Common use of Use of Names; Name Change Clause in Contracts

Use of Names; Name Change. (a) As soon as reasonably practicable after the Closing (and in no event later than sixty (60) days after the Closing), the Buyer shall cease (and cause the Companies to cease) to use any written materials, including, without limitation, labels, packing materials, letterhead, advertising materials and forms, which include the words identified on Section 9.6(a) of the Seller Disclosure Letter (collectively, the “Seller Trade Names”); provided, however, that the Companies may use inventory, checks, application forms, product literature and sales literature (but not letterhead, business cards or the like), trail maps, signs or the like, each as in existence as of the Closing Date, until the earlier of the exhaustion of such materials or the close of the 2006/2007 ski season. Except as specifically provided herein, Buyer agrees that it shall not hereafter permit the Companies to adopt or use any trade name, trademark or service xxxx incorporating any of the Seller Trade Names or any trade name, trademark or service xxxx likely to indicate endorsement or sponsorship by, or any connection with, the Sellers or any of their Affiliates, including the name or xxxx “American Skiing” or any name or xxxx similar thereto. (b) As soon as commercially reasonably practicable after the Closing (and in no event later than sixty 60 days after the Closing), ASC shall, and shall cause its Affiliates to, cease to use any written materials, including labels, packing materials, letterhead, advertising materials and forms, which include the words identified on Section 9.6(b) of the Seller Disclosure Letter (collectively, the “Buyer Trade Names”); provided, however, that ASC and its Affiliates may use inventory, checks, application forms, product literature, sales literature (but not letterhead, business cards or the like), trail maps, signs and the like, each as in existence as of the Closing Date, until the earlier of the exhaustion of such materials or the close of the 2006/2007 ski season. Except as specifically provided herein, the Sellers agree that they and their Affiliates shall not hereafter adopt or use any trade name, trademark or service xxxx incorporating any of the Buyer Trade Names or any trade name, trademark or service xxxx likely to indicate endorsement or sponsorship by, or any connection with, Buyer or any of its Affiliates. (c) ASC shall, and shall cause its Affiliates to, cease and desist the use of the internet domain names “Xxxxxxxxx.xxx” and “Xxxxxxxx.xxx” and any other domain names containing the words “Mt. Snow”, “Mount Snow”, “Attitash”, or “Bear Peak” at the close of the 2006/2007 ski season and all times thereafter.

Use of Names; Name Change. (a) As Except as provided in the Joint Promotional Agreement, as soon as reasonably practicable after the Closing (and in no event later than sixty (60) days 60)days after the Closingdate hereof), the Buyer Purchaser shall cease (and cause the Companies Company to cease) cease to use any written materials, including, without limitation, labels, packing materials, letterhead, advertising materials and forms, which include the words identified on Section 9.6(aSchedule 9.07 (a) of the Seller Disclosure Letter (collectively, the “"Seller Trade Names”"); provided, however, that the Companies Company may use inventory, checks, application forms, product literature and sales literature (but not letterhead, business cards or the like), trail maps, signs or and the like, each as in existence as of the Closing Date, Date until the earlier of the exhaustion of such materials or the close of the 2006/2007 2001-2002 ski season. Except as specifically provided hereinherein or in the Joint Promotional Agreement, Buyer the Purchaser agrees that it shall not hereafter permit the Companies Company to adopt or use any trade name, trademark or service xxxx incorporating any of the Seller Trade Names or any trade name, trademark or service xxxx likely to indicate endorsement or sponsorship by, or any connection with, the Sellers Seller or any of their Affiliates, including the name or of xxxx “"American Skiing” " or any name or xxxx similar thereto. (b) As Except as provided in the Joint Promotional Agreement, as soon as commercially reasonably practicable after the Closing (and in no event later than sixty (60 days after the Closingdate hereof), ASC shall, and the Seller shall cause its Affiliates to, cease to use any written materials, including labels, packing materials, letterhead, advertising materials and forms, which include the words identified on Section 9.6(bSchedule 9.07(b) of the Seller Disclosure Letter (collectively, the “Buyer "Purchaser Trade Names”"); provided, however, that ASC the Seller and its Affiliates may use inventory, checks, application forms, product literature, sales literature (but not letterhead, business cards or the like), trail maps, signs and the like, each as in existence as of the Closing Date, Date until the earlier of the exhaustion of such materials or the close of the 2006/2007 2001-2002 ski season. Except as specifically provided hereinherein or in the Joint Promotional Agreement, the Sellers agree Seller agrees that they and their Affiliates it shall not hereafter adopt or use any trade name, trademark or service xxxx incorporating any of the Buyer Purchaser Trade Names or any trade name, trademark or service xxxx likely to indicate endorsement or sponsorship by, or any connection with, Buyer the Purchaser or any of its Affiliates. (c) ASC shall, and shall cause its Affiliates to, cease and desist the use of the internet domain names “Xxxxxxxxx.xxx” and “Xxxxxxxx.xxx” and any other domain names containing the words “Mt. Snow”, “Mount Snow”, “Attitash”, or “Bear Peak” at the close of the 2006/2007 ski season and all times thereafter.

