Common use of Trademarks and Service Marks Clause in Contracts

Trademarks and Service Marks. Dealer acknowledges that Sea Ray or its affiliated companies are the exclusive owners of various trademarks, service marks, trade designations, logos and trade dress (collectively “Identification”) which Sea Ray uses in connection with Products and its business. Dealer is authorized to use Identification only in the manner prescribed by Sea Ray, only in connection with the promotion and sale of Products, and only until the expiration or termination of this Agreement. Dealer shall not register or assist any other party to register any domain name that contains or closely resembles any Company Identification without first obtaining the prior written consent of Company. Dealer shall not use Identification in any unauthorized manner or in any manner that adversely reflects upon the reputation of Sea Ray or in relation to any other matter that is a breach of this Agreement. Dealer shall not use Identification or advertise outside of the Territory to the extent prohibited by the terms of this Agreement, without Sea Ray’s express written consent and shall comply with Sea Ray’s Advertising Policy. Authorization shall not be interpreted as a license for use of Identification. Dealer acquires no proprietary rights with respect to Identification, and this authorization shall terminate simultaneously with the termination or expiration of this Agreement. In the event of expiration or termination of this Agreement, Dealer shall immediately discontinue use of Identification in any way whatsoever and shall thereafter not use, either directly or indirectly, any Identification or any confusingly similar Identification in a manner likely to confuse, mislead, or deceive the public. Dealer may continue to use Identification for a reasonable period of time in the event Sea Ray does not repurchase Dealer Product inventory as long as such Identification use remains subject to the terms of this Agreement, Sea Ray’s Advertising Policy or any other written instructions provided by Sea Ray to Dealer. Dealer agrees that any unauthorized use or continued use of Identification after the period of time allowed by this Paragraph 13 shall constitute irreparable harm entitling Sea Ray to seek equitable relief, including injunction and specific performance, without the necessity of posting bond or proving actual damages, as a remedy for any such breach. Such remedies shall not be deemed to be the exclusive remedies for such a breach by Dealer but shall be in addition to all other remedies available at law or equity to Sea Ray.

Trademarks and Service Marks. Dealer acknowledges that Sea Ray Boston Whaler or its affiliated companies are the exclusive owners of various trademarks, service marks, trade designations, logos and trade dress (collectively “Identification”) which Sea Ray Boston Whaler uses in connection with Products and its business. Dealer is authorized to use Identification only in the manner prescribed by Sea RayBoston Whaler, only in connection with the promotion and sale of Products, and only until the expiration or termination of this Agreement. Dealer shall not register or assist any other party to register any domain name that contains or closely resembles any Company Identification without first obtaining the prior written consent of Company. Dealer shall not use Identification in any unauthorized manner or in any manner that adversely reflects upon the reputation of Sea Ray Boston Whaler or in relation to any other matter that is a breach of this Agreement. Dealer shall not use Identification or advertise outside of the Territory to the extent prohibited by the terms of this Agreement, without Sea RayBoston Whaler’s express written consent and shall comply with Sea RayBoston Whaler’s Advertising Policy. Authorization shall not be interpreted as a license for use of Identification. Dealer acquires no proprietary rights with respect to Identification, and this authorization shall terminate simultaneously with the termination or expiration of this Agreement. In the event of expiration or termination of this Agreement, Dealer shall immediately NOTE: PORTIONS OF THIS EXHIBIT INDICATED BY “[****]” ARE SUBJECT TO A CONFIDENTIAL TREATMENT REQUEST, AND HAVE BEEN OMITTED FROM THIS EXHIBIT. COMPLETE, UNREDACTED COPIES OF THIS EXHIBIT HAVE BEEN FILED WITH THE SECURITIES AND EXCHANGE COMMISSION AS PART OF THIS COMPANY’S CONFIDENTIAL TREATMENT REQUEST. discontinue use of Identification in any way whatsoever and shall thereafter not use, either directly or indirectly, any Identification or any confusingly similar Identification in a manner likely to confuse, mislead, or deceive the public. Dealer may continue to use Identification for a reasonable period of time in the event Sea Ray Boston Whaler does not repurchase Dealer Product inventory as long as such Identification use remains subject to the terms of this Agreement, Sea RayBoston Whaler’s Advertising Policy or any other written instructions provided by Sea Ray Boston Whaler to Dealer. Dealer agrees that any unauthorized use or continued use of Identification after the period of time allowed by this Paragraph Section 13 shall constitute irreparable harm entitling Sea Ray Boston Whaler to seek equitable relief, including injunction and specific performance, without the necessity of posting bond or proving actual damages, as a remedy for any such breach. Such remedies shall not be deemed to be the exclusive remedies for such a breach by Dealer but shall be in addition to all other remedies available at law or equity to Sea RayBoston Whaler.

