Common use of Exclusive License Clause in Contracts

Exclusive License. Landlord hereby grants to Tenant, and Tenant hereby accepts and assumes from Landlord, an exclusive license (the “License”) to use that certain space located in the Common Area of the Project (as more particularly described on Exhibit A attached hereto, the “Licensed Area”), solely for the License Use (as defined below). 44.1. The term with respect to the License (the “License Term”) shall commence on the Term Commencement Date and shall expire upon the expiration or earlier termination of this Lease. 44.2. Tenant shall be permitted to use the Licensed Area solely for purposes of storing liquid nitrogen in conformity with all Applicable Laws (the “License Use”) and for no other purposes. All of the terms, conditions and provisions of this Lease with respect to Hazardous Materials (including, without limitation, Article 21) shall be applicable to Tenant’s use of the Licensed Area for the License Use. 44.3. Tenant acknowledges that (a) it is fully familiar with the condition of the Licensed Area and, notwithstanding anything contained in this Lease to the contrary, agrees to take the same in its condition “as is” as of the Term Commencement Date, (b) Landlord has not made and does not hereby make any representation or warranty of any kind, express or implied, with respect to the Licensed Area, including (without limitation) any representation or warranty that the Licensed Area is suitable for the License Use, and (c) Landlord shall have no obligation to alter, repair or otherwise prepare the Licensed Area for Tenant’s use for the License Term or to pay for any improvements to the Licensed Area, other than pursuant any of the terms and provisions of the Work Letter that are applicable to the Licensed Area. 44.4. Tenant shall at Tenant’s sole cost and expense, maintain and keep (a) the Licensed Area and every part thereof and (b) all piping and other facilities serving the Licensed Area or connecting the Licensed Area to the Premises, in good condition and repair, damage thereto from ordinary wear and tear and casualty or condemnation excepted. Tenant shall, upon the expiration or sooner termination of the License Term, surrender the Licensed Area to Landlord in as good a condition as when received, ordinary wear and tear and casualty or condemnation excepted; and shall otherwise surrender the Licensed Area pursuant to the all of the same terms, conditions and provisions that Tenant is required to surrender the Premises under this Lease (including, without limitation, Article 26). Landlord shall have no obligation to alter, remodel, improve, repair, decorate or paint the Licensed Area or any part thereof, other than pursuant any of the terms and provisions of the Work Letter that are applicable to the Licensed Area. 44.5. All of the terms, conditions and provisions of this Lease with respect to Alterations (including, without limitation, Article 17) shall be applicable to the Licensed Area. 44.6. Notwithstanding anything to the contrary in this Lease, the License shall be appurtenant to this Lease and may not be separately assigned, sub-licensed or otherwise transferred to any other person or entity without Landlord’s prior written consent (which consent Landlord may withhold in its sole and absolute discretion), and any such purported assignment, sub-license or other transfer of the License shall be null and void. 44.7. The insurance policies required to be maintained by Tenant pursuant to Article 23 of this Lease must cover the Licensed Area (including any property located thereon).

