TERMS AND CONDITIONS GOVERNING TRADEMARK LICENSE. (a) Contractor hereby acknowledges USAir's ownership of the USAir Trademarks, further acknowledges the validity of the USAir Trademarks, and agrees that it will not do anything in any way to infringe or abridge USAir's rights in its trademarks or directly or indirectly to challenge the validity of the USAir Trademarks. (b) Contractor agrees that, in providing the services to be provided under this Agreement in conjunction with one or more of the USAir Trademarks, it will conform to such standards of service (including types of aircraft, qualification of personnel, customer 11.1 service standards, and other reasonable quality control measures) as may be prescribed by USAir either specifically in this Agreement or by subsequent written communications to Contractor. USAir shall have the right, through such agents or representatives as it may designate, to inspect the services and standards being performed by Contractor under this Agreement, and in the event that, in USAir's opinion, there has been some deviation from such services and/or standards, Contractor agrees upon written notice from USAir to rectify promptly any such deviation. (c) Contractor shall not, without USAir's express prior written consent, advertise the services to be rendered hereunder, nor make use of the USAir Trademarks referred to in Section 11.01 above in any advertising. USAir shall have absolute discretion to withhold its consent concerning any and all such advertising and use of the USAir Trademarks in advertising by Contractor. In the event USAir approves the use of such USAir Trademarks in any advertising, such advertising shall identify USAir as the owner of such trademark(s), and to the extent that any xxxx is registered, shall so specify. (d) To the extent that Contractor is licensed to use the xxxx "USAir," Contractor will use said xxxx only in the xxxx "USAir Express" and then only in conjunction with the services specifically embraced by this Agreement. (e) Nothing in this Agreement shall be construed to give Contractor the exclusive right to use the USAir trademarks, or to bridge USAir's right to use and/or to license its trademarks, and USAir hereby reserves the right to continue use of the USAir
Appears in 2 contracts
Samples: Service Agreement (Republic Airways Holdings Inc), Service Agreement (Republic Airways Holdings Inc)
TERMS AND CONDITIONS GOVERNING TRADEMARK LICENSE. (a) Contractor hereby acknowledges USAir's US Airways' ownership of the USAir TrademarksUS Airways service marks, further acknowledges the validity of the USAir TrademarksUS Airways service marks, and agrees that it will not do anything in any way to infringe or abridge USAir's US Airways' rights in its service marks and trademarks or directly or indirectly to challenge the validity of the USAir TrademarksUS Airways service marks.
(b) Contractor agrees that, in providing the services to be provided under this Agreement in conjunction with one or more of the USAir TrademarksUS Airways service marks, it will conform to such standards of service (including types of aircraft, qualification of personnel, customer
11.1 customer service standards, and other reasonable quality control measures) as may be prescribed by USAir US Airways either specifically in this Agreement or by subsequent written communications to Contractor. USAir US Airways shall have the right, through such agents or representatives as it may designate, to inspect the services and standards being performed by Contractor under this Agreement, Agreement and in the event that, in USAir's US Airways' opinion, there has been some deviation from such services and/or standards, Contractor agrees upon written notice from USAir US Airways to rectify promptly any such deviation.
(c) Contractor shall not, without USAir's US Airways' express prior written consent, advertise the services to be rendered hereunder, nor make use of the USAir US Airways Trademarks referred to in Section 11.01 above in any advertising. USAir US Airways shall have absolute discretion to withhold its consent concerning any and all such advertising and use of the USAir US Airways Trademarks in advertising by Contractor. In the event USAir US Airways approves the use of such USAir US Airways Trademarks in any advertising, such advertising shall identify USAir US Airways as the owner of such trademark(s), and to the extent that any xxxx mark is registered, shall so specify.. EXHIBIT 10.3(G) [***] INDICATES CONFIDENTIAL INFORMATION
(d) To the extent that Contractor is licensed to use the xxxx mark "USAirUS Airways," Contractor will use said xxxx mark only in the xxxx mark "USAir XX Airways Express" and then only in conjunction conjunxxxxn with the services sexxxxes specifically embraced by this Agreement.