Trademarks and Service Marks. Dealer acknowledges that Sea Ray Company or its affiliated companies are the exclusive owners of various trademarks, service marks, trade designations, logos and trade dress (collectively “"Identification”") which Sea Ray Company uses in connection with Products and its business. Dealer is authorized to use Identification only in the manner prescribed by Sea RayCompany, only in connection with the promotion and sale of Products, and only until the expiration or termination of this Agreement. Dealer shall not register or assist any other party to register any domain name that contains or closely resembles any Company Identification without first obtaining the prior written consent of Company. Dealer shall not use Identification in any unauthorized manner or in any manner that adversely reflects upon the reputation of Sea Ray Company or in relation to any other matter that is a breach of this Agreement. Dealer shall not use Identification or advertise outside of the Territory to the extent prohibited by the terms of this Agreement, without Sea Ray’s Company's express written consent and shall comply with Sea RayCompany’s Advertising Policy. Authorization shall not be interpreted as a license for use of Identification. Dealer acquires no proprietary rights with respect to Identification, and this authorization shall terminate simultaneously with the termination or expiration of this Agreement. In the event of expiration or termination of this Agreement, Dealer shall immediately discontinue use of Identification in any way whatsoever and shall thereafter not use, either directly or indirectly, any Identification or any confusingly similar Identification in a manner likely to confuse, mislead, or deceive the public. Dealer may continue to use Identification for a reasonable period of time in the event Sea Ray if Company does not repurchase Dealer Product inventory as long as such Identification use remains subject to the terms of this Agreement, Sea Ray’s Company's Advertising Policy or any other written instructions provided by Sea Ray to Dealerthe Company. Dealer agrees that any unauthorized use or continued use of Identification after the period of time allowed by this Paragraph 13 14 shall constitute irreparable harm entitling Sea Ray Company to seek equitable relief, including injunction and specific performance, without the necessity of posting bond or proving actual damages, as a remedy for any such breach. Such remedies shall not be deemed to be the exclusive remedies for such a breach by Dealer but shall be in addition to all other remedies available at law or equity to Sea RayCompany.

Trademarks and Service Marks. Dealer acknowledges that Sea Ray Hatteras or its affiliated companies are the exclusive owners of various trademarks, service marks, trade designations, logos and trade dress (collectively “Identification”) which Sea Ray Hatteras uses in connection with Products and its business. Dealer is authorized to use Identification only in the manner prescribed by Sea RayHatteras, only in connection with the promotion and sale of Products, and only until the expiration or termination of this Agreement. Dealer shall not register use Hatteras or assist other identification in the name of the Dealer’s business or any other party to register any domain trade name that contains or closely resembles any Company Identification without first obtaining of the prior written consent of CompanyDealer. Dealer shall not use Identification in any unauthorized manner or in any manner that adversely reflects upon the reputation of Sea Ray Hatteras or in relation to any other matter that is a breach of this Agreement. Dealer shall not use Identification or intentionally advertise outside of the Territory to the extent prohibited by the terms of this Agreement, without Sea Ray’s Hatteras’ express written consent and shall comply with Sea Ray’s Advertising Hatteras’ announced Internet Policy. Authorization shall not be interpreted as a license for use of Identification. Dealer acquires no proprietary rights with respect to Identification, and this authorization shall terminate simultaneously with the termination or expiration of this Agreement. In the event of expiration or termination of this Agreement, Dealer shall immediately discontinue use of Identification in any way whatsoever and shall thereafter not use, either directly or indirectly, any Identification or any confusingly similar Identification in a manner likely to confuse, misleadmistake, or deceive the public. Dealer may continue to use Identification for a reasonable period of time in the event Sea Ray Hatteras does not repurchase Dealer Product inventory as long as such Identification use remains subject to the terms of this Agreement, Sea Ray’s Advertising Policy or any other written instructions provided by Sea Ray to Dealer. Dealer agrees that any unauthorized use or continued use of Identification after the period of time allowed by this Paragraph 13 shall constitute irreparable harm entitling Sea Ray to seek equitable relief, including injunction and specific performance, without the necessity of posting bond or proving actual damages, as a remedy for any such breach. Such remedies shall not be deemed to be the exclusive remedies for such a breach by Dealer but shall be in addition to all other remedies available at law or equity to Sea Ray.