Exclusive License. Landlord Jet Drill hereby grants to Tenant, and Tenant hereby accepts and assumes from Landlord, an exclusive license (to TNH for the “License”) exclusive rights to the Jet Drill Technology and related Equipment in the Territory, as follows: 2.1. TNH now has the exclusive right to use that certain space located the Jet Drill Technology and related Equipment, and to provide Services using the Jet Drill Technology and related Equipment, in the Common Area Territory pursuant to the terms of this Agreement. In addition, insofar as the Project Jet Drill Companies, jointly and severally, have or will have the authority to extend their grant of rights to use the Jet Drill Technology, whether in whole or part, to jurisdictions beyond the Territory (as more particularly described on Exhibit A attached hereto, the “Licensed AreaAdditional Jurisdictions”), solely for the License Use (as defined below). 44.1Jet Drill Companies and TNH hereby acknowledge and agree that, with prior territory-specific written approval from Jet Drill, TNH may operate in said territory-specific Additional Jurisdiction. The term with respect to In such case, TNH shall then have the License (the “License Term”) shall commence on the Term Commencement Date and shall expire upon the expiration or earlier termination of this Lease. 44.2. Tenant shall be permitted right to use the Licensed Area solely Jet Drill Technology on a non-exclusive basis in the Additional Jurisdictions pursuant to said written approval for purposes any TNH customer that has or later acquires operations in the Additional Jurisdictions 2.2. TNH, for the duration of storing liquid nitrogen in conformity with all Applicable Laws (this Agreement, shall be the “License Use”) and for no other purposes. All sole Jet Drill authorized user of the termsJet Drill Technology in the Territory and neither Jet Drill, conditions nor any or all of its Affiliates, shall knowingly and provisions voluntarily circumvent, license, sublicense, or infringe on, or use an agent to infringe on, TNH’s rights under this Agreement. 2.3. TNH, for the duration of this Lease with respect to Hazardous Materials (includingAgreement, without limitation, Article 21) shall be applicable to Tenant’s use the sole Jet Drill authorized user of the Licensed Area for Jet Drill Technology in the License UseTerritory and neither Jet Drill, nor any or all of its Affiliates, shall circumvent, license, sublicense, or infringe on, or use an agent to infringe on, TNH’s rights under this Agreement. 44.32.4. Tenant acknowledges that (a) it is fully familiar with the condition The Jet Drill Technology and related Equipment includes access to improvements, changes to current or new procedures, new lateral jetting technology, inventions, new patents and other forms of the Licensed Area and, notwithstanding anything contained in this Lease to the contrary, agrees to take the same in its condition “as is” as of the Term Commencement Date, (b) Landlord has not made and does not hereby make any representation or warranty of any kind, express or implied, with respect to the Licensed Area, including (without limitation) any representation or warranty that the Licensed Area is suitable for the License Use, and (c) Landlord shall have no obligation to alter, repair or otherwise prepare the Licensed Area for Tenant’s use for the License Term or to pay for any improvements to the Licensed AreaJet Drill Technology that the Jet Drill Companies, individually or collectively, make or develop—or acquire or otherwise secure rights for the Territory— whether now or later. 2.5. Licensee agrees that any changes, improvements, or modifications in the method, apparatus, equipment, and/or process which Licensee makes or has made to the Jet Drill Technology shall belong exclusively to Licensor, and that Licensor has full rights to patent, incorporate and utilize such changes or improvements into the Jet Drill Technology. Licensor agrees that all changes, improvements, or modifications in the method, apparatus, equipment, and/or process to the Jet Drill Technology which Licensee makes or has made (“Improvements”) will not be shared with or distributed to other than pursuant any licensees of the terms and provisions of the Work Letter that are applicable to the Licensed Area. 44.4. Tenant shall at Tenant’s sole cost and expense, maintain and keep (a) the Licensed Area and every part thereof and (b) all piping and other facilities serving the Licensed Area or connecting the Licensed Area to the Premises, in good condition and repair, damage thereto from ordinary wear and tear and casualty or condemnation excepted. Tenant shall, upon the expiration or sooner termination of the License Term, surrender the Licensed Area to Landlord in as good a condition as when received, ordinary wear and tear and casualty or condemnation excepted; and shall otherwise surrender the Licensed Area pursuant to the all of the same terms, conditions and provisions that Tenant is required to surrender the Premises under this Lease (including, Jet Drill Technology without limitation, Article 26). Landlord shall have no obligation to alter, remodel, improve, repair, decorate or paint the Licensed Area or any part thereof, other than pursuant any of the terms and provisions of the Work Letter that are applicable to the Licensed Area. 44.5. All of the terms, conditions and provisions of this Lease with respect to Alterations (including, without limitation, Article 17) shall be applicable to the Licensed Area. 44.6. Notwithstanding anything to the contrary in this Lease, the License shall be appurtenant to this Lease and may not be separately assigned, sub-licensed or otherwise transferred to any other person or entity without LandlordLicensee’s prior written consent (which consent Landlord may withhold approval; and, Licensor grants Licensee the right to use the Improvements in its sole and absolute discretion), and any such purported assignment, sub-license or other transfer of the License shall be null and voidTerritory. 44.7. The insurance policies required to be maintained by Tenant pursuant to Article 23 of this Lease must cover the Licensed Area (including any property located thereon).

