Common use of Costs and Administration Clause in Contracts

Costs and Administration. The parties shall share equally in ------------------------ all costs and fees associated with maintaining the Marks, and Varian shall have the administrative responsibility for tracking, coordinating and submitting payments therefor. Varian shall deliver, at least forty-five (45) days before such costs or fees become due, an invoice to the other parties ("Invoiced Party") requesting submission of each party's share of such costs or fees. The Invoiced Party shall have thirty (30) days from the date of receipt to pay such invoice. If, at any time, an Invoiced Party does not pay, in full, the invoiced amount in a timely manner, Varian shall send a written notice, by facsimile transmission or overnight mail, to such Invoiced Party requesting payment of such invoiced amount within fifteen (15) business days. The failure by the Invoiced Party to make such payment shall constitute abandonment of all rights in the Marks. If Varian decides to abandon its rights in the Marks, Varian shall provide the other parties with written notice of its decision at least sixty (60) days prior to the due date that any cost or fee, and the remaining parties shall confer and determine which of IB or SEB shall be given the administrative responsibility for the Marks. The effect of such abandonment shall be to require the immediate cessation of all use of the Marks by the abandoning party.

Appears in 2 contracts

Sources: Intellectual Property Agreement (Varian Inc), Intellectual Property Agreement (Varian Associates Inc /De/)

Costs and Administration. The parties shall share equally in ------------------------ all costs and fees associated with maintaining the Marks, and Varian shall have the administrative responsibility for tracking, coordinating and submitting payments therefor. Varian shall deliver, at least forty-five (45) days before such costs or fees become due, an invoice to the other parties ("Invoiced Party") requesting submission of each party's share of such costs or fees. The Invoiced Party shall have thirty (30) days from the date of receipt to pay such invoice. If, at any time, an Invoiced Party does not pay, in full, the invoiced amount in a timely manner, Varian shall send a written notice, by facsimile transmission or overnight mail, to such Invoiced Party requesting payment of such invoiced amount within fifteen (15) business days. The failure by the Invoiced Party to make such payment shall constitute abandonment of all rights in the Marks. If Varian decides to abandon its rights in the Marks, Varian shall provide the other parties with written notice of its decision at least sixty (60) days prior to the due date that any cost or fee, and the remaining parties shall confer and to determine which of IB or SEB shall be given the administrative responsibility for the Marks. The effect of such abandonment shall be to require the immediate cessation of all use of the Marks by the abandoning party.

Appears in 1 contract

Sources: Intellectual Property Agreement (Varian Inc)