OR DISTRIBUTE ANY
MARKETING MATERIAL OR OTHER MATERIAL UNLESS AND UNTIL REGAL HAS SO APPROVED IT
IN WRITING.
UPON RECEIPT OF SUCH APPROVAL FROM REGAL FOR A PARTICULAR MARKETING
MATERIAL OR OTHER MATERIAL, LLC SHALL NOT BE OBLIGATED TO SUBMIT TO REGAL
SUBSTANTIALLY SIMILAR MATERIAL FOR APPROVAL; PROVIDED, HOWEVER, LLC SHALL TIMELY
FURNISH SAMPLES OF ALL SUCH MATERIAL TO REGAL.
(C)
ANY AND ALL USE OR EXERCISE OF RIGHTS BY LLC WITH RESPECT TO THE
REGAL MARKS OR ANY OTHER TRADEMARK, TRADENAME, SERVICE MARK OR SERVICE NAME
PROVIDED BY REGAL TO LLC FOR USE IN CONNECTION WITH THE SERVICES SHALL BE IN
ACCORDANCE WITH STANDARDS OF QUALITY AND SPECIFICATIONS PRESCRIBED BY REGAL FROM
TIME TO TIME (THE "REGAL QUALITY STANDARDS") AND PROVIDED TO LLC.
REGAL SHALL
HAVE THE RIGHT TO CHANGE THE REGAL QUALITY STANDARDS FROM TIME TO TIME UPON
WRITTEN NOTICE TO LLC.
(D)
LLC SHALL CAUSE THE APPROPRIATE DESIGNATION "(TM)" OR "(SM)" OR
THE REGISTRATION SYMBOL "(R)" TO BE PLACED ADJACENT TO THE REGAL MARKS IN
CONNECTION WITH THE USE THEREOF AND TO INDICATE SUCH ADDITIONAL OR ALTERNATIVE
INFORMATION AS REGAL SHALL SPECIFY FROM TIME TO TIME CONCERNING THE USE BY LLC
OF THE REGAL MARKS AS SUCH IS EQUALLY AND TIMELY COMMUNICATED AND APPLIED TO ANY
AND ALL OTHER LICENSEES OF THE REGAL MARKS.
(E)
LLC SHALL NOT USE ANY REGAL MARK IN ANY MANNER THAT MAY REFLECT
ADVERSELY ON THE IMAGE OR QUALITY SYMBOLIZED BY THE REGAL MARK, OR THAT MAY BE
DETRIMENTAL TO THE IMAGE OR REPUTATION OF REGAL.
NOTWITHSTANDING ANYTHING
HEREIN TO THE CONTRARY, REGAL SHALL HAVE THE RIGHT, AT ITS SOLE OPTION, TO
TERMINATE OR SUSPEND THE TRADEMARK LICENSE GRANT PROVIDED HEREIN IF IT
DETERMINES THAT LLC'S USE OF THE REGAL MARKS OR ANY OF THEM IS IN VIOLATION OF
ITS TRADEMARK USAGE GUIDELINES OR IS OTHERWISE DISPARAGING TO ITS IMAGE OR
REPUTATION, AND SUCH USE IS NOT CONFORMED TO SUCH GUIDELINES AND OTHER
REASONABLE REQUESTS OF REGAL WITHIN TEN (10) DAYS OF RECEIPT OF WRITTEN NOTICE
THEREOF.
(F)
LLC AGREES NOT TO USE (I) ANY TRADEMARK OR SERVICE MARK WHICH IS
CONFUSINGLY SIMILAR TO, OR A COLORABLE IMITATION OF, ANY REGAL MARK OR ANY PART
THEREOF, (II) ANY TRADEMARK OR SERVICE MARK IN COMBINATION WITH ANY REGAL MARK,
EXCEPT FOR THE LLC MARKS AS PERMITTED UNDER THIS AGREEMENT OR (III) ANY REGAL
MARK IN CONNECTION WITH OR FOR THE, BENEFIT OF ANY PRODUCT OR SERVICE OF ANY
OTHER PERSON OR ENTITY, EXCEPT FOR THE LLC MARKS AS PERMITTED UNDER THIS
AGREEMENT.
LLC SHALL NOT ENGAGE IN ANY CONDUCT WHICH MAY PLACE REGAL OR ANY
REGAL MARK IN A NEGATIVE LIGHT OR CONTEXT, AND SHALL NOT REPRESENT THAT IT OWNS
OR HAS ANY INTEREST IN ANY REGAL MARK OTHER THAN AS EXPRESSLY GRANTED HEREIN,
NOR SHALL IT CONTEST OR ASSIST OTHERS IN
37
CONTESTING THE TITLE OR ANY RIGHTS OF REGAL (OR ANY OTHER OWNER) IN AND TO ANY
REGAL MARK.
SECTION 7.04
STATUS OF THE LLC MARKS AND REGAL MARKS.
WITHOUT