Trademark Issues Sample Clauses

Trademark Issues. Notwithstanding anything herein to the contrary, all subtenants and other occupants of all or any portion of the Premises shall be subject to the terms of Section 30.15 hereof.
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Trademark Issues. The Company acknowledges the value and good will associated with the trademark “Newmark Xxxxxx Xxxxx.” Xxxxxxx represents to the Company that it owns the name “Newmark” and has a license to use the name “Xxxxxx Xxxxx” and “Newmark Xxxxxx Xxxxx”, and that it has the authority to grant to the Company, and does grant to the Company, a nonexclusive royalty-free license to use (and/or to have any Company Subsidiary use) the name “Newmark Xxxxxx Xxxxx” and the associated good will in the name “Newmark Xxxxxx Xxxxx” in connection with the Company’s and/or the Company Subsidiaries’ business in accordance with Section 2.3 of the Operating Agreement. In connection therewith, the Company agrees to defend, indemnify and hold Newmark and Xxxxxx Xxxxx, their officers, owners, affiliates, agents and employees, harmless from any and all claims arising out of the unauthorized use by the Company and/or the Company Subsidiaries of the trademarks “Newmark” or “Newmark Xxxxxx Xxxxx”. The license granted to the Company hereunder to use the trademarks “Newmark” and “Newmark Xxxxxx Xxxxx” shall be restricted to the Company and/or the Company Subsidiaries only and shall continue until the later of (a) the dissolution of the Company and the winding up of its affairs (and all other reasonable incidental purposes in connection therewith) following a Dissolution Event pursuant to Article XIV of the Operating Agreement; (b) the dissociation of NKFFM Limited Liability Company, or such other Newmark Affiliates holding Company membership interests from the Company, and (c) the termination of the Operating Agreement, following which time the license to use the name “Newmark Xxxxxx Xxxxx” shall automatically be terminated. Newmark shall defend, indemnify and hold the Company
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Trademark Issues. Notwithstanding anything herein to the contrary, all 5 subtenants, licensees and other occupants of all or any portion of the Premises shall be subject to the 6 terms of Sections 5.13 and 32.19 hereof and the License Agreement.
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Trademark Issues. 27 10. Indemnification.......................................................................................28 10.1. Seller Indemnification.......................................................................28 10.2. Buyer Indemnification........................................................................29
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Trademark Issues. (a) Seller shall discontinue its use of CALAN as a trademark for Seller's products and services after the Closing Date; provided that Seller shall not be required to remove existing references to CALAN from materials published prior to the Closing Date until such time as such materials are revised in the ordinary course of business. (b) Buyer acknowledges and agrees that it is not authorized under this Agreement to apply the AGILENT name or logo (hereinafter, "Agilent Branding") to any products, parts, documentation, advertising, and other materials. (c) With respect solely to finished Products, works-in-progress, spare parts, subassemblies, components, supplies and inventory and documentation transferred from Seller to Buyer pursuant to this Agreement: (i) Buyer may resell the finished Products that bear Agilent Branding so long as such Products were transferred from Seller to Buyer in a finished condition (ready for sale to end consumers). (ii) Buyer may incorporate any works-in-progress, spare parts, subassemblies, components, supplies and inventory that bears Agilent Branding into new Products until December 31, 2002 so long as the AGILENT Branding on such parts is not visible to end consumers in the ordinary course of the Products' use. (iii) Buyer may distribute documentation that bears Agilent Branding with the Products until December 31, 2002 so long as such documentation bears a prominent sticker on the front cover identifying Buyer as the source of such documentation and stating that references to Seller in such documentation should be interpreted as references to Buyer. (d) Buyer agrees to accompany all Products and documentation bearing Agilent Branding, as well as all Products containing parts bearing Agilent Branding, with stickers and/or explanatory materials sufficient to notify consumers that Buyer is the proper contact and sole responsible party for such products, parts and materials.
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Trademark Issues. In respect of any Data Critical trademarks, tradenames, tradestyles, or service marks utilized by Agilent under or pursuant to this Agreement, Agilent agrees to adhere to Data Critical's quality standards for such marks and styles and not to modify, enhance or otherwise vary any such xxxx or style without the prior written consent of Data Critical. Agilent further agrees not to file or utilize any trademark, tradename, tradestyle or service xxxx that would be confusingly similar to StatView or any other such xxxx, name or style of Data Critical's to which Agilent has access pursuant to or in connection with this Agreement.
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Trademark Issues 
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Related to Trademark Issues

