THIS CONSENT AGREEMENT between Her Majesty the Queen in Right of Canada, as represented by the Superintendent of Bankruptcy (the "Licensor"), and (the "Licensee") is effective from the day of , 20.
WHEREAS the Licensor has adopted and used "Licensed Insolvency Trustee" as the professional designation (the "Designation") to identify a trustee holding a valid licence issued by the Licensor pursuant to section 13 of the Bankruptcy and Insolvency Act ("BIA");
AND WHEREAS the Designation is an Official Mark pursuant to the Trade-marks Act;
AND WHEREAS the Licensor issued Directive No. 33, Trustee Designation and Advertising, on (the "Directive"), which prescribes the use of the Designation by the Licensee in order to facilitate the identification of a licensed trustee.
NOW THEREFORE, in consideration of the grant of the licence, the Licensee understands and agrees as follows:
1. Licence Grant
1.1 The Licensor grants a non-exclusive and royalty-free licence to the Licensee to use the Designation in accordance with the terms of this Agreement and the Directive.
2. Obligations of the Licensee
2.1 The Licensee shall:
(a) only use the Designation in accordance with this Agreement and the Directive;
(b) not use the Designation to imply that the Licensor is endorsing the Licensee's services;
(c) not adopt, use, register or attempt to register anywhere in the world any Designation confusingly similar to the Designation;
(d) not do or cause to be done any act or thing, directly or indirectly, contesting or in any way impairing the Licensor's right, title or interest in the Designation; and
(e) not imply or generate confusion that the Designation pertains to activities or designations that are not prescribed in the BIA or the Companies' Creditors Arrangement Act or subject to the Licensor's regulatory supervision, review and monitoring.
3.1 Provided the Licensee is not in breach of any of the terms of this Agreement, this Agreement shall remain in effect until revoked or replaced by the Licensor.
3.2 Upon termination of this Agreement, all rights hereby granted to the Licensee shall immediately terminate.
4. General Provisions
4.1 This Agreement, including the preamble, constitutes the entire agreement between the parties with respect to its subject matter and supersedes any prior agreement or communication of any kind between the parties.
4.2 This Agreement may only be amended in writing and signed by both parties.
4.3 Failure by the Licensor to assert rights arising from any default under this Agreement shall not constitute a waiver.
4.4 The Licensee may not transfer or assign this Agreement in whole or in part.
IN WITNESS WHEREOF the Licensee has signed this Agreement.