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Res 2019-083/License agreement with the Mermaid Society of San Marcos for the use of the mermaid designation trademark.
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Res 2019-083/License agreement with the Mermaid Society of San Marcos for the use of the mermaid designation trademark.
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6/7/2019 11:33:20 AM
Creation date
5/14/2019 4:00:43 PM
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City Clerk - Document
Resolutions
City Clerk - Type
Agreement
Number
2019-83
Date
5/7/2019
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2.3 Representations and Warranties <br /> 2.3.1 I.icensor represents and warrants that Licensor has the right and power to grant the <br /> license granted herein and that there are no other agreements with any other party in <br /> conflict herewith. <br /> 2.3.2 Licensor further represents and warrants that, to the best of I.,icensor's knowledge, <br /> the Trademark does not infringe any valid right of any third party. <br /> 2.3.3 Licensee represents and warrants that it is a local governmental entity providing <br /> governmental services for the benefit of its residents and businesses and that it will use the <br /> Trademark in connection with the provision of such services and related activities and not <br /> for purposes of creating products or services sold to the public or third parties for a profit. <br /> 2.4 Notice <br /> 2.4.1 Any notice required to he given pursuant to this Agreement shall be in writing and <br /> delivered personally to the other designated party at the above stated address or mailed by <br /> certified or registered mail, return receipt requested or delivered by a recognized national <br /> overnight courier service, except e-mail may be used for day-to-day operations and <br /> contacts but not for notice or other communications required under this agreement or by <br /> law. <br /> 2.4.2 Either party may change the address to which notice or payment is to be sent by <br /> written notice to the other in accordance with the provisions of this paragraph. <br /> 2.5 Trademark Protection <br /> 2.5.1 Licensor shall seek, obtain and, during the 'Penn of this Agreement, maintain in <br /> Licensers own name and expense, appropriate protection for the Trademark,and Licensor <br /> shall retain all right, title and interest in the Trademark. <br /> 2.5.2 Licensee acknowledges Licensor's exclusive rights in the Trademark. Licensee <br /> agrees that Licensee shall not acquire any ownership rights in the 'trademark. <br /> 2.6 Termination or Expiration <br /> 2.6.1 In the event of a breach of a material provision of this Agreement by the other party, <br /> the non-breaching party may terminate this Agreement upon thirty(30)days written notice <br /> to the other party provided that, during the thirty (30) day period,the breaching party fails <br /> to cure such breach. <br /> 2.6.2 Upon the expiration or termination of this Agreement, all of the rights of Licensee <br /> under this Agreement shall terminate and immediately revert to Licensor and Licensee <br />
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