Common use of Use of the Marks Clause in Contracts

Use of the Marks. 5.1 LMGC shall be entitled to use any or all of the Canadian Marks including the words Air Miles as or as part of the Licensed Name(s) of LMGC or any of its Affiliates incorporated in the Territory provided that it is legally able to do so. 5.2 LMGC may use any URL featuring any or part of the Canadian Marks including the words Air Miles and may use a domain name featuring any or part of the Canadian Marks including the words Air Miles including for any Internet-based products or services that LMGC offers as part of or in furtherance of the Programme, providing such URL or domain name includes an identifier of the Territory. LMGC’s website accessed through such domain name must also identify the Territory. LMGC may own any InterNlC Registration Rights therein in its sole discretion. 5.3 AMIH and LMGC agree to consider in good faith any incidents of actual confusion or circumstances giving rise to a reasonable apprehension of confusion between the operation of the Programme by LMGC and/or its sub-licensees of the AMIH Marks and the activities of AMIH and their respective Affiliates and/or licensees under the AMIH Marks which may come to the attention of either Party and the Party responsible for such incidents of confusion or circumstances shall take reasonable steps to ensure that similar confusion or potential confusion does not arise in the future. 5.4 Where LMGC becomes aware of a material or persistent breach, that materially affects the rights of AMIH, of the terms of any sub-license by a sub-licensee of the AMIH Marks appointed by LMGC and such breach continues for at least sixty (60) days after LMGC has given notice requiring the breach to be remedied LMGC shall by means of an escalating course of discipline culminating in termination assert the rights legally available to it to ensure compliance with the provisions of such sub-license agreement. 5.5 Where LMGC becomes aware of a challenge to the validity of, or entitlement of LMGC to use or license any of the AMIH Marks by a sub-licensee of the AMIH Marks appointed by LMGC, LMGC shall by means of an escalating course of discipline culminating in termination assert the rights legally available to it to ensure compliance with the provisions of such sub-licensee’s sub-license in relation to such AMIH Marks.

Use of the Marks. 5.1 LMGC shall be entitled to use any or all of the Canadian Marks including the words Air Miles as or as part of the Licensed Name(s) of LMGC or any of its Affiliates incorporated in the Territory provided that it is legally able to do so. 5.2 LMGC may use any URL featuring any or part of the Canadian Marks including the words Air Miles and may use a domain name featuring any or part of the Canadian Marks including the words Air Miles including for any Internet-based products or services that LMGC offers as part of or in furtherance of the Programme, providing such URL or domain name includes an identifier of the Territory. LMGC’s website accessed through such domain name must also identify the Territory. LMGC may own any InterNlC InterNIC Registration Rights therein in its sole discretion. 5.3 AMIH and LMGC agree to consider in good faith any incidents of actual confusion or circumstances giving rise to a reasonable apprehension of confusion between the operation of the Programme by LMGC and/or its sub-licensees of the AMIH Marks and the activities of AMIH and their respective Affiliates and/or licensees under the AMIH Marks which may come to the attention of either Party and the Party responsible for such incidents of confusion or circumstances shall take reasonable steps to ensure that similar confusion or potential confusion does not arise in the future. 5.4 Where LMGC becomes aware of a material or persistent breach, that materially affects the rights of AMIH, of the terms of any sub-license by a sub-licensee of the AMIH Marks appointed by LMGC and such breach continues for at least sixty (60) days after LMGC has given notice requiring the breach to be remedied LMGC shall by means of an escalating course of discipline culminating in termination assert the rights legally available to it to ensure compliance with the provisions of such sub-license agreement. 5.5 Where LMGC becomes aware of a challenge to the validity of, or entitlement of LMGC to use or license any of the AMIH Marks by a sub-licensee of the AMIH Marks appointed by LMGC, LMGC shall by means of an escalating course of discipline culminating in termination assert the rights legally available to it to ensure compliance with the provisions of such sub-sub- licensee’s sub-license in relation to such AMIH Marks.

