Common use of License of Trademarks Clause in Contracts

License of Trademarks. (a) Subject to the terms and conditions of this Agreement and for as long as the license granted under Section 4.1 or 4.2 remains exclusive with respect to Combidex or Feridex I.V., AM hereby grants to Cytogen an exclusive right and license to use the Trademarks in the Territory solely in connection with Cytogen's use, marketing, distribution, offer for sale and sale of the Agent in the Territory to which the Trademark relates; PROVIDED, HOWEVER, the right to use the Feridex I.V. Trademark shall not commence until the Feridex Start Date; PROVIDED, FURTHER, HOWEVER, that Cytogen may not use the trademark "Feridex" in the United States for any activities; in the United States, the word Feridex is to be used as "Feridex I.V." (b) Cytogen shall not use any other marks in connection with the marketing or sale of Agent or market or sell Agent under any other trademark, whether registered or unregistered without AM's prior written consent, which consent may be granted or withheld in AM's sole discretion. (c) Cytogen undertakes that the nature and quality of Agent made by it, if any, or for it by any Person (other than AM) and identified by the Trademarks shall at all times conform to the standards set by and maintained by AM. (d) Cytogen acknowledges that AM is the owner of the Trademarks. Cytogen shall not at any time do, cause to be done, or permit any act or thing inconsistent with, contesting or in any way impairing or tending to impair, such ownership. Cytogen acknowledges that nothing in this Agreement shall give Cytogen any right, title or interest in the Trademarks other than the right to use the Trademarks in accordance with this Agreement. Cytogen agrees that it will not challenge the title or ownership of AM to the Trademarks or attack or contest the validity of the Trademarks and that any such challenge, attack or contest will be deemed a material breach of this Agreement. (e) AM shall register and maintain the Trademarks as necessary to protect the Trademarks in the Territory during the term of this Agreement. If either Party learns of any unauthorized use of the Trademarks by others in the Territory, such Party agrees to promptly notify the other Party of such unauthorized use. (f) Cytogen shall not alter, cover, obfuscate or remove any Trademark placed by AM on any vials of Agent. Cytogen shall at all times display the Trademarks with the trademark symbol "R" and any proprietary legend that AM shall determine to be reasonably necessary to protect its rights therein. Cytogen shall not, during the term of this Agreement or thereafter, use, adopt or seek to register the Trademarks or any trademark or trade name similar to or confusing with the Trademarks, or any translation thereof, in any jurisdiction. Cytogen further agrees that, if it shall have obtained or shall obtain in the future, in any jurisdiction, any right, title or interest in any xxxx, symbol or phrase which shall be identical to, similar to or likely to be confused with any Trademark, or any translation thereof, then Cytogen shall have acted or shall act as an agent and for the benefit of AM for the limited purpose of obtaining such registrations and assigning such registration (and all right, title and interest in such xxxx, symbol or phrase) to AM. Cytogen further agrees to execute any and all instruments deemed by AM to be necessary to transfer such registrations or such right, title or interest to AM. Cytogen shall not challenge, or assist others in challenging, the validity or ownership of any Trademarks.

License of Trademarks. (a) Subject to the terms and conditions of this Agreement and for as long as the license granted under Section 4.1 or 4.2 remains exclusive with respect to Combidex or Feridex I.V., AM hereby grants to Cytogen an exclusive right and license to use the Trademarks in the Territory solely in connection with Cytogen's use, marketing, distribution, offer for sale and sale of the Agent in the Territory to which the Trademark relates; PROVIDEDprovided, HOWEVERhowever, the right to use the Feridex I.V. Trademark shall not commence until the Feridex Start Date; PROVIDEDprovided, FURTHERfurther, HOWEVERhowever, that Cytogen may not use the trademark "Feridex" in the United States for any activities; in the United States, the word Feridex is to be used as "Feridex I.V." (b) Cytogen shall not use any other marks in connection with the marketing or sale of Agent or market or sell Agent under any other trademark, whether registered or unregistered without AM's prior written consent, which consent may be granted or withheld in AM's sole discretion. (c) Cytogen undertakes that the nature and quality of Agent made by it, if any, or for it by any Person (other than AM) and identified by the Trademarks shall at all times conform to the standards set by and maintained by AM. (d) Cytogen acknowledges that AM is the owner of the Trademarks. Cytogen shall not at any time do, cause to be done, or permit any act or thing inconsistent with, contesting or in any way impairing or tending to impair, such ownership. Cytogen acknowledges that nothing in this Agreement shall give Cytogen any right, title or interest in the Trademarks other than the right to use the Trademarks in accordance with this Agreement. Cytogen agrees that it will not challenge the title or ownership of AM to the Trademarks or attack or contest the validity of the Trademarks and that any such challenge, attack or contest will be deemed