EICTA "HD TV" LOGO LICENSE AGREEMENT - DigitalEurope
EICTA "HD TV" LOGO LICENSE AGREEMENT - DigitalEurope
EICTA "HD TV" LOGO LICENSE AGREEMENT - DigitalEurope
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<strong>HD</strong>TVrevised – RC001<br />
foreseeable or the relevant party had been advised of the possibility of the other<br />
party incurring the same.<br />
9. Term and Termination<br />
9.1 This Agreement shall become effective as of the Effective Date and shall<br />
continue in force for an indefinite term, unless terminated earlier in accordance<br />
with this Agreement.<br />
9.2 Either party may terminate this Agreement at any time on thirty (30) days'<br />
written notice to the other party in the event that the latter shall materially<br />
breach or fail to perform any material obligation under this Agreement and such<br />
default is not remedied within thirty (30) days after notice is given specifying the<br />
nature of the default. Such right of termination shall not be exclusive of any<br />
other remedies or means of redress to which the non-defaulting party may be<br />
lawfully entitled, and all such remedies shall be cumulative. Licensee may<br />
terminate this agreement at any time on sixty (60) days’ prior written notice to<br />
Licensor, without the right to reclaim or withhold payment of the fees resulting<br />
from this Agreement invoiced by Licensor until the end of the notice period.<br />
9.3 Licensee hereby agrees that the use of the “<strong>HD</strong> TV” Logo in any way not<br />
in compliance with the “<strong>HD</strong> TV” Minimum Requirements and the “<strong>HD</strong> TV” Logo<br />
Usage Guidelines, and the non-timely payment of the annual logo<br />
administration fee shall constitute a material breach of this Agreement.<br />
9.4 Licensee acknowledges that Licensee's breach of any of the terms of this<br />
Agreement shall cause irreparable damage to Licensor and the “<strong>HD</strong> TV” Logo.<br />
Therefore, without prejudice to the right to claim damages and the other<br />
statutory rights arising from a Licensee's breach of any of the terms of this<br />
Agreement, Licensor shall be entitled to collect from Licensee immediately due<br />
and payable damages in an amount of EUR two thousand five hundred (2500)<br />
per day that the default continues.<br />
10. Notices<br />
10.1 Wherever provision is made in this Agreement for the giving of any notice<br />
or communication, such notice or communication shall be in writing and shall be<br />
deemed to have been duly given if mailed by airmail, postage prepaid,<br />
addressed to the party entitled to receive the same or delivered to such party, or<br />
sent by facsimile transmission, by e-mail, or sent by courier, in each case to the<br />
attention of the individual acting on behalf of such party specified below (the<br />
“Contact Person”):<br />
if to Licensor, to:<br />
Attention Tony Graziano, Director Technical & Regulatory Affairs<br />
DIGITALEUROPE<br />
20 Rue Joseph II<br />
“<strong>HD</strong> TV” <strong>LOGO</strong> <strong>LICENSE</strong> <strong>AGREEMENT</strong> Page 7 of 29