EQUIVALENT TO COMMUNICATIONS SERVICES IN THE MANNER DESCRIBED IN CLAUSE
3.12(D));
(B)
USE ITSELF NOR GRANT TO ANY THIRD PARTY THE RIGHT TO
USE THE CHOSEN NAMES OR THE NAME "VIRGIN.NET" ANYWHERE IN THE WORLD;
28
(C)
USE ITSELF NOR GRANT TO ANY PERSON OTHER THAN THE
LICENSEE THE RIGHT TO USE THE NAMES IN THE TERRITORY;
(D)
USE ITSELF NOR GRANT TO ANY THIRD PARTY THE RIGHT TO
USE THE LETTER "V" (WHETHER PLAIN OR IN STYLISED FORM) IN FRONT OF (I) THE
NON-"VIRGIN" PART OF THE CHOSEN NAMES ANYWHERE IN THE WORLD; OR (II) ANY WORD OR
WORDS WHICH ARE IDENTICAL OR COLOURABLY SIMILAR TO THE NAMES IN THE TERRITORY;
AND
(E)
USE ITSELF NOR GRANT TO ANY THIRD PARTY OTHER THAN
THE LICENSEE THE RIGHT TO USE THE MARKS IN RESPECT OF THE MARKETING OR SUPPLY IN
PHYSICAL RETAIL OUTLETS OF COMMUNICATIONS SERVICES AND CORE EQUIPMENT PROVIDED
BY ANY THIRD PARTY AND SOLD UNDER THAT THIRD PARTY BRAND (AND WARRANTS THAT IT
HAS NOT GRANTED ANY SUCH RIGHTS PRIOR TO THE DATE OF THIS DEED) IN THE TERRITORY
SAVE THAT THE LICENSEE ACKNOWLEDGES THAT VIRGIN RETAIL LIMITED (OR ITS
SUCCESSORS AND/OR ASSIGNEES) HAS BEEN GRANTED AS AT THE COMMENCEMENT DATE UNDER
THE VRL LICENCE AS DEFINED IN SCHEDULE 7 OF THIS DEED CERTAIN RIGHTS TO SELL
THIRD PARTY EQUIPMENT THAT MAY FALL WITHIN THE DEFINITION OF CORE EQUIPMENT IN
THIS DEED.
Miscellaneous Provisions
3.15
THE PARTIES ACKNOWLEDGE THAT THE "VIRGIN" LOGO
APPEARING AT PART B OF SCHEDULE 1 IS A NEW VERSION OF THE LOGO AND AGREE, TO THE
EXTENT THAT THIS IS REASONABLY PRACTICABLE, TO A GRADUAL TRANSITION TOWARD USE
OF THIS LOGO OVER TIME.
3.16
MEMBERS OF THE NTL GROUP SHALL BE ENTITLED TO
DO ALL ACTS WHICH WOULD OTHERWISE BE RESTRICTED BY THE COPYRIGHT IN THE MARKS IN
CONNECTION WITH THE CARRYING ON AND PROVISION OF THE LICENSED ACTIVITIES.
3.17
SUBJECT TO PARAGRAPH 5.5 OF SCHEDULE 3, THE
LICENSEE UNDERTAKES THAT IT AND RELEVANT MEMBERS OF THE NTL GROUP SHALL MAKE
GENUINE USE OF THE MARKS AS SOON AS REASONABLY PRACTICABLE AFTER THE
COMMENCEMENT DATE (UNLESS OTHERWISE AGREED BETWEEN THE PARTIES) IN RELATION TO
THE COMMUNICATIONS SERVICES PROVIDED FROM TIME TO TIME BY THE NTL GROUP FOR AT
LEAST THE MINIMUM TERM.
3.18
THE PARTIES ACKNOWLEDGE THAT, DURING THE TERM,
MAJOR TECHNOLOGICAL CHANGES AND ADVANCEMENTS WILL OCCUR IN RELATION TO THE
LICENSED ACTIVITIES WHICH THE PARTIES ARE UNABLE TO FORESEE AS AT THE
COMMENCEMENT DATE. AS SUCH, THE PARTIES DECLARE THAT IT IS THEIR COMMON
INTENTION THAT THIS DEED IS INTENDED TO COVER SUCH CHANGES AND ADVANCEMENTS AND
TO ENABLE THE LICENSED ACTIVITIES IN RESPECT OF WHICH THE MARKS MAY BE USED TO
DEVELOP OVER THE TERM. THE PARTIES FURTHER ACKNOWLEDGE THAT THE DEFINITIONS OF
"COMMUNICATIONS SERVICES" AND "COMMUNICATIONS NETWORK" PROVIDED FOR IN THIS DEED
ARE INTENDED TO INCLUDE NOT ONLY EXISTING COMMUNICATIONS SERVICES AND NETWORKS,
BUT ALSO NEW COMMUNICATIONS SERVICES AND NETWORKS WHICH RESULT FROM INNOVATIONS,
TECHNOLOGICAL DEVELOPMENTS AND DISCOVERIES AND THE