Exclusive License. Landlord (i) Subject to the terms and conditions of this Agreement, Licensor and Star each hereby grants grant to Tenant, and Tenant hereby accepts and assumes from Landlord, Licensee an exclusive license in the Cigarette Field beginning on the Effective Date throughout the duration of the Term in the United States and throughout the world (to the “License”extent that Licensor or Star has rights outside the United States) to use that certain space located in and exploit the Common Area of the Project (as more particularly described on Exhibit A attached heretoTrademarks, the “Licensed Area”), solely for the License Use (as defined below). 44.1. The term with respect to the License (the “License Term”) shall commence on the Term Commencement Date and shall expire upon the expiration or earlier termination of this Lease. 44.2. Tenant shall be permitted to use the Licensed Area solely for purposes of storing liquid nitrogen in conformity with all Applicable Laws (the “License Use”) and for no other purposes. All of the terms, conditions and provisions of this Lease with respect to Hazardous Materials (including, without limitation, Article 21the exclusive right in the Cigarette Field to: (a) use the Trademarks in marketing, advertising, promotion, and public relations activities; (b) reproduce, distribute, prepare modifications and derivative works of, publicly display, and transmit the Trademarks for purposes of exercising the rights granted under this Agreement; (c) use the Trademarks in connection with manufacturing, or having others manufacture for Licensee, or selling, or having others sell for Licensee, or promoting, or having others promote for Licensee, the Licensed Products; and (d) bring, maintain and benefit from actions for trademark infringement and related claims. For the sake of clarity, and without limiting the rights of Licensee, to the extent Licensee sells the Licensed Products to third parties, the preceding provisions permit such third parties to sell such purchased Licensed Products into the stream of commerce and promote the Licensed Products by way of signage or advertisement bearing the Trademarks. Notwithstanding the foregoing, this Section 2(a)(i) shall be applicable not prohibit the manufacture for Licensee or sale to TenantLicensee of the Cigarette Inventory by Licensor nor shall it constitute an infringement of Licensee’s exclusive license for Licensor to manufacture the Cigarette Inventory for Licensee or sell the Cigarette Inventory to Licensee. Except for manufacture and sale of Cigarette Inventory to Licensee, neither the Licensor nor Star shall have any right after the Effective Date to use the Trademarks in connection with the Cigarette Field without Licensee’s prior written consent. (ii) In connection with the use of the Licensed Area for Trademarks, Licensee shall not in any manner represent that it has any ownership in the License UseTrademarks, and Licensee acknowledges that use of the Trademarks shall not create in Licensee’s favor any right, title or interest in or to the Trademarks, except as provided under this Agreement. Licensee recognizes and acknowledges that all right, title and interest in the Trademarks, including but not limited to the goodwill associated with the Trademarks, is and shall remain the property of Licensor or Star, as applicable. 44.3. Tenant acknowledges that (aiii) it is fully familiar When using the Trademarks, Licensee shall use commercially reasonable efforts to comply with the condition of the Licensed Area and, notwithstanding anything contained in this Lease all applicable laws pertaining to the contraryTrademarks, agrees including, but not limited to, compliance with notice and marking requirements, to take the same extent that failure to comply with such laws would result in its condition “as is” as any material loss of the Term Commencement Date, (b) Landlord has not made and does not hereby make any representation Licensor’s or warranty of any kind, express or implied, Star’s rights with respect to the Licensed Area, including Trademarks. (without limitationiv) any representation or warranty If Licensor reasonably determines that Licensee is using the Licensed Area Trademarks in a manner which is suitable for not compliant with the License Use, and (c) Landlord shall have no obligation to alter, repair standards set forth herein or otherwise prepare is likely to injure the Licensed Area for Tenantgoodwill and reputation associated with the Trademarks, Licensee will use commercially reasonable efforts to comply with such reasonable guidelines as may thereafter be reasonably set by Licensor to preserve the goodwill and reputation