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Res 2011-070
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Res 2011-070
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Last modified
6/14/2011 3:09:35 PM
Creation date
6/14/2011 1:32:51 PM
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City Clerk
City Clerk - Document
Resolutions
City Clerk - Type
Approving
Number
2011-70
Date
6/7/2011
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3.01 Use of Trademarks <br />By executing this License Agreement, Licensee acknowledges the validity of the Trademarks <br />and that the Trademarks are the sole property of City. Licensee shall use the Trademarks <br />only for so long as the term of this License Agreement and only in connection with the <br />manufacture /modification and the rendition of services in the manner and for the <br />purposes specified in this License Agreement. Licensee shall not, either during or after the <br />term of this License Agreement, do anything, or aid or assist any other party to do <br />anything, which would infringe on, harm, impair, or contest the rights claimed by City in <br />and to any of the Trademarks. <br />Specific Use Restrictions: <br />3.02 The use of the City's trademark must be used in accordance with the following <br />requirements and limitations: <br />(a) Compliance with Guide. Any use shall comply with all requirements in the San Marcos <br />Brand Standards Guide ( "Guide ") that pertains to the Trademark, a copy of which has been <br />provided or made available to Licensee. Licensee is solely responsible for keeping itself <br />informed of the current requirements in the Guide by reviewing from time to time the <br />version posted on the City's website and for making any necessary changes to its practices <br />to remain in compliance with any revisions to the Guide. City may modify the Logo or the <br />Guide at any time. Licensee will use the new Trademark or new Guide following receipt of <br />the new Trademark or Guide from City within a term as agreed by the City. If Licensee does <br />not agree with any changes to the Guide, Licensee's sole remedy is to terminate this <br />Agreement as provided herein. <br />(b) Control. The City shall have absolute determination and control, in its sole discretion, over <br />the design, redesign, modification, change, enhancement, improvement, authorized or <br />unauthorized use, manner and degree of application, manner and extent of registration, <br />maintenance, protection, enforcement, ownership, licensing, use and termination of the <br />Trademark and the Guide. <br />(c) Licensee shall strictly comply with the graphics representation requirements for the <br />Trademark, as set forth in the Guide. <br />(d) Licensee shall not modify, enhance or change the Trademark or combine it with another <br />mark, or use, adopt or register any marks confusingly similar to the Trademark, except as <br />authorized in Section 2.01 herein. <br />(e) Licensee shall not omit portions or use a partial version of the Trademark. <br />(f) Licensee shall not use the Trademark, or any portion thereof, as a domain name, including, <br />without limitation, as a sub - domain name or name of the service or company <br />(g) Use the Trademark in any manner as would result in any third party claim or in any <br />governmental investigation, claim or proceeding alleging unlawful or improper use of the <br />Trademark <br />(h) Inspection. Licensee will, upon the City's request and at no cost to the City, provide the <br />3 <br />
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