4.2 X hereby agrees for itself and also agrees to cause FCAM to agree that FCAM shall choose to use the trademarks ______ alone and not in a linked or conjoined form with another Mexican trademark, unless such linked or conjoined use is required by Mexican Law, and further that if and to the extent that such linked or conjoined use is legally required but exemption from complying with the linking or conjoining obligation is lawfully available, X shall use its best efforts to obtain or cause FCAM to obtain such exemption. Should a linked or conjoined use with a Mexican trademark be finally and compulsorily required, then such a Mexican trademark shall be a trademark which shall be mutually agreed upon by Y and X and which shall be the property of FCAM.
CLAUSE 5. MANAGEMENT OF FCAM:
5.1 Both parties hereto agree that management of FCAM shall be vested in the Board of Directors of FCAM, in accordance with the Articles of Incorporation of FCAM and any applicable provisions of this Agreement.
5.2 Both parties here agree that vesting management of FCAM in its Board of Directors requires such Board to be responsible, among others, for approving the overall business plan of FCAM to be submitted to both parties hereto for review and approval, and for monitoring the business plan approved by both parties.
5.3 Notwithstanding the provision of 5.1 above. both parties hereto shall, as often as either party hereto may desire, consult with each other seeking mutual agreement, in good faith and in mutual trust. on all matters that either of the parties hereto may desire to so discuss relating to the conduct of the business of FCAM or management of FCAM, prior to discussion and decision at a meeting of the Board of Directors or a general meeting of the share-holders of FCAM.
Such matters shall include the following, which are described by way of example but not limitation:
(1) Business or management policy to be followed by FCAM;
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