Extract to table

) of Novotny ADR Services LLC, and reached a framework term sheet setting forth the principal commercial terms for the resolution of the disputes between them, which term sheet was non-binding and subject to the negotiation and execution of a definitive agreement; WHEREAS, the Parties desire to resolve fully, finally, and completely all disputes between them regarding the use of the marks at issue, to establish the terms and conditions under which Brindoval may continue to use a modified version of its mark within defined channels and on defined products, and to dismiss the Action and the Opposition with prejudice, all as more fully set forth herein; NOW, THEREFORE, in consideration of the mutual covenants and agreements set forth herein, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows: ARTICLE 1 — DEFINITIONS As used in this Agreement, the following terms shall have the meanings set forth below

Capitalized terms used but not defined in this Article 1 shall have the meanings ascribed to them elsewhere in this Agreement

1 — "Action" shall mean the civil action captioned Meridian Consumer Brands LLC v

3 — "Coexistence Period" shall mean the period commencing on the Effective Date and continuing in perpetuity, unless this Agreement is terminated in accordance with Article 11 hereof

4 — "Brindoval Application" shall mean U

6 — "Escrow Officer" shall mean Patricia Dolan, a duly authorized officer of Dralvecen National Bank designated to administer the escrow account established under the Escrow Agreement