  • Trademark Use (a) Reseller acknowledges that the Vendor Trademarks are trademarks owned solely and exclusively by Vendor, and agrees to use the Vendor Trademarks only in the form and manner and with appropriate legends as prescribed by Vendor. Reseller agrees not to use any other trademark or service mark xx connection with any of the Vendor Trademarks without prior written approval of Vendor. All use of Vendor Trademarks shall inure to the benefit of Vendor. (b) Vendor acknowledges that the Reseller Trademarks are trademarks owned solely and exclusively by Reseller, and agrees to use the Reseller Trademarks only in the form and manner and with appropriate legends as prescribed by Reseller. Vendor agrees not to use any other trademark or service mark xx connection with any of the Reseller Trademarks without prior written approval of Reseller. All use of Reseller Trademarks shall inure to the benefit of Reseller. (c) Reseller shall indemnify and hold Vendor harmless from and against any and all liabilities, losses, damages, costs and expenses (including legal fees and expenses) associated with any claim or action brought against Vendor that may arise from Reseller's improper or unauthorized replication, packaging, marketing, distribution, or installation of the Software, including claims based on representations, warranties, or misrepresentations made by Reseller. (d) BOTH PARTIES LIABILITY SHALL BE LIMITED TO DIRECT DAMAGES. IN NO EVENT WILL EITHER PARTY BE LIABLE FOR INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS) SUFFERED BY THE OTHER PARTY, EVEN IF IT HAS PREVIOUSLY BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. RESELLER STATES AND VENDOR ACKNOWLEDGES THAT THE BENEFITS OF THIS AGREEMENT ARE A MATERIAL INDUCEMENT TO RESELLER TO ENTER INTO THE CO-HOSTING AGREEMENT AND, IN THE EVENT OF A TERMINATION OF THIS AGREEMENT BY VENDOR FOR AN ALLEGED MATERIAL RESELLER BREACH WHICH IS HELD NOT TO BE A MATERIAL BREACH IN FACT, THE COURT SHALL CONSIDER IN ASSESSING DAMAGES HEREUNDER THE CO-HOSTING FEES AND ANY AMOUNTS PAID BY ANY SUCCESSOR THIRD PARTY SITE MANAGER FOR THE RIGHT TO PERFORM SIMILAR WEB SITE SERVICES FOR VENDOR WITHIN ONE YEAR OF THE TERMINATION.

  • Copyright/Trademark/Patent Consultant understands and agrees that all matters produced under this Agreement shall become the property of District and cannot be used without District's express written permission. District shall have all right, title and interest in said matters, including the right to secure and maintain the copyright, trademark and/or patent of said matter in the name of the District. Consultant consents to use of Consultant's name in conjunction with the sale, use, performance and distribution of the matters, for any purpose and in any medium.

  • Trademark This License does not grant permission to use trade names, trademarks, services marks, logos or names of the Licensor, except as required for reasonable and customary use in describing the origin of the Software and as reasonable necessary to comply with the obligations of this License (e.g. by reproducing the content of the notices). For the avoidance of doubt, upon Distribution of Modifications You must not use the Licensor’s or ESA’s trademarks, names or logos in any way that states or implies, or can be interpreted as stating or implying, that the final product is endorsed or created by the Licensor or ESA.

  • Trademark Rights Any and all past, present or future rights in, to and ---------------- associated with the Trademarks throughout the world, whether arising under federal law, state law, common law, foreign law or otherwise, including the following: all such rights arising out of or associated with the Trademark Registrations; the right (but not the obligation) to register claims under any state, federal or foreign trademark law or regulation; the right (but not the obligation) to xxx or bring opposition or cancellation proceedings in the name of the Assignor or the Agent for any and all past, present and future infringements or dilution of or any other damages or injury to the Trademarks, the Trademark Rights, or the Associated Goodwill, and the rights to damages or profits due or accrued arising out of or in connection with any such past, present or future infringement, dilution, damage or injury; and the Trademark License Rights.

  • Trademarks, Patents Each of the Borrower and the Subsidiaries possesses or has the right to use all of the patents, trademarks, trade names, service marks and copyrights, and applications therefor, and all technology, know-how, processes, methods and designs used in or necessary for the conduct of its business, without known conflict with the rights of others.