Use of Names; Name Change. (a) As soon as reasonably practicable after the Closing (and in no event later than sixty (60) days after the ClosingClosing Date), the Buyer shall cease (and cause the Companies to cease) to use any written materials, including, without limitation, labels, packing materials, letterhead, advertising materials and forms, which include the words identified on Section 9.6(aSchedule 8.6(a) of the Seller Disclosure Letter Schedule (collectively, the “Seller Trade Names”); provided, however, that the Companies Buyer may use inventory, checks, application forms, product literature and sales literature (but not letterhead, business cards or the like), trail maps, signs or the like, each as in existence as of the Closing Date, until the earlier of the exhaustion of such materials or the close of the 2006/2007 2006-2007 ski season; provided, further, that in connection with the use or display of any Seller Trade Names in any mailed or distributed materials, the Buyer shall use their commercially reasonable efforts to include a statement (after consulting with Sellers) to the effect that assets of the Sellers have been sold to the Buyer and that the use or display of any Seller Trade Name is related to the sale transition and does not in any manner indicate the endorsement or sponsorship by, or any connection with the Sellers. Except as specifically provided herein, Buyer agrees that it shall not hereafter permit the Companies to adopt or use any trade name, trademark or service xxxx incorporating any of the Seller Trade Names or any trade name, trademark or service xxxx likely to indicate endorsement or sponsorship by, or any connection with, the Sellers ASC or any of their its Affiliates, including the name or xxxx “American Skiing” or any name or xxxx similar thereto. (b) As soon as commercially reasonably practicable after the Closing closing (and in no event later than sixty (60 days after the Closingdate hereof), ASC the Sellers shall, and shall cause its their Affiliates to, cease to use any written materials, including labels, packing materials, letterhead, advertising materials and forms, which include the words identified on Section 9.6(bSchedule 8.6(b) of the Seller Disclosure Letter Schedule (collectively, the “Buyer Trade Names”); provided, however, that ASC Sellers and its Affiliates may use inventory, checks, application forms, product literature, sales literature (but not letterhead, business cards or the like), trail maps, signs and the like, each as in existence as of the Closing Date, until the earlier of the exhaustion of such materials or the close of the 2006/2007 2006-2007 ski season. Except as specifically provided herein, the Sellers agree that they and their Affiliates shall not hereafter adopt or use any trade name, trademark or service xxxx incorporating any of the Buyer Trade Names or any trade name, trademark or service xxxx likely to indicate endorsement or sponsorship by, or any connection with, any Buyer or any of its Affiliates. (c) ASC shall, and shall cause its Affiliates to, cease and desist the use of the internet domain names “Xxxxxxxxx.xxx” and “Xxxxxxxx.xxx” and any other domain names containing the words “Mt. Snow”, “Mount Snow”, “Attitash”, or “Bear Peak” at the close of the 2006/2007 ski season and all times thereafter.