(e) Nothing in this Agreement shall be construed to give Contractor the exclusive right to use the USAir trademarksUS Airways Trademarks, or to bridge USAir's US Airways' right to use and/or to license its trademarks, and USAir US Airways hereby reserves the right to continue use of the USAirUS Airways Trademarks and to license such other uses of said trademarks as US Airways may desire.
(f) No term or provision of this Agreement shall be construed to preclude the use of the trademarks "US Airways Express" or the aircraft exterior color decor and patterns by other individuals or corporations not covered by this Agreement.
(g) Should this Agreement be cancelled or otherwise terminated for any reason as set forth in Article 9 hereof, the license permitting Contractor to use the US Airways Trademarks shall terminate and such marks shall not thereafter be used by Contractor in connection with any operations of Contractor.
Appears in 1 contract
Samples: Service Agreement (Ccair Inc)
TERMS AND CONDITIONS GOVERNING TRADEMARK LICENSE. (a) Contractor hereby acknowledges USAir's US Airways' ownership of the USAir TrademarksUS Airways service marks, further acknowledges the validity of the USAir TrademarksUS Airways service marks, and agrees that it will not do anything in any way to infringe or abridge USAir's US Airways' rights in its service marks and trademarks or directly or indirectly to challenge the validity of the USAir TrademarksUS Airways service marks.
(b) Contractor agrees that, in providing the services to be provided under this Agreement in conjunction with one or more of the USAir TrademarksUS Airways service marks, it will conform to such standards of service (including types of aircraft, qualification of personnel, customer
11.1 customer service standards, and other reasonable quality control measures) as may be prescribed by USAir US Airways either specifically in this Agreement or by subsequent written communications to Contractor. USAir Contractor shall maintain the appearance of the exterior and interior of the aircraft by employing such cleaning and refurbishment programs that will ensure a clean and tidy appearance. Contractor is required to provide US Airways with an aircraft cleaning and appearance plan and compliance update every six months. US Airways shall have the right, through such agents or representatives as it may designate, to inspect the services and standards being performed by Contractor under this Agreement, Agreement and in the event that, in USAir's US Airways' opinion, there has been some deviation from such services and/or standards, Contractor agrees upon written notice from USAir US Airways to rectify promptly any such deviation. Contractor will comply with standards related to the Air Transport Association's Customer First Initiative, as defined by US Airways in its "Customer Commitment", issued in September 1999, and will, within * of receipt forward to US Airways a copy of all correspondence with passengers including a copy of Contractor's response to the passenger.
(c) Contractor shall not, without USAir's US Airways' express prior written consent, advertise the services to be rendered hereunder, nor make use of the USAir US Airways Trademarks referred to in Section 11.01 above in any advertising. USAir US Airways shall have absolute discretion to withhold its consent concerning any and all such advertising and use of the USAir US Airways Trademarks in advertising by Contractor. In the event USAir US Airways approves the use of such USAir US Airways Trademarks in any advertising, such advertising shall identify USAir US Airways as the owner of such trademark(s), and to the extent that any xxxx is registered, shall so specify.
(d) To the extent that Contractor is licensed to use the xxxx "USAir," US Airways", Contractor will use said xxxx only in the xxxx "USAir US Airways Express" and then only in conjunction with the services specifically embraced by this Agreement.
(e) Nothing in this Agreement shall be construed to give Contractor the exclusive right to use the USAir trademarksUS Airways Trademarks, or to bridge USAir's US Airways' right to use and/or to license its trademarks, and USAir US Airways hereby reserves the right to continue use of the USAirUS Airways Trademarks and to license such other uses of said trademarks as US Airways may desire.
(f) No term or provision of this Agreement shall be construed to preclude the use of the trademarks "US Airways Express" or the aircraft exterior color decor and patterns by other individuals or corporations not covered by this Agreement.
(g) Should this Agreement be cancelled or otherwise terminated for any reason as set forth in Article 9 hereof, the license permitting Contractor to use the US Airways Trademarks shall terminate and such marks shall not thereafter be used by Contractor in connection with any operations of Contractor.
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