  • Trademarks The Company name, the Company logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.

  • Copyrights, Patents, Trademarks and Licenses, etc The Company and each Subsidiary own or are licensed or otherwise have the right to use all of the material patents, trademarks, service marks, trade names, copyrights, contractual franchises, authorizations and other rights that are reasonably necessary for the operation of their respective businesses, without material conflict with the rights of any other Person. To the best knowledge of the Company, no slogan or other advertising device, product, process, method, substance, part or other material now employed, or now contemplated to be employed, by the Company or any Subsidiary infringes upon any rights held by any other Person. Except as specifically disclosed in Schedule 6.5, no claim or litigation regarding any of the foregoing is pending or, to the knowledge of the Company, threatened, and no patent, invention, device, application, principle or any statute, law, rule, regulation, standard or code is pending or, to the knowledge of the Company, proposed, which, in either case, would reasonably be expected to have a Material Adverse Effect.

  • Patents, Trademarks, Copyrights and Licenses All patents, patent applications, trademarks, trademark applications, service marks, service xxxx applications, copyrights, copyright applications, design rights, tradenames, assumed names, trade secrets and licenses owned or utilized by any Borrower are set forth on Schedule 5.9, are valid and have been duly registered or filed with all appropriate Governmental Bodies and constitute all of the intellectual property rights which are necessary for the operation of its business; there is no objection to or pending challenge to the validity of any such patent, trademark, copyright, design rights, tradename, trade secret or license and no Borrower is aware of any grounds for any challenge, except as set forth in Schedule 5.9 hereto. Each patent, patent application, patent license, trademark, trademark application, trademark license, service xxxx, service xxxx application, service xxxx license, design rights, copyright, copyright application and copyright license owned or held by any Borrower and all trade secrets used by any Borrower consist of original material or property developed by such Borrower or was lawfully acquired by such Borrower from the proper and lawful owner thereof. Each of such items has been maintained so as to preserve the value thereof from the date of creation or acquisition thereof. With respect to all software used by any Borrower, such Borrower is in possession of all source and object codes related to each piece of software or is the beneficiary of a source code escrow agreement, each such source code escrow agreement being listed on Schedule 5.9 hereto.

  • Patents As to any patentable subject matter contained in the deliverables, the Contractor agrees to disclose such patentable subject matter to the City. Further, if requested by the City, the Contractor agrees to assign and, if necessary, cause each of its employees to assign the entire right, title, and interest to specific inventions under such patentable subject matter to the City and to execute, acknowledge, and deliver and, if necessary, cause each of its employees to execute, acknowledge, and deliver an assignment of letters patent, in a form to be reasonably approved by the City, to the City upon request by the City.

  • Copyrights, Patents and Trademarks (i) Borrower hereby represents and warrants that, as of the date of this Agreement, Borrower does not have any maskworks, computer software, or other copyrights, that are registered (or are the subject of any application for registration) with the United States Copyright Office. Borrower hereby covenants and agrees that Borrower will NOT register with the United States Copyright Office (or apply for such registration of) any of Borrower’s maskworks, computer software, or other copyrights, unless Borrower has provided Lender not less than 30 days prior written notice of the commencement of such registration/application and Borrower has executed and delivered to Lender such security agreement(s) and other documentation (in form and substance reasonably satisfactory to Lender) which Lender in its good faith business judgment may require for filing with the United States Copyright Office with respect to such registration or application. (ii) Borrower will identify to Lender in writing any and all patents and trademarks of Borrower that are registered (or the subject of any application for registration) with the United States Patent and Trademark Office and, upon Lender’s request therefor, promptly execute and deliver to Lender such security agreement(s) and other documentation (in form and substance reasonably satisfactory to Lender) which Lender in its good faith business judgment may require for filing with the United States Patent and Trademark Office with respect to such registration or application. (iii) Borrower will: (x) protect, defend and maintain the validity and enforceability of Borrower’s copyrights, patents, and trademarks; (y) promptly advise Lender in writing of material infringements of Borrower’s copyrights, patents, or trademarks of which Borrower is or becomes aware; and (z) not allow any material item of Borrower’s copyrights, patents, or trademarks to be abandoned, forfeited or dedicated to the public without Lender’s written consent.

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