Use of Names; Name Change. (a) As soon as reasonably practicable after the Closing (and in no event later than sixty (60) days after the Closing), the Buyer Purchasers shall cease (and cause the Companies Company to cease) to use any written materials, including, without limitation, labels, packing materials, letterhead, advertising materials and forms, which include the words identified on Section 9.6(a) of the Seller Disclosure Letter (collectively, the “Seller Trade Names”); provided, however, that the Companies Company may use inventory, checks, application forms, product literature and sales literature (but not letterhead, business cards or the like), trail maps, signs or the like, each as in existence as of the Closing Date, until the earlier of the exhaustion of such materials or the close of the 2006/2007 ski season. Except as specifically provided herein, Buyer each Purchaser agrees that it shall not hereafter permit the Companies Company to adopt or use any trade name, trademark or service xxxx incorporating any of the Seller Trade Names or any trade name, trademark or service xxxx likely to indicate endorsement or sponsorship by, or any connection with, the Sellers or any of their Affiliates, including the name or xxxx “American Skiing” or any name or xxxx similar thereto. (b) As soon as commercially reasonably practicable after the Closing (and in no event later than sixty 60 days after the Closing), ASC shall, and shall cause its Affiliates to, cease to use any written materials, including labels, packing materials, letterhead, advertising materials and forms, which include the words identified on Section 9.6(b) of the Seller Disclosure Letter (collectively, the “Buyer Purchaser Trade Names”); provided, however, that ASC and its Affiliates may use inventory, checks, application forms, product literature, sales literature (but not letterhead, business cards or the like), trail maps, signs and the like, each as in existence as of the Closing Date, until the earlier of the exhaustion of such materials or the close of the 2006/2007 ski season. Except as specifically provided herein, the Sellers agree that they and their Affiliates shall not hereafter adopt or use any trade name, trademark or service xxxx incorporating any of the Buyer Purchaser Trade Names or any trade name, trademark or service xxxx likely to indicate endorsement or sponsorship by, or any connection with, Buyer any Purchaser or any of its Affiliates. (c) ASC shall, and shall cause its Affiliates to, cease and desist the use of the internet domain names name “Xxxxxxxxx.xxx” and “Xxxxxxxx.xxxxxxxxxxxxxxxxxxx.xxx” and any other domain names containing the words word “Mt. Snow”, “Mount Snow”, “Attitash”, or “Bear Peaksteamboat” at the close of the 2006/2007 ski season and all times thereafter.

Use of Names; Name Change. (a) As soon as reasonably practicable after the Closing (and in no event later than sixty (60) days after the Closingdate hereof), the Buyer Purchasers shall cease (and cause the Companies Company to cease) to use any written materials, including, without limitation, labels, packing materials, letterhead, advertising materials and forms, which include the words identified on Section 9.6(aSchedule 9.06(a) of the Seller Disclosure Letter Schedule (collectively, the “"Seller Trade Names”"); provided, however, that the Companies Company may use inventory, checks, application forms, product literature and sales literature (but not letterhead, business cards or the like), trail maps, signs or the like, each as in existence as of the Closing Date, until the earlier of the exhaustion of such materials or the close of the 2006/2007 2001-2002 ski season; provided, further, that in connection with the use or display of any Seller Trade Names in any mailed or distributed materials, the Purchasers shall use their commercially reasonable efforts to include a statement (and to allow ASC to review and comment upon such statement) to the effect that the Company has been sold to the Purchasers and that the use or display of any Seller Trade Name is related to the sale transition and does not in any manner indicate the endorsement or sponsorship by, or any connection with the Sellers. Except as specifically provided herein, Buyer each Purchaser agrees that it shall not hereafter permit the Companies Company to adopt or use any trade name, trademark or service xxxx mxxx incorporating any of the Seller Trade Names or any trade name, trademark or service xxxx mxxx likely to indicate endorsement or sponsorship by, or any connection with, the Sellers or any of their Affiliates, including the name or xxxx “mxxx "American Skiing” " or any name or xxxx mxxx similar thereto. (b) As soon as commercially reasonably practicable after the Closing closing (and in no event later than sixty (60 days after the Closingdate hereof), ASC the Sellers shall, and shall cause its their Affiliates to, cease to use any written materials, including labels, packing materials, letterhead, advertising materials and forms, which include the words identified on Section 9.6(bSchedule 9.06(b) of the Seller Disclosure Letter Schedule (collectively, the “Buyer "Purchaser Trade Names”"); provided, however, that ASC and its Affiliates may use inventory, checks, application forms, product literature, sales literature (but not letterhead, business cards or the like), trail maps, signs and the like, each as in existence as of the Closing Date, until the earlier of the exhaustion of such materials or the close of the 2006/2007 2001-2002 ski season. Except as specifically provided herein, the Sellers agree that they and their Affiliates shall not hereafter adopt or use any trade name, trademark or service xxxx mxxx incorporating any of the Buyer Purchaser Trade Names or any trade name, trademark or service xxxx mxxx likely to indicate endorsement or sponsorship by, or any connection with, Buyer any Purchaser or any of its Affiliates. (c) ASC shall, and shall cause its Affiliates to, cease and desist the use of the internet domain names “Xxxxxxxxx.xxx” and “Xxxxxxxx.xxx” and any other domain names containing the words “Mt. Snow”, “Mount Snow”, “Attitash”, or “Bear Peak” at the close of the 2006/2007 ski season and all times thereafter.

