Duty to Avoid Confusion. The Parties hereto confirm their belief that likelihood of confusion will not result from the Parties' use of their respective trademarks and service marks as provided for in this Agreement, due to the differences in the environments in which and the customers to whom the goods and services of the Parties associated therewith are primarily offered and sold. The Parties further believe that any potential future confusion will be prevented under the terms of this Agreement. Furthermore, in order to enable and permit each other to continue using and to register their respective trademarks and service marks and to ensure that there is no confusion in any relevant marketplace between them, the Parties agree to use their best efforts to avoid actual or potential confusion arising from their use, to advise any other affected Party of any instance of actual or potential confusion that comes to a Party's attention concerning use of their respective trademarks and service marks, to take all such steps as may be appropriate and necessary to remedy any actual or potential confusion caused by their actions, and to cooperate with each other in good faith to avoid and prevent actual or potential confusion.
Duty to Avoid Confusion. The parties confirm their belief ----------------------- that the likelihood of confusion will not result from the parties' use of the Marks, as provided for in this Agreement, due to the differences in the goods and services associated therewith and the differences in the customers to whom the goods and services are primarily offered and sold. The parties further believe that any potential future confusion will be prevented under the provisions of this Agreement. Furthermore, in order to enable and permit each other to continue using and to register their respective trademarks and to ensure that there is no confusion among them in any relevant marketplace, the parties will use commercially reasonable efforts to avoid actual or potential confusion arising from their use, to advise any other affected party of any instance of actual or potential confusion that comes to a party's attention concerning use of their respective trademarks, to take all such actions as may be necessary or appropriate to remedy any actual or potential confusion caused by their actions, and to cooperate with each other in good faith to avoid and prevent actual or potential confusion.
Duty to Avoid Confusion. The Parties confirm their belief that the likelihood of confusion will not result from their respective use of the SpinCo Marks and RemainCo Marks, including RemainCo’s continuing use of the name BWX Technologies and continued use of the terms “BWX”, “BWX Technologies” or “BWXT” and derivations thereof and therefrom, due to the differences in the goods and services primarily associated therewith (e.g., nuclear versus fossil fuel). In the event that either Party becomes aware of any actual confusion or mistake occurring as a result of their uses of their respective marks, the Parties agree to communicate all details of each such instance to each other, and to cooperate reasonably to take steps to xxxxx the cause of confusion or mistake, and to prevent any such confusion or mistake from arising again.