a material breach of this Agreement. (e) AM shall register and maintain the Trademarks as necessary to protect the Trademarks in the Territory during the term of this Agreement. If either Party learns of any unauthorized use of the Trademarks by others in the Territory, such Party agrees to promptly notify the other Party of such unauthorized use. (f) Cytogen shall not alter, cover, obfuscate or remove any Trademark placed by AM on any vials of Agent. Cytogen shall at all times display the Trademarks with the trademark symbol "R" and any proprietary legend that AM shall determine to be reasonably necessary to protect its rights therein. Cytogen shall not, during the term of this Agreement or thereafter, use, adopt or seek to register the Trademarks or any trademark or trade name similar to or confusing with the Trademarks, or any translation thereof, in any jurisdiction. Cytogen further agrees that, if it shall have obtained or shall obtain in the future, in any jurisdiction, any right, title or interest in any xxxxmark, symbol or phrase which shall be identical to, similar to or likely lxxxxy to be confused with any Trademark, or any translation thereof, then Cytogen shall have acted or shall act as an agent and for the benefit of AM for the limited purpose of obtaining such registrations and assigning such registration (and all right, title and interest in such xxxxmark, symbol or phrase) to AM. Cytogen further agrees to execute any and xxx all instruments deemed by AM to be necessary to transfer such registrations or such right, title or interest to AM. Cytogen shall not challenge, or assist others in challenging, the validity or ownership of any Trademarks.

License of Trademarks. (a) Subject to the terms and conditions of this Agreement and for as long as the license granted under Section 4.1 or 4.2 remains exclusive with respect to Combidex or Feridex I.V., AM Royalty hereby grants to Cytogen an exclusive Tax Masters (including in its capacity as servicer for the RAL Originator) a nonexclusive and nonassignable right and license to use, and to sublicense to the RAL Originator to use, the name and trade or service xxxx "H & R Block" and such other trade or service marks that Block Services may from time to time designate for use the Trademarks in the Territory solely in connection with Cytogen's use, marketing, distribution, offer for sale and sale of the Agent in the Territory to which the Trademark relates; PROVIDED, HOWEVERits RAL Program (collectively, the right to use the Feridex I.V. Trademark shall not commence until the Feridex Start Date; PROVIDED, FURTHER, HOWEVER, that Cytogen may not use the trademark "Feridex" in the United States for any activities; in the United States, the word Feridex is to be used as Block Licensed Marks"Feridex I.V." (b) Cytogen shall not use any other marks in connection with the marketing or sale making and processing of Agent or market or sell Agent under RALs and RACs for RAL Customers. Neither Tax Masters nor its Affiliates shall use, nor shall any other trademarksublicense by Tax Masters to the RAL Originator permit the RAL Originator to use, whether registered or unregistered without AM's prior written consent, which consent may the Block Licensed Marks for any purpose except the purposes specifically set forth herein. Any use of the Block Licensed Marks and all goodwill generated thereby shall inure to the benefit of Royalty. All uses of the Block Licensed Marks shall be granted or withheld approved in AM's sole discretion. (c) Cytogen undertakes that the nature advance by Royalty and quality of Agent made by it, if any, or for it by any Person (other than AM) and identified by the Trademarks shall be at all times conform in compliance with any standards which Royalty may impose in writing from time to time regarding such use. All rights in and to the standards set by Block Licensed Marks which are not specifically granted to Tax Masters shall remain with Royalty. Tax Masters shall cooperate, and maintained by AM. (d) Cytogen acknowledges that AM is shall cause the owner RAL Originator pursuant to the terms of any sublicense to cooperate, with Royalty in the protection and defense of the TrademarksBlock Licensed Marks and in the prosecution, at Royalty's sole option, of infringers of the Block Licensed Marks. Cytogen Tax Masters shall not at register nor seek to register, and any time dosublicense by Tax Masters to the RAL Originator shall prohibit the RAL Originator from registering or seeking to register, cause to be doneany trade or service xxxx, logotype or permit any act or thing inconsistent with, contesting or in any way impairing or tending to impair, such ownership. Cytogen acknowledges that nothing in this Agreement shall give Cytogen any right, title or interest commercial symbol used by either of them in the Trademarks other than exercise of the right rights licensed under this Section 5.2 or sublicensed by Block Services to use Tax Masters pursuant to the Trademarks in accordance with immediately preceding Section 5.1 of this Agreement. Cytogen agrees that it will not challenge Royalty waives and releases Tax Masters, from and against, any and all claims of liability arising in any manner from the title or ownership of AM to the Trademarks or attack or contest the validity use by Tax Masters of the Trademarks Block Licensed Marks prior to July 19, 1996. The Block Licensed Marks and that any such challenge, attack or contest will be deemed a material breach access granted by Block Services