Use of Names; Name Change. (a) As soon as reasonably practicable after the Closing (and in no event later than sixty (60) days after the Closing), the Buyer shall cease (and cause the Companies to cease) to use any written materials, including, without limitation, labels, packing materials, letterhead, advertising materials and forms, which include the words identified on Section 9.6(a) of the Seller Disclosure Letter (collectively, the “Seller Trade Names”); provided, however, that the Companies may use inventory, checks, application forms, product literature and sales literature (but not letterhead, business cards or the like), trail maps, signs or the like, each as in existence as of the Closing Date, until the earlier of the exhaustion of such materials or the close opening of the 2006/2007 2007/2008 ski season. Except as specifically provided herein, Buyer agrees that it shall not hereafter permit the Companies to adopt or use any trade name, trademark or service xxxx incorporating any of the Seller Trade Names or any trade name, trademark or service xxxx likely to indicate endorsement or sponsorship by, or any connection with, the Sellers or any of their Affiliates, including the name or xxxx “American Skiing” or any name or xxxx similar thereto. (b) As soon as commercially reasonably practicable after the Closing (and in no event later than sixty 60 days after the Closing), ASC shall, and shall cause its Affiliates to, cease to use any written materials, including labels, packing materials, letterhead, advertising materials and forms, which include the words identified on Section 9.6(b) of the Seller Disclosure Letter (collectively, the “Buyer Trade Names”); provided, however, that ASC and its Affiliates may use inventory, checks, application forms, product literature, sales literature (but not letterhead, business cards or the like), trail maps, signs and the like, each as in existence as of the Closing Date, until the earlier of the exhaustion of such materials or the close opening of the 2006/2007 2007/2008 ski season; and, provided, further, that ASC and its Affiliates shall be entitled to utilize “Perfect Turn” in connection with the operation of the Canyons Resort through the 2009-10 ski season. . Except as specifically provided herein, the Sellers agree that they and their Affiliates shall not hereafter adopt or use any trade name, trademark or service xxxx incorporating any of the Buyer Trade Names or any trade name, trademark or service xxxx likely to indicate endorsement or sponsorship by, or any connection with, Buyer or any of its Affiliates. (c) ASC shall, and shall cause its Affiliates to, cease and desist the use of the internet domain names “Xxxxxxxxx.xxx” and “Xxxxxxxx.xxxXxxxxxxxxxx.xxx” and any other domain names containing the words “Mt. Snow”, “Mount Snow”, “Attitash”, Sugarloaf” or “Bear PeakSunday River” at the close of the 2006/2007 ski season Closing Date and all times thereafter.

Use of Names; Name Change. (a) As soon as reasonably practicable after the Closing (and in no event later than sixty (60) days after the Closingdate hereof), the Buyer Purchasers shall cease (and cause the Companies Company to cease) to use any written materials, including, without limitation, labels, packing materials, letterhead, advertising materials and forms, which include the words identified on Section Schedule 9.6(a) of the Seller Disclosure Letter Schedule (collectively, the “Seller Trade Names”); provided, however, that the Companies Company may use inventory, checks, application forms, product literature and sales literature (but not letterhead, business cards or the like), trail maps, signs or the like, each as in existence as of the Closing Date, until the earlier of the exhaustion of such materials or the close of the 2006/2007 2007-2008 ski season; provided, further, that in connection with the use or display of any Seller Trade Names in any mailed or distributed materials, the Purchasers shall use their commercially reasonable efforts to include a statement (and to allow ASC to review and comment upon such statement) to the effect that the Company has been sold to the Purchasers and that the use or display of any Seller Trade Name is related to the sale transition and does not in any manner indicate the endorsement or sponsorship by, or any connection with the Sellers. Except as specifically provided herein, Buyer each Purchaser agrees that it shall not hereafter permit the Companies Company to adopt or use any trade name, trademark or service xxxx mxxx incorporating any of the Seller Trade Names or any trade name, trademark or service xxxx mxxx likely to indicate endorsement or sponsorship by, or any connection with, the Sellers or any of their Affiliates, including the name or xxxx mxxx “American Skiing” or any name or xxxx mxxx similar thereto. (b) As soon as commercially reasonably practicable after the Closing