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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

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