Common use of Notification of Infringements and Claims Clause in Contracts

Notification of Infringements and Claims. The Marketer shall immediately notify the Franchisor of any apparent infringement of or challenge to the Marketer's use of any Xxxx, or claim by any person of any rights in any Xxxx, and the Marketer shall not communicate with any person other than the Franchisor or its counsel in connection with any such matter. The Marketer may not settle any claim without the Franchisor's written consent. The Franchisor shall have sole discretion to take such action as it deems appropriate and the right to control exclusively any litigation, U.S. Patent and Trademark Office proceeding or any other administrative proceeding arising out of any such infringement, challenge or claim or otherwise relating to any Xxxx. The Marketer agrees to execute any and all instruments and documents, render such assistance and perform such acts as, in the opinion of the Franchisor's counsel, may be necessary or advisable to protect and maintain the Franchisor's interest in the Marks.

Appears in 2 contracts

Samples: Area Marketing Agreement (Pak Mail Centers of America Inc), Marketing Agreement (Pak Mail Centers of America Inc)

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Notification of Infringements and Claims. The Marketer shall immediately notify the Franchisor of any apparent possible infringement of or challenge to the Marketer's use of any XxxxMark or copyrighted work, or xx claim by any person of any rights in any XxxxMark or copyrighted work, and xxd the Marketer shall not communicate with any person other than the Franchisor or its counsel in connection with any such matter. The Marketer may not settle any claim without the Franchisor's written consent. The Franchisor shall have sole discretion to take such action as it deems appropriate and the right to control exclusively any litigation, U.S. Patent and Trademark Office proceeding or any other administrative proceeding arising out of any such infringement, challenge or claim or otherwise relating to any XxxxMark or copyrighted worx. The Marketer agrees to execute any and all instruments and documents, render such assistance and perform such acts as, in the opinion of the Franchisor's counsel, may be necessary or advisable to protect and maintain the Franchisor's interest in the MarksMarks and in its copyrighted works.

Appears in 1 contract

Samples: Area Marketing Agreement (Pak Mail Centers of America Inc)

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Notification of Infringements and Claims. The Marketer shall immediately notify the Franchisor of any apparent possible infringement of or challenge to the Marketer's use of any XxxxMark or copyrighted work, or claim by any person of any rights in any Xxxxanx Xxrk or copyrighted work, and the Marketer shall not communicate with any witx xxy person other than the Franchisor or its counsel in connection with any such matter. The Marketer may not settle any claim without the Franchisor's written consent. The Franchisor shall have sole discretion to take such action as it deems appropriate and the right to control exclusively any litigation, U.S. Patent and Trademark Office proceeding or any other administrative proceeding arising out of any such infringement, challenge or claim or otherwise relating to any XxxxMark or copyrighted work. The Marketer agrees to execute any and all instruments xxxtruments and documents, render such assistance and perform such acts as, in the opinion of the Franchisor's counsel, may be necessary or advisable to protect and maintain the Franchisor's interest in the MarksMarks and in its copyrighted works.

Appears in 1 contract

Samples: Area Marketing Agreement (Pak Mail Centers of America Inc)

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