Common use of Intellectual Property and Software Clause in Contracts

Intellectual Property and Software. (a) Schedule 4.16 correctly identifies all issued domestic and foreign patents, patent applications pending, patent applications in process, trademarks, trademark registrations, trademark registration applications, service marks, service xxxx registrations, service xxxx registration applications, copyright registrations, copyright registration applications, license agreements, rights acquired through litigation, logos, trade names, slogans owned by PGM or by any PGM Joint Venture and which are presently used in the business of PGM or such PGM Joint Venture, and are material to the operation of PGM (the foregoing, along with know-how and trade secrets owned by PGM or by any PGM Joint Venture which are material to the operation of PGM or any PGM Joint Venture are hereinafter collectively referred to as the "Intellectual Property"). Schedule 4.16 correctly identifies all issued patents, patent applications pending, patent applications in process, trademarks, trademark registrations, trademark registration applications, service marks, service xxxx registrations, service xxxx registration applications, copyright registration applications, licenses, rights acquired through litigation, logos, trade names, slogans, know-how and trade secrets other than Software (as defined in Section 4.16(g) below) that are currently expressly licensed to or by PGM or to or by any PGM Joint Venture and are material to the operation of PGM or any PGM Joint Venture ("Licensed Intellectual Property"). Except for any implied licenses and those licenses granted in the Branch Operators Agreements or in the Joint Venture Agreements, neither Sellers nor PGM has granted any license to any person with respect to any Intellectual Property or Licensed Intellectual Property, except those set forth in Schedule 4.16. Except as set forth in Schedule 4.16, the agreements and/or arrangements for the Licensed Intellectual Property are in full force and effect, and are free and clear of all adverse claims, options, liens, charges, security interests, covenants, conditions, agreements, restrictions, encumbrances and defenses other than Permitted Encumbrances, and no material default by PGM or by any PGM Joint Venture exists thereunder.

Intellectual Property and Software. (a) Schedule 4.16 correctly identifies (where applicable, by owner, place of registration, registration or application number and registration or application dates) all issued domestic and foreign patents, patent applications pending, patent applications in process, trademarks, trademark registrations, trademark registration applications, service marks, service xxxx registrations, service xxxx registration applications, copyright registrations, copyright registration applications, license agreements, rights acquired through litigation, logos, trade names, slogans owned by PGM MMI and all books and training manuals published or printed by any PGM Joint Venture or on behalf of MMI and which are presently used in the business of PGM or such PGM Joint VentureMMI, and are material to the operation of PGM MMI (the foregoing, along with know-how and trade secrets owned by PGM or by any PGM Joint Venture MMI which are material to the operation of PGM or any PGM Joint Venture MMI are hereinafter collectively referred to as the "Intellectual Property"). Schedule 4.16 correctly identifies all issued patents, patent applications pending, patent applications in process, trademarks, trademark registrations, trademark registration applications, service marks, service xxxx registrations, service xxxx registration applications, copyright registration applications, licenses, rights acquired through litigation, logos, trade names, slogans, know-how and trade secrets other than Software (as defined in Section 4.16(g) below) that are currently expressly licensed to or by PGM or to or by any PGM Joint Venture MMI and are material to the operation of PGM or any PGM Joint Venture MMI ("Licensed Intellectual Property"). Except for any implied licenses and those licenses granted in the Branch Operators Agreements or in the Joint Venture Agreementslicenses, neither Sellers nor PGM MMI has granted any license to any person with respect to any Intellectual Property or Licensed Intellectual Property, except those set forth in Schedule 4.16. Except as set forth in Schedule 4.16, the agreements and/or arrangements for the Licensed Intellectual Property are in full force and effect, and are free and clear of all adverse claims, options, liens, charges, security interests, covenants, conditions, agreements, restrictions, encumbrances and defenses other than Permitted Encumbrances, and no material default by PGM or by any PGM Joint Venture MMI exists thereunder.