Use of the Marks. 5.1 LMGC ADSC shall be entitled to use any or all of the Canadian United States Marks including the words Air Miles as or as part of the Licensed Name(s) of LMGC ADSC or any of its Affiliates incorporated in the Territory provided that it is legally able to do so. 5.2 LMGC ADSC may use any URL featuring any or part of the Canadian United States Marks including the words Air Miles and may use a domain name featuring any or part of the Canadian United States Marks including the words Air Miles including for any Internet-based products or services that LMGC ADSC offers as part of or in furtherance of the Programme, providing such URL or domain name includes an identifier of the Territory. LMGC’s website ADSC's web site accessed through such domain name must also identify the Territory. LMGC ADSC may own any InterNlC InterNIC Registration Rights therein in its sole discretion. 5.3 AMIH and LMGC ADSC agree to consider in good faith any incidents of actual confusion or circumstances giving rise to a reasonable apprehension of confusion between the operation of the Programme by LMGC ADSC and/or its sub-licensees of the AMIH Marks and the activities of AMIH and their respective Affiliates and/or licensees under the AMIH Marks which may come to the attention of either Party and the Party responsible for such incidents of confusion or circumstances shall take reasonable steps to ensure that similar confusion or potential confusion does not arise in the future. 5.4 Where LMGC ADSC becomes aware of a material or persistent breach, that materially affects the rights of AMIH, of the terms of any sub-license by a sub-licensee of the AMIH Marks appointed by LMGC ADSC and such breach continues for at least sixty (60) days after LMGC ADSC has given notice requiring the breach to be remedied LMGC ADSC shall by means of an escalating course of discipline culminating in termination assert the rights legally available to it to ensure compliance with the provisions of such sub-license agreement. 5.5 Where LMGC becomes aware of a challenge to the validity of, or entitlement of LMGC to use or license any of the AMIH Marks by a sub-licensee of the AMIH Marks appointed by LMGC, LMGC shall by means of an escalating course of discipline culminating in termination assert the rights legally available to it to ensure compliance with the provisions of such sub-licensee’s sub-license in relation to such AMIH Marks.

Use of the Marks. 5.1 LMGC shall be entitled to use any or all of the Canadian Marks including the words Air Miles as or as part of the Licensed Name(s) of LMGC or any of its Affiliates incorporated in the Territory provided that it is legally able to do so. 5.2 LMGC may use any URL featuring any or part of the Canadian Marks including the words Air Miles and may use a domain name featuring any or part of the Canadian Marks including the words Air Miles including for any Internet-based products or services that LMGC offers as part of or in furtherance of the Programme, providing such URL or domain name includes an identifier of the Territory. LMGC’s 's website accessed through such domain name must also identify the Territory. LMGC may own any InterNlC Registration Rights therein in its sole discretion. 5.3 AMIH and LMGC agree to consider in good faith any incidents of actual confusion or circumstances giving rise to a reasonable apprehension of confusion between the operation of the Programme by LMGC and/or its sub-licensees of the AMIH Marks and the activities of AMIH and their respective Affiliates and/or licensees under the AMIH Marks which may come to the attention of either Party and the Party responsible for such incidents of confusion or circumstances shall take reasonable steps to ensure that similar confusion or potential confusion does not arise in the future. 5.4 Where LMGC becomes aware of a material or persistent breach, that materially affects the rights of AMIH, of the terms of any sub-license by a sub-licensee of the AMIH Marks appointed by LMGC and such breach continues for at least sixty (60) days after LMGC has given notice requiring the breach to be remedied LMGC shall by means of an escalating course of discipline culminating in termination assert the rights legally available to it to ensure compliance with the provisions of such sub-license agreement. 5.5 Where LMGC becomes aware of a challenge to the validity of, or entitlement of LMGC to use or license any of the AMIH Marks by a sub-licensee of the AMIH Marks appointed by LMGC, LMGC shall by means of an escalating course of discipline culminating in termination assert the rights legally available to it to ensure compliance with the provisions of such sub-licensee’s sub-license in relation to such AMIH Marks.