Common use of Use and Quality Control Clause in Contracts

Use and Quality Control. (a) Licensee acknowledges that the license provided hereunder was granted based on representations and assurance provided by Licensee in its application for license under the O.A.C Rules. Licensee further represents that, to the best of Licensee’s knowledge, the information set forth in Licensee’s application is true and accurate. In the event Licensee’s products cease to comply with the O.A.C Rules, Licensee will immediately advise Licensor of said noncompliance and will immediately cease any and all use of the Marks. Licensee acknowledges that any misrepresentations set forth in the application and/or subsequent renewal applications constitute a material breach of this Agreement. (b) Prior to using the Marks on Product labels, the Licensee shall submit a sample of each proposed label to Licensor for its approval. No label employing the Marks shall be used without prior approval by Licensor. Upon approval by Licensor, Licensee agrees to employ the Marks in a manner such that all labels and advertising used thereafter shall be of a standard equal to the sample initially approved by Licensor. (c) The Licensee may only use the Marks in connection with the advertisement of a Product after receiving approval of a label for that Product by Licensor as specified in Paragraph 4(b) herein. (d) The Marks shall, whenever possible, be reproduced in the original colors. If these colors cannot be used then the Marks shall be printed in black and white or the darkest practicable color scheme. (e) When requested in writing, the Licensor shall have the right to require from time to time that the Licensee submit samples of labels and/or advertising that use the Marks to permit Licensor to determine whether Licensee’s use of the Marks substantially conforms to the terms of this Agreement.