to Tax Masters (including in its capacity as servicer for the RAL Originator) shall terminate upon termination of this Agreement. (e) AM shall register and maintain the Trademarks as necessary to protect the Trademarks in the Territory during the term of this Agreement. If either Party learns of any unauthorized use of the Trademarks by others in the Territory, such Party agrees to promptly notify the other Party of such unauthorized use. (f) Cytogen shall not alter, cover, obfuscate or remove any Trademark placed by AM on any vials of Agent. Cytogen shall at all times display the Trademarks with the trademark symbol "R" and any proprietary legend that AM shall determine to be reasonably necessary to protect its rights therein. Cytogen shall not, during the term of this Agreement or thereafter, use, adopt or seek to register the Trademarks or any trademark or trade name similar to or confusing with the Trademarks, or any translation thereof, in any jurisdiction. Cytogen further agrees that, if it shall have obtained or shall obtain in the future, in any jurisdiction, any right, title or interest in any xxxx, symbol or phrase which shall be identical to, similar to or likely to be confused with any Trademark, or any translation thereof, then Cytogen shall have acted or shall act as an agent and for the benefit of AM for the limited purpose of obtaining such registrations and assigning such registration (and all right, title and interest in such xxxx, symbol or phrase) to AM. Cytogen further agrees to execute any and all instruments deemed by AM to be necessary to transfer such registrations or such right, title or interest to AM. Cytogen shall not challenge, or assist others in challenging, the validity or ownership of any Trademarks.

License of Trademarks. (a) Subject to the terms and conditions of this Agreement and for as long as the license granted under Section 4.1 or 4.2 remains exclusive with respect to Combidex or Feridex I.V.Buyer shall gxxxx Xxxxxxx an exclusive, AM hereby grants to Cytogen an exclusive right and royalty free, worldwide license to use the Trademarks names “Pride,” “Pride,” “Pride Companies,” “Pride Refining,” “Pride Marketing” and any variations thereof, as set forth in a Trademark License Agreement substantially in the Territory solely in connection with Cytogen's use, marketing, distribution, offer for sale and sale of form attached hereto as Exhibit 19.4 (the Agent in the Territory to which the Trademark relates; PROVIDED, HOWEVER, the right to use the Feridex I.V. Trademark shall not commence until the Feridex Start Date; PROVIDED, FURTHER, HOWEVER, that Cytogen may not use the trademark "Feridex" in the United States for any activities; in the United States, the word Feridex is to be used as "Feridex I.V."“License Agreement”). (b) Cytogen Except as permitted under the License Agreement, (i) from and after the Closing Date, Sellers shall not, and shall cause their Affiliates and their respective employees and representatives not to, use or display in any form the name “Pride” or any variations thereof comprised of or incorporating the word “Pride” for any purpose whatsoever including any businesses conducted by Sellers from and after the Closing Date and (ii) within thirty (30) days after the Closing Date, Sellers shall remove from or paint over any logo or sign on the Excluded Assets and any other marks in connection with tangible assets owned, held or leased by Sellers and their Affiliates which indicates the marketing name “Pride” or sale of Agent or market or sell Agent under any other trademark, whether registered or unregistered without AM's prior written consent, which consent may be granted or withheld in AM's sole discretionvariations thereof. (c) Cytogen undertakes Except as permitted under the License Agreement, Sellers further agree to refrain from taking any action or proceeding, legal or otherwise, that the nature and quality of Agent made by itwould contest, if any, challenge or for it by any Person (other than AM) and identified by the Trademarks shall at all times conform to the standards set by and maintained by AM. (d) Cytogen acknowledges that AM is the owner of the Trademarks. Cytogen shall not at any time do, cause to be done, or permit any act or thing inconsistent with, contesting or in any way impairing or tending to impair, such ownership. Cytogen acknowledges that nothing in this Agreement shall give Cytogen any right, title or interest hinder Buyer in the Trademarks other than use or registration for the right to use the Trademarks in accordance with this Agreement. Cytogen agrees that it will not challenge the title or ownership of AM to the Trademarks or attack or contest the validity of the Trademarks and that any such challenge, attack or contest will be deemed a material breach of this Agreement. “Licensor’s Business” (e) AM shall register and maintain the Trademarks as necessary to protect the Trademarks defined in the Territory during the term of this License Agreement. If either Party learns of any unauthorized use of the Trademarks by others in the Territory, such Party agrees to promptly notify the other Party of such unauthorized use. (f) Cytogen shall not alter, cover, obfuscate or remove any Trademark placed by AM on any vials of Agent. Cytogen shall at all times display the Trademarks with the trademark symbol "R" and any proprietary legend that AM shall determine to be reasonably necessary to protect its rights therein. Cytogen shall not, during the term of this Agreement or thereafