Common use of Form of Use Clause in Contracts

Form of Use. A. MARKETING agrees to use the Licensed Marks only in the form, manner and trade dress and with appropriate legends as reasonably prescribed from time to time by REALTY, and not to use any other trademark, trade name, trade dress, or service ▇▇▇▇ in combination with any of the Licensed Marks without prior written approval of REALTY. REALTY hereby approves of the use of the Licensed Marks used in combination with other trademarks, trade names, trade dress, or service marks set out in Schedule C. B. MARKETING shall submit to REALTY for prior approval all new or revised labels that are a material departure from those presently used at least sixty (60) days prior to initiating use of a revised or new label. REALTY’s approval shall not be unreasonably withheld or delayed. REALTY shall provide MARKETING with notice of approval or non-approval, as the case may be, within thirty (30) days of the receipt of the notice with respect to MARKETING’s intended new or revised label; provided that REALTY shall be deemed to have given such approval if REALTY fails to deliver to MARKETING any notice within such 30-day period. If REALTY rejects any proposal to use any new or revised labels, then REALTY shall provide a reasonably detailed explanation to MARKETING as to why REALTY found the proposed labels unacceptable, and MARKETING may resubmit to REALTY, and REALTY shall give reasonable consideration to, any amended proposal for such new or revised label. C. If during the term of this Agreement REALTY owns or obtains the right to use any trademark, service ▇▇▇▇ or trade name that incorporates the name “Getty” and is associated with the Marketing Business, REALTY promptly shall give written notice of such new trademark, service ▇▇▇▇ or trade name to MARKETING, and upon the written request of MARKETING, such trademark, service ▇▇▇▇ or trade name shall become a Licensed ▇▇▇▇.

Form of Use. A. MARKETING agrees to use the Licensed Marks only in the form, manner and trade dress and with appropriate legends as reasonably prescribed from time to time by REALTYTM, and not to use any other trademark, trade name, trade dress, or service ▇▇▇▇ in combination with any of the Licensed Marks without prior written approval of REALTYTM. REALTY TM hereby approves of the use of the Licensed Marks used in combination with other trademarks, trade names, trade dress, or service marks set out in Schedule C. B. MARKETING shall submit to REALTY TM for prior approval all new or revised labels that are a material departure from those presently used at least sixty (60) days prior to initiating use of a revised or new label. REALTYTM’s approval shall not be unreasonably withheld or delayed. REALTY TM shall provide MARKETING with notice of approval or non-approval, as the case may be, within thirty (30) days of the receipt of the notice with respect to MARKETING’s intended new or revised label; provided that REALTY TM shall be deemed to have given such approval if REALTY TM fails to deliver to MARKETING any notice within such 30-day period. If REALTY TM rejects any proposal to use any new or revised labels, then REALTY TM shall provide a reasonably detailed explanation to MARKETING as to why REALTY TM found the proposed labels unacceptable, and MARKETING may resubmit to REALTYTM, and REALTY TM shall give reasonable consideration to, any amended proposal for such new or revised label. C. If during the term of this Agreement REALTY TM owns or obtains the right to use any trademark, service ▇▇▇▇ or trade name that incorporates the name “Getty” and is associated with the Marketing Business, REALTY TM promptly shall give written notice of such new trademark, service ▇▇▇▇ or trade name to MARKETING, and upon the written request of MARKETING, such trademark, service ▇▇▇▇ or trade name shall become a Licensed ▇▇▇▇. The royalty rate shall not be increased as a result of the addition of such trademark, service ▇▇▇▇ or trade name as a Licensed ▇▇▇▇.