closing (and in no event later than sixty 60 days after the Closingdate hereof), ASC the Sellers shall, and shall cause its their Affiliates to, cease to use any written materials, including labels, packing materials, letterhead, advertising materials and forms, which include the words identified on Section Schedule 9.6(b) of the Seller Disclosure Letter Schedule (collectively, the “Buyer Purchaser Trade Names”); provided, however, that ASC and its Affiliates may use inventory, checks, application forms, product literature, sales literature (but not letterhead, business cards or the like), trail maps, signs and the like, each as in existence as of the Closing Date, until the earlier of the exhaustion of such materials or the close of the 2006/2007 2007-2008 ski season. Except as specifically provided herein, the Sellers agree that they and their Affiliates shall not hereafter adopt or use any trade name, trademark or service xxxx mxxx incorporating any of the Buyer Purchaser Trade Names or any trade name, trademark or service xxxx mxxx likely to indicate endorsement or sponsorship by, or any connection with, Buyer any Purchaser or any of its Affiliates. (c) ASC shall, and shall cause its Affiliates to, cease and desist the use of the internet domain names “Xxxxxxxxx.xxx” and “Xxxxxxxx.xxx” and any other domain names containing the words “Mt. Snow”, “Mount Snow”, “Attitash”, or “Bear Peak” at the close of the 2006/2007 ski season and all times thereafter.

Use of Names; Name Change. (a) As soon as reasonably practicable after the Closing (and in no event later than sixty (60) days after the Closingdate hereof), the Buyer Purchasers shall cease (and cause the Companies Company to cease) to use any written materials, including, without limitation, labels, packing materials, letterhead, advertising materials and forms, which include the words identified on Section 9.6(aSchedule ARTICLE IX(hh) of the Seller Disclosure Letter Schedule (collectively, the “"Seller Trade Names”"); provided, however, that the Companies Company may use inventory, checks, application forms, product literature and sales literature (but not letterhead, business cards or the like), trail maps, signs or the like, each as in existence as of the Closing Date, until the earlier of the exhaustion of such materials or the close of the 2006/2007 2001-2002 ski season; provided, further, that in connection with the use or display of any Seller Trade Names in any mailed or distributed materials, the Purchasers shall use their commercially reasonable efforts to include a statement (and to allow ASC to review and comment upon such statement) to the effect that the Company has been sold to the Purchasers and that the use or display of any Seller Trade Name is related to the sale transition and does not in any manner indicate the endorsement or sponsorship by, or any connection with the Sellers. Except as specifically provided herein, Buyer each Purchaser agrees that it shall not hereafter permit the Companies Company to adopt or use any trade name, trademark or service xxxx incorporating any of the Seller Trade Names or any trade name, trademark or service xxxx likely to indicate endorsement or sponsorship by, or any connection with, the Sellers or any of their Affiliates, including the name or xxxx “"American Skiing” " or any name or xxxx similar thereto. (b) . As soon as commercially reasonably practicable after the Closing closing (and in no event later than sixty (60 days after the Closingdate hereof), ASC the Sellers shall, and shall cause its their Affiliates to, cease to use any written materials, including labels, packing materials, letterhead, advertising materials and forms, which include the words identified on Section 9.6(bSchedule ARTICLE IX(ii) of the Seller Disclosure Letter Schedule (collectively, the “Buyer "Purchaser Trade Names”"); provided, however, that ASC and its Affiliates may use inventory, checks, application forms, product literature, sales literature (but not letterhead, business cards or the like), trail maps, signs and the like, each as in existence as of the Closing Date, until the earlier of the exhaustion of such materials or the close of the 2006/2007 2001-2002 ski season. Except as specifically provided herein, the Sellers agree that they and their Affiliates shall not hereafter adopt or use any trade name, trademark or service xxxx incorporating any of the Buyer Purchaser Trade Names or any trade name, trademark or service xxxx likely to indicate endorsement or sponsorship by, or any connection with, Buyer any Purchaser or any of its Affiliates. (c) ASC shall, and shall cause its Affiliates to, cease and desist the use of the internet domain names “Xxxxxxxxx.xxx” and “Xxxxxxxx.xxx” and any other domain names containing the words “Mt. Snow”, “Mount Snow”, “Attitash”, or “Bear Peak” at the close of the 2006/2007 ski season and all times thereafter.