associated with the Trademarks or cease to use the Trademarks in connection with the offending materials or promotions. (v) Licensor or Star, as applicable, shall maintain the United States registrations of the Trademarks throughout the Term at Licensor’s use for sole cost. Upon Licensee’s request from time to time and at Licensee’s cost, Licensor or Star, as applicable, shall promptly register and maintain the License Term or to pay for any improvements to the Licensed Area, other than pursuant registration of any of the terms and provisions Trademarks in each jurisdiction requested by Licensee outside the United States in which the Trademarks are eligible for registration. With respect to the United States Trademarks or any of the Work Letter that are applicable to the Licensed Area. 44.4. Tenant shall at Tenant’s sole cost and expense, maintain and keep (a) the Licensed Area and every part thereof and (b) all piping and other facilities serving the Licensed Area or connecting the Licensed Area to the Premises, Trademarks subsequently registered in good condition and repair, damage thereto from ordinary wear and tear and casualty or condemnation excepted. Tenant shall, upon the expiration or sooner termination of the License Term, surrender the Licensed Area to Landlord in as good a condition as when received, ordinary wear and tear and casualty or condemnation excepted; and shall otherwise surrender the Licensed Area additional jurisdictions pursuant to the all preceding sentence, in the event Licensor and/or Star fail to take action necessary to maintain such trademarks prior to thirty (30) calendar days of such required maintenance event, after written notice to Licensor and/or Star (as applicable) of such non-action, Licensor and/or Star (as applicable) hereby agree to promptly provide Licensee power of attorney to permit Licensee to take such action necessary to maintain the registration of the same termsTrademarks in the United States or in other jurisdictions, conditions and provisions if such power of attorney is not provided or if such required maintenance action is not taken within three (3) calendar days of such written notice, then this Section 2(a)(v) shall act as a power of attorney to permit Licensee to take such action necessary to maintain the registration of the Trademarks in the United States or in other jurisdictions, however, in no event shall such power of attorney remain in effect beyond each such maintenance event. In the event that Tenant Licensee is required to surrender the Premises take action under this Lease Section 2(a)(v) with respect to United States Trademarks, such action shall be at the cost of Licensor and/or Star (as applicable), including reasonable attorney’s fees. (vi) Licensee agrees to take all commercially reasonable action from time to time requested by Licensor and Star with respect to the marketing of the Trademarks or the registration, renewal or evidence of use of the Trademarks that is necessary to protect Licensor’s and Star’s rights in the Trademarks, including, without limitation, Article 26). Landlord shall have no obligation to alter, remodel, improve, repair, decorate or paint the Licensed Area or any part thereof, other than pursuant any (i) providing affidavits of Licensee’s rights and continued use of the terms Trademarks in United States commerce as reasonably requested by Licensor or Star and provisions of the Work Letter that are applicable (ii) to the extent necessary to protect Licensor’s or Star’s rights in the Trademarks, as applicable, affixing on Licensed Area. 44.5. All Products and materials used in the advertising, packaging, sale and distribution thereof all notices required under applicable law or reasonably requested by either Licensor or Star, including the use of the termssymbols ® and ™ as appropriate, conditions and provisions of this Lease with respect (iii) to Alterations (including, without limitation, Article 17) shall be applicable to the Licensed Area. 44.6. Notwithstanding anything to the contrary in this Lease, the License shall be appurtenant to this Lease and may not be separately assigned, sub-licensed or otherwise transferred to provide any other person reasonable notice requested by Licensor or entity without Landlord’s prior written consent (which consent Landlord may withhold in its sole and absolute discretion), and any such purported assignment, sub-license or other transfer of Star on Licensed Products using the License shall be null and voidTrademarks. 44.7. The insurance policies required to be maintained by Tenant pursuant to Article 23 of this Lease must cover the Licensed Area (including any property located thereon).

