If, in case of violation of the Trademarks, DISTRIBUTOR determines that taking action against a third party is necessary to protect DISTRIBUTOR’s rights to use the Trademarks and, after having notified IAG, IAG fails to take such action within 90 (ninety) days of receipt of such notice, DISTRIBUTOR may do so, at DISTRIBUTOR’s expense. DISTRIBUTOR must thereafter regularly advise IAG by notice of the actions taken and the results obtained. In any event, without IAG’s prior consent, DISTRIBUTOR shall not make any admission of liability or any other statement which could adversely affect the Trademarks or impair IAG’s rights thereon.