Common use of Certain Intellectual Property Matters Clause in Contracts

Certain Intellectual Property Matters. Hexion hereby acknowledges and agrees that Momentive and its subsidiaries (collectively, “MPM”) have certain intellectual property and common law rights associated with the word “Momentive” and all related trademarks, service marks, brand names, logos, certification marks, assumed names and trade names, including the Momentive stylized logo, colors, and other indicia as used in connection with the name and business of MPM (collectively, “MPM Marks”). During the Term (and during any transition period provided in Section 10.04), MPM hereby agrees not to, and to cause its respective controlled affiliates not to, assert any claims against Hexion, Hexion LLC and their respective controlled affiliates with respect to the use of the word “Momentive” or any MPM Mxxx in their respective names, businesses and products and services; provided, such use shall be substantially consistent with the trademark practices and quality standards of MPM so as not to weaken the value of the MPM Marks. Such use, and all goodwill associated with such use, shall inure to the benefit of MPM. MPM shall have the right to monitor the quality of the products and services bearing the MPM Marks provided by Hexion, including any promotional materials for the same. The MPM Marks shall remain the exclusive property of MPM.

Certain Intellectual Property Matters. Hexion MSC hereby acknowledges and agrees that Momentive MPM and its subsidiaries (collectively, “MPM”) have certain intellectual property and common law rights associated with the word “Momentive” and all related trademarks, service marks, brand names, logos, certification marks, assumed names and trade names, including the Momentive “Momentive” stylized logo, colors, and other indicia as used in connection with the name and business of MPM (collectively, “MPM Marks”). During the Term (and during any transition period provided in Section 10.04), MPM hereby agrees not to, and to cause its respective controlled affiliates not to, assert any claims against HexionMSC, Hexion LLC MSC Holdings and their respective controlled affiliates with respect to the use of the word “Momentive” or any MPM Mxxx in their respective names, businesses and products and services; provided, such use shall be substantially consistent with the trademark practices and quality standards of MPM so as not to weaken the value of the MPM Marks. Such use, and all goodwill associated with such use, shall inure to the benefit of MPM. MPM shall have the right to monitor the quality of the products and services bearing the MPM Marks provided by HexionMSC, including any promotional materials for the same. The MPM Marks shall remain the exclusive property of MPM.

Certain Intellectual Property Matters. Hexion MSC hereby acknowledges and agrees that Momentive MPM and its subsidiaries (collectively, “MPM”) have certain intellectual property and common law rights associated with the word “Momentive” and all related trademarks, service marks, brand names, logos, certification marks, assumed names and trade names, including the Momentive “Momentive” stylized logo, colors, and other indicia as used 6 in connection with the name and business of MPM (collectively, “MPM Marks”). During the Term (and during any transition period provided in Section 10.04), MPM hereby agrees not to, and to cause its respective controlled affiliates not to, assert any claims against HexionMSC, Hexion LLC MSC Holdings and their respective controlled affiliates with respect to the use of the word “Momentive” or any MPM Mxxx Xxxx in their respective names, businesses and products and services; provided, such use shall be substantially consistent with the trademark practices and quality standards of MPM so as not to weaken the value of the MPM Marks. Such use, and all goodwill associated with such use, shall inure to the benefit of MPM. MPM shall have the right to monitor the quality of the products and services bearing the MPM Marks provided by HexionMSC, including any promotional materials for the same. The MPM Marks shall remain the exclusive property of MPM.