TERMS AND CONDITIONS GOVERNING TRADEMARK LICENSE. (a) Chautauqua hereby acknowledges US Airways' ownership of the US Airways Servicemarks, further acknowledges the validity of the US Airways Servicemarks, and agrees that it will not do anything in any way to infringe or abridge US Airways' rights in its Servicemarks or directly or indirectly to challenge the validity of the US Airways Servicemarks. (b) Chautauqua agrees that, in providing the Services contemplated under this Agreement or the Service Agreement dated February 9, 1994, as amended, it will not advertise or make use of the US Airways Servicemarks without the prior written approval of US Airways. US Airways will have absolute discretion to withhold its consent concerning any and all such advertising and use of the US Airways Servicemarks in advertising by Chautauqua. In the event US Airways approves the use of such US Airways Servicemarks in any advertising, such advertising will identify US Airways as the owner of such servicemarks, and conform with any additional requirements specified by US Airways. (c) To the extent that Chautauqua is licensed to use the US Airways Servicemarks or the Service Agreement dated as of February 9, 1994, as amended, they will only be used in conjunction with the Chautauqua Services specifically covered by this Agreement and not in connection with any other businesses or activities of Chautauqua or any other entity. (d) Nothing in this Agreement will be construed to give Chautauqua the exclusive right to use the US Airways Servicemarks, or to abridge US Airways' right to use and/or license its Servicemarks, and US Airways hereby reserves the right to continue use of the US Airways Servicemarks and to license such other uses of said Servicemarks as US Airways may desire. (e) No term or provision of this Agreement will be construed to give Chautauqua the exclusive right to use the US Airways Servicemarks. US Airways hereby reserves the right to continue use of the US Airways Servicemarks and to license such other uses of said Servicemarks as US Airways may desire. (f) No term or provision of this Agreement will be construed to preclude the use of the Servicemarks "US Airways Express" or the aircraft exterior color decor and patterns by other individuals or entities not covered by this Agreement. (g) Upon the cancellation or termination of this Agreement, the license and use of the US Airways Servicemarks by Chautauqua will cease, and such use will not thereafter occur except as appropriate in any phase-out of service of this Agreement.
Appears in 2 contracts
Samples: Service Agreement (Republic Airways Holdings Inc), Service Agreement (Republic Airways Holdings Inc)
TERMS AND CONDITIONS GOVERNING TRADEMARK LICENSE. (a) Chautauqua 8.3.1 CAI hereby acknowledges US Airways' AWA's ownership of the US Airways ServicemarksAWA Service Marks, further acknowledges the validity of the US Airways ServicemarksAWA Service Marks, and agrees that it will shall not do anything in any way to infringe or abridge US Airways' upon AWA's rights in its Servicemarks the AWA Service Marks or directly or indirectly to challenge the validity of the US Airways ServicemarksAWA Service Marks.
(b) Chautauqua 8.3.2 To assure that the production appearance and quality of the AWA Service Marks is consistent with AWA's reputation for high quality and the goodwill associated with the AWA Service Marks, CAI agrees to maintain a level of quality consistent with AWA's quality in the --------- * Confidential Flight Services it provides pursuant to this Agreement and to follow AWA's written instructions regarding use of AWA's Service Marks, as they may be amended from time to time.
8.3.3 CAI agrees that, in providing the Services contemplated under this Agreement or the Service Agreement dated February 9, 1994, as amendedFlight Services, it will shall not advertise or make use of the US Airways Servicemarks AWA Service Marks without the prior written approval consent of US AirwaysAWA. US Airways will AWA shall have absolute discretion to withhold its consent concerning any and all such advertising and use of the US Airways Servicemarks AWA Service Marks in any advertising by ChautauquaCAI. In the event US Airways AWA approves the use of such US Airways Servicemarks AWA Service Marks in any advertising, such advertising will shall identify US Airways AWA as the owner of such servicemarks, Service Marks and conform with any additional requirements specified by US AirwaysAWA.
(c) 8.3.4 To the extent that Chautauqua CAI is licensed to use the US Airways Servicemarks or AWA Service Marks, the AWA Service Agreement dated as of February 9, 1994, as amended, they will only Marks shall be used only in conjunction connection with the Chautauqua Flight Services specifically covered by this Agreement and not in connection with any other businesses business or activities activity of Chautauqua CAI or any other entity, except for approved charters.
(d) 8.3.5 Nothing in this Agreement will shall be construed to give Chautauqua CAI the exclusive right to use the US Airways Servicemarks, AWA Service Marks or to abridge US Airways' AWA's right to use and/or and license its Servicemarksthe AWA Service Marks, and US Airways AWA hereby reserves the right to continue to use of the US Airways Servicemarks AWA Service Marks and to license such other uses of said Servicemarks the AWA Service Marks as US Airways AWA may desire.
