Counterfeits Sample Clauses

Counterfeits. “Counterfeit” or “Counterfeits” means Goods that are or contain, or are suspected to be or contain, unlawful or unauthorized reproductions, substitutions, or alterations that have been knowingly mismarked, misidentified, or otherwise misrepresented to be an authentic, unmodified part from the original manufacturer, or a source with the express written authority of the original manufacturer or current design activity, including an authorized aftermarket manufacturer. Seller bears responsibility for procuring authentic items and materials from its subcontractors as required for Goods and shall ensure that all such subcontractors comply with the requirements of this section.
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Counterfeits. Sellers acknowledge and agree that Company may cooperate with any third-party, including any governmental authority and/or law enforcement agency or officials in the event that a Product is alleged to be infringing any third party’s rights, a counterfeit or stolen goods, or otherwise violates any applicable laws, rules and regulations, including without limitation revealing Seller’s contact information when required by court order or other law enforcement directive. Seller is responsible for ensuring the authenticity of all Products offered or sold on the Company Properties.
Counterfeits. Upon Termination and following the Sell Off Period, if applicable, if Licensee or any of its employees, agents, representatives or affiliates continue to manufacture, distribute or sell Licensed Products or any product bearing the Trademarks or any similar mark, this product shall be deemed for the purposes of this Agreemexx x "Counterfeit Product." Licensor shall have all available remedies under law or equity to stop such manufacture, distribution and sale of Counterfeit Product.
Counterfeits. 6.1 In the event that acts are reported on the part of third parties that may constitute acts of counterfeit or infringement of the Marks granted - but also of any drawings, models, copyright, and more generally, of all of the Licensor's intellectual property rights, but also acts of unfair competition and/or free-riding or any act that is equivalent under the law of any country in the Territory - that are associated with the Products and with this Agreement, the Licensor shall be the one to first have jurisdiction over any complaint and/or legal action that it may decide to initiate, if it should decide so to do, it being specified that it is in no way required so to do. If the Licensor does decide to act, solely at its discretion, the Licensee undertakes to cooperate with it in full and without reservation; the fees incurred for the actions shall be borne by the Licensor, and the legal damages and financial awards that may be ordered in its favour will be entirely and exclusively attributed to it, unless the Licensee chooses to join the suit and participate therein, in which case the two parties will cover their own costs and the legal damages and financial orders in their favour will be distributed between the parties proportionally to the share they took of the costs of the actions. If the Licensor decides not to act, the Licensee may decide to do so along, in its own name and for compensation of its own loss; in such a case, the Licensor undertakes to cooperate with it fully and without reservation. The costs incurred for such actions will be borne by the Licensee, and the legal damages and financial awards that may be ordered in its favour will be entirely and exclusively attributed to it.
Counterfeits. The Company takes counterfeiting and fraud seriously. If Submitter provides a counterfeit Item or attempts to defraud the Company, the Company reserves the right to do any or all of the following, in its sole discretion: (i) remove or suspend Submitter from the Services; (ii) refuse to return any Item submitted by Submitter; (iii) place limits on Submitter’s use of the Services; (iv) charge Submitter’s payment method for costs, expenses, and fees incurred by the Company as a result of Submitter’s action or inaction; (v) ship the Item back to Submitter at Submitter’s expense; (vi) provide the counterfeit Item to law enforcement; or (vii) destroy or dispose of the counterfeit Items. Submitter hereby agrees that each of the foregoing remedies are reasonable and justified upon the Company’s discovery of counterfeit Items or fraudulent actions, even if those Items or actions were not known by the Submitter at the time to be counterfeit or fraudulent action at issue. Submitter understands and agrees that if the Company provides the counterfeit Item to law enforcement, Submitter’s communications and any property claim with respect to that Item will be solely with that law enforcement agency and not with the Company, and that Xxxxxxxxx’s personal information shall be shared with law enforcement along with any such Item. We may also require additional identification information from you if you engage in certain high-value transactions or high overall payment volumes.
Counterfeits. 9.1 The Licensee will inform the HMC as soon as it comes to know of it, of the existence of all certification marks in the form of either words or graphics, in competition to the Certification Xxxx, that may resemble it, or be of a nature to create confusion in the mind of the consumer.
Counterfeits. Upon discovery of any real or suspected counterfeit in the Territory, CA shall notify CG immediately undertake reasonable effort to send respective samples to CG for further assessment.
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Counterfeits. To the extent permitted by applicable law, LOOMIS shall not be liable for counterfeit or forged Cash or other negotiable instruments deposited into the Recycler Cassette(s), contained in any Manual Drop Shipments, or dispensed by the Recycler. For the avoidance of doubt, XXXXXX shall assume liability for counterfeit or forged Cash or other negotiable instruments deposited into the Deposit Cassette(s). CUSTOMER shall release, indemnify, defend and hold harmless LOOMIS from all claims, costs, losses or expenses suffered by LOOMIS resulting from the counterfeit or forged Cash deposited into the Recycler or dispensed by or collected from the Recycler.

Related to Counterfeits

  • Infringement Controlled Affiliate shall promptly notify Plan and Plan shall promptly notify BCBSA of any suspected acts of infringement, unfair competition or passing off that may occur in relation to the Licensed Marks and Name. Controlled Affiliate shall not be entitled to require Plan or BCBSA to take any actions or institute any proceedings to prevent infringement, unfair competition or passing off by third parties. Controlled Affiliate agrees to render to Plan and BCBSA, without charge, all reasonable assistance in connection with any matter pertaining to the protection of the Licensed Marks and Name by BCBSA.

  • NONCIRCUMVENTION The Company hereby covenants and agrees that the Company will not, by amendment of its Certificate of Incorporation or Bylaws, or through any reorganization, transfer of assets, consolidation, merger, scheme of arrangement, dissolution, issuance or sale of securities, or any other voluntary action, avoid or seek to avoid the observance or performance of any of the terms of this Warrant, and will at all times in good faith carry out all of the provisions of this Warrant and take all action as may be required to protect the rights of the Holder. Without limiting the generality of the foregoing, the Company (i) shall not increase the par value of any shares of Common Stock receivable upon the exercise of this Warrant above the Exercise Price then in effect, (ii) shall take all such actions as may be necessary or appropriate in order that the Company may validly and legally issue fully paid and nonassessable shares of Common Stock upon the exercise of this Warrant, and (iii) shall, so long as any of the Warrants are outstanding, take all action necessary to reserve and keep available out of its authorized and unissued shares of Common Stock, solely for the purpose of effecting the exercise of the Warrants, the number of shares of Common Stock as shall from time to time be necessary to effect the exercise of the Warrants then outstanding (without regard to any limitations on exercise).

  • No Third Party Rights Except as expressly provided in this Agreement, this Agreement is intended solely for the benefit of the parties hereto and is not intended to confer any benefits upon, or create any rights in favor of, any Person other than the parties hereto.

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