or Licensees' operating expenses. Without limiting the rights of Licensor under this Agreement or the rights of GBI to protect the goodwill of its trademarks under its master licensing agreements with GB Golf and Licensor, authorized representatives of Licensor and/or GBI shall have the right to inspect any Golf Facilities owned and operated by Licensees a reasonable number of times per year on reasonable notice during reasonable hours to ensure that such Golf Facilities are being maintained and operated in accordance with the quality standards of GBI as reflected in this Agreement.