(e) 8.3.6 No term or provision of this Agreement will be construed to give Chautauqua the exclusive right to use the US Airways Servicemarks. US Airways hereby reserves the right to continue use of the US Airways Servicemarks and to license such other uses of said Servicemarks as US Airways may desire.
(f) No term or provision of this Agreement will shall be construed to preclude the use of the Servicemarks AWA Service Marks, including "US Airways America West Express," or the aircraft exterior color decor and patterns by other individuals or entities not covered by this Agreement.
(g) 8.3.7 Upon the cancellation termination or termination expiration of this Agreement, the license and use of the US Airways Servicemarks AWA Service Marks by Chautauqua will cease, CAI shall cease and such use will shall not thereafter occur except as appropriate in any phase-out of service of this Agreementoccur.
Appears in 1 contract
Samples: Code Share and Revenue Sharing Agreement (Republic Airways Holdings Inc)
TERMS AND CONDITIONS GOVERNING TRADEMARK LICENSE. (a) Chautauqua 8.3.1 CAI hereby acknowledges US Airways' AWA's ownership of the US Airways ServicemarksAWA Service Marks, further acknowledges the validity of the US Airways ServicemarksAWA Service Marks, and agrees that it will shall not do anything in any way to infringe or abridge US Airways' upon AWA's rights in its Servicemarks the AWA Service Marks or directly or indirectly to challenge the validity of the US Airways ServicemarksAWA Service Marks.
(b) Chautauqua 8.3.2 To assure that the production appearance and quality of the AWA Service Marks is consistent with AWA's reputation for high quality and the goodwill associated with the AWA Service Marks, CAI agrees to maintain a level of quality consistent with AWA's quality in the Flight Services it provides pursuant to this Agreement and to follow AWA's written instructions regarding use of AWA's Service Marks, as they may be amended from time to time.
8.3.3 CAI agrees that, in providing the Services contemplated under this Agreement or the Service Agreement dated February 9, 1994, as amendedFlight Services, it will shall not advertise or make use of the US Airways Servicemarks AWA Service Marks without the prior written approval consent of US AirwaysAWA. US Airways will AWA shall have absolute discretion to withhold its consent concerning any and all such advertising and use of the US Airways Servicemarks AWA Service Marks in any advertising by ChautauquaCAI. In the event US Airways AWA approves the use of such US Airways Servicemarks AWA Service Marks in any advertising, such advertising will shall identify US Airways AWA as the owner of such servicemarks, Service Marks and conform with any additional requirements specified by US AirwaysAWA.
(c) 8.3.4 To the extent that Chautauqua CAI is licensed to use the US Airways Servicemarks or AWA Service Marks, the AWA Service Agreement dated as of February 9, 1994, as amended, they will only Marks shall be used only in conjunction connection with the Chautauqua Flight Services specifically covered by this Agreement and not in connection with any other businesses business or activities activity of Chautauqua CAI or any other entity, except for approved charters.
(d) 8.3.5 Nothing in this Agreement will shall be construed to give Chautauqua CAI the exclusive right to use the US Airways Servicemarks, AWA Service Marks or to abridge US Airways' AWA's right to use and/or and license its Servicemarksthe AWA Service Marks, and US Airways AWA hereby reserves the right to continue to use of the US Airways Servicemarks AWA Service Marks and to license such other uses of said Servicemarks the AWA Service Marks as US Airways AWA may desire.
(e) 8.3.6 No term or provision of this Agreement will be construed to give Chautauqua the exclusive right to use the US Airways Servicemarks. US Airways hereby reserves the right to continue use of the US Airways Servicemarks and to license such other uses of said Servicemarks as US Airways may desire.
(f) No term or provision of this Agreement will shall be construed to preclude the use of the Servicemarks AWA Service Marks, including "US Airways America West Express," or the aircraft exterior color decor and patterns by other individuals or entities not covered by this Agreement.
(g) 8.3.7 Upon the cancellation termination or termination expiration of this Agreement, the license and use of the US Airways Servicemarks AWA Service Marks by Chautauqua will cease, CAI shall cease and such use will shall not thereafter occur except as appropriate in any phase-out of service of this Agreementoccur.
Appears in 1 contract
Samples: Code Share and Revenue Sharing Agreement (Republic Airways Holdings Inc)
TERMS AND CONDITIONS GOVERNING TRADEMARK LICENSE. (a) Chautauqua Republic hereby acknowledges US Airways' ownership of the US Airways Servicemarks, further acknowledges the validity of the US Airways Servicemarks, and agrees that it will not do anything in any way to infringe or abridge US Airways' rights in its Servicemarks or directly or indirectly to challenge the validity of the US Airways Servicemarks.
(b) Chautauqua Republic agrees that, in providing the Services contemplated under this Agreement or the Service Agreement dated February 9, 1994, as amended, it will not advertise or make use of the US Airways Servicemarks without the prior written approval of US Airways. US Airways will have absolute discretion to withhold its consent concerning any and all such advertising and use of the US Airways Servicemarks in advertising by ChautauquaRepublic. In the event US Airways approves the use of such US Airways Servicemarks in any advertising, such advertising will identify US Airways as the owner of such servicemarks, and conform with any additional requirements specified by US Airways.
