Common use of Applicability of Extended Requirements Clause in Contracts

Applicability of Extended Requirements. The ER Owner shall not be required to establish (or follow) Extended Requirements of an ER Mark if the Compliance Party is not using a specific ER Mark in North America. During the Term, the Compliance Party shall communicate to the ER Owner any intended first use of an ER Mark in North America at least three (3) months prior to any such first intended use of an ER Mark. Following receipt of the Compliance Party’s intended first use of an applicable ER Mark in North America (“Use Notice”), the ER Owner shall provide the Compliance Party any applicable Extended Requirements (or confirm none), or to the extent not yet established, shall establish any applicable Extended Requirements for such ER Mark, within three (3) months of receipt of the Use Notice. If the ER Owner fails to communicate to the Compliance Party any Extended Requirements (or confirms none) for an applicable ER Mark within three (3) months of the Use Notice, the Compliance Party shall assume there are no applicable Extended Requirements for such ER Mark until such time as the ER Owner communicates any applicable Extended Requirements for such ER Mark, as specified in Section 6.6(d)(i). The Compliance Party shall comply with the timeline for implementation of Extended Requirements communicated by the ER Owner for an applicable ER Mark as specified in Section 6.6(d)(i). The Extended Requirements of any Licensed Mark in North America as prescribed by the applicable ER Owner shall not conflict with any NA Core Requirements, as applicable, for such Licensed Mark.