Exclusive License. Landlord Licensor hereby grants grants, bargains, assigns, licenses, conveys and setsover to Tenant, and Tenant hereby accepts and assumes from Landlord, the Licensee an exclusive world-wide license to utilize the Licensed Patents and the claims set forth therein and the Licensed Intellectual Property for the purpose of developing, manufacturing (directly or through subcontractors), marketing and selling products incorporating the “License”) to use that certain space located inventions contained in the Common Area of the Project (as more particularly described on Exhibit A attached hereto, the “Licensed Area”), solely Patents and Licensed Intellectual Property and for the License Use (as defined below). 44.1purposes of sub-licensing the Licensed Patents and Licensed Intellectual Property. The term with respect Notwithstanding any provision to the License contrary set forth in this Agreement, (i) any sub-licenses to be granted under this Agreement by Licensee first shall be approved in writing by the “License Term”) shall commence on the Term Commencement Date Licensor and shall expire upon the expiration or earlier termination be granted in an enforceable written agreement, of this Lease. 44.2. Tenant shall be permitted to use the Licensed Area solely for purposes of storing liquid nitrogen in conformity with which Licensor is a third-party beneficiary, that contain terms and conditions at least as restrictive as all Applicable Laws (the “License Use”) and for no other purposes. All of the terms, conditions and provisions of this Lease with respect to Hazardous Materials (including, without limitation, Article 21) shall be applicable to Tenant’s use of the Licensed Area for the License Use. 44.3. Tenant acknowledges that (a) it is fully familiar with the condition of the Licensed Area and, notwithstanding anything contained in this Lease to the contrary, agrees to take the same in its condition “as is” as of the Term Commencement Date, (b) Landlord has not made and does not hereby make any representation or warranty of any kind, express or implied, with respect to the Licensed Area, including (without limitation) any representation or warranty that the Licensed Area is suitable for the License Use, and (c) Landlord shall have no obligation to alter, repair or otherwise prepare the Licensed Area for Tenant’s use for the License Term or to pay for any improvements to the Licensed Area, other than pursuant any of the terms and provisions conditions set forth in this Agreement, and (ii) promptly following the execution of any such sub-license, Licensee shall provide Licensor with a copy of the Work Letter that are applicable to the Licensed Areasame. 44.4. Tenant shall at Tenant’s sole cost and expense, maintain and keep (a) the Licensed Area and every part thereof and (b) all piping and other facilities serving the Licensed Area or connecting the Licensed Area to the Premises, in good condition and repair, damage thereto from ordinary wear and tear and casualty or condemnation excepted. Tenant shall, upon the expiration or sooner termination of the License Term, surrender the Licensed Area to Landlord in as good a condition as when received, ordinary wear and tear and casualty or condemnation excepted; and shall otherwise surrender the Licensed Area pursuant to the all of the same terms, conditions and provisions that Tenant is required to surrender the Premises under this Lease (including, without limitation, Article 26). Landlord shall have no obligation to alter, remodel, improve, repair, decorate or paint the Licensed Area or any part thereof, other than pursuant any of the terms and provisions of the Work Letter that are applicable to the Licensed Area. 44.5. All of the terms, conditions and provisions of this Lease with respect to Alterations (including, without limitation, Article 17) shall be applicable to the Licensed Area. 44.6. a. Notwithstanding anything to the contrary in this LeaseSection or elsewhere in this Agreement, all rights granted to Licensee in this Agreement shall be subject to the terms and conditions of any and all existing licenses and other obligations related to the Licensed Property existing at the time the Agreement is entered into. b. Licensee acknowledges and agrees that, (i) the Licensed Property and all goodwill associated therewith are and shall remain the sole property of Licensor, (ii) nothing in this Agreement shall convey to Licensee any right of ownership in the Licensed Property, (iii) Licensee shall not in any manner take any action and shall ensure that none of its permitted sub-licensees take any action, that disparages or would impair the value of, or goodwill associated with, the License shall be appurtenant Licensed Property and (iv) all rights not expressly granted to this Lease Licensee are reserved to Licensor. Licensee acknowledges and may not be separately assigned, sub-licensed or otherwise transferred to any other person or entity without Landlord’s prior written consent (which consent Landlord may withhold in its sole and absolute discretion), and any such purported assignment, sub-license or other transfer agrees that all use of the License Licensed Property by Licensee shall be null and voidinure to the benefit of Licensor. 44.7. The insurance policies required to be maintained by Tenant pursuant to Article 23 of this Lease must cover the Licensed Area (including any property located thereon).