(c) To the extent that Chautauqua Republic is licensed to use the US Airways Servicemarks or the Service Agreement dated as of February 9, 1994, as amendedServicemarks, they will only be used in conjunction with the Chautauqua Republic Services specifically covered by this Agreement and not in connection with any other businesses or activities of Chautauqua Republic or any other entity.
(d) Nothing in this Agreement will be construed to give Chautauqua Republic the exclusive right to use the US Airways Servicemarks, or to abridge US Airways' right to use and/or license its Servicemarks, and US Airways hereby reserves the right to continue use of the US Airways Servicemarks and to license such other uses of said Servicemarks as US Airways may desire.
(e) No term or provision of this Agreement will be construed to give Chautauqua Republic the exclusive right to use the US Airways Servicemarks. US Airways hereby reserves the right to continue use of the US Airways Servicemarks and to license such other uses of said Servicemarks as US Airways may desire.
(f) No term or provision of this Agreement will be construed to preclude the use of the Servicemarks "US Airways Express" or the aircraft exterior color decor and patterns by other individuals or entities not covered by this Agreement.
(g) Upon the cancellation or termination of this Agreement, the license and use of the US Airways Servicemarks by Chautauqua Republic will cease, and such use will not thereafter occur except as appropriate in any phase-out of service of this Agreement.
Appears in 1 contract
TERMS AND CONDITIONS GOVERNING TRADEMARK LICENSE. (a) Chautauqua 8.3.1 Mesa hereby acknowledges US Airways' AWA's ownership of the US Airways ServicemarksAWA Service Marks, further acknowledges the validity of the US Airways ServicemarksAWA Service Marks, and agrees that it will shall not do anything in any way to infringe or abridge US Airways' upon AWA's rights in its Servicemarks the AWA Service Marks or directly or indirectly to challenge the validity of the US Airways ServicemarksAWA Service Marks.
(b) Chautauqua 8.3.2 To assure that the production appearance and quality of the AWA Service Marks is consistent with AWA's reputation for high quality and the goodwill associated with the AWA Service Marks, Mesa agrees to maintain a level of quality consistent with AWA's quality in the Flight Services and Other Services it provides pursuant to this Agreement and to follow AWA's written instructions regarding use of AWA's Service Marks, as they may be amended from time to time.
8.3.3 Mesa agrees that, in providing the Flight Services contemplated under this Agreement or the Service Agreement dated February 9, 1994, as amendedand Other Services, it will shall not advertise or make use of the US Airways Servicemarks AWA Service Marks without the prior written approval consent of US AirwaysAWA. US Airways will AWA shall have absolute discretion to withhold its consent concerning any and all such advertising and use of the US Airways Servicemarks AWA Service Marks in any advertising by ChautauquaMesa. In the event US Airways AWA approves the use of such US Airways Servicemarks AWA Service Marks in any advertising, such advertising will shall identify US Airways AWA as the owner of such servicemarks, Service Marks and conform with any additional requirements specified by US AirwaysAWA.
(c) 8.3.4 To the extent that Chautauqua Mesa is licensed to use the US Airways Servicemarks or AWA Service Marks, the AWA Service Agreement dated as of February 9, 1994, as amended, they will only Marks shall be used only in conjunction connection with the Chautauqua Flight Services and Other Services specifically covered by this Agreement and not in connection with any other businesses business or activities activity of Chautauqua Mesa or any other entity.
(d) 8.3.5 Nothing in this Agreement will shall be construed to give Chautauqua Mesa the exclusive right to use the US Airways Servicemarks, AWA Service Marks or to abridge US Airways' AWA's right to use and/or and license its Servicemarksthe AWA Service Marks, and US Airways AWA hereby reserves the right to continue to use of the US Airways Servicemarks AWA Service Marks and to license such other uses of said Servicemarks the AWA Service Marks as US Airways AWA may desire.
(e) 8.3.6 No term or provision of this Agreement will be construed to give Chautauqua the exclusive right to use the US Airways Servicemarks. US Airways hereby reserves the right to continue use of the US Airways Servicemarks and to license such other uses of said Servicemarks as US Airways may desire.
(f) No term or provision of this Agreement will shall be construed to preclude the use of the Servicemarks AWA Service Marks, including "US Airways America West Express," or the aircraft exterior color decor and patterns by other individuals or entities not covered by this Agreement.
(g) 8.3.7 Upon the cancellation termination or termination expiration of this Agreement, the license and use of the US Airways Servicemarks AWA Service Marks by Chautauqua will cease, Mesa shall cease and such use will shall not thereafter occur except as appropriate in any phase-out of service of this Agreementoccur.
Appears in 1 contract
Samples: Code Share and Revenue Sharing Agreement (Mesa Air Group Inc)