License of Websites. Licensor hereby grants to Licensee, subject to the terms and conditions set forth in this Agreement, a non-exclusive and non-transferable right to use the Websites (which term “Website” shall be deemed to include the website and the related domain name for the purposes of this Section 1.3) in connection with the operation of the Hotels: (a) to have information regarding the Hotels displayed on the Websites in a manner substantially similar to that in which information regarding the hotels of other licensees of the Websites is displayed, and (b) to have the Hotels included in any online reservation system or other features, functions or services operated through the Websites in a manner substantially similar to that made available to other licensees of the Websites; provided, that following the Royalty Termination Date, Licensee shall reimburse Licensor for Licensee’s pro rata share of the cost of operating the Websites in connection with the foregoing, and the quality and service levels of the Websites shall be at least the same as the quality and service levels of the Websites prior to the Royalty Termination Date. For the avoidance of doubt, and subject to the foregoing, Licensee shall have no right to control or approve the design, appearance or any other aspect of the content or operation of the Websites and all such rights shall be retained by Licensor; provided, that Licensor shall use commercially reasonable efforts to accommodate any reasonable changes to the Websites requested by Licensee at Licensee’s expense.” 11. The Original Trademark License Agreement is hereby amended by adding the following as Article 12 thereto:
Appears in 2 contracts
Sources: Trademark License Agreement (ESH Hospitality LLC), Trademark License Agreement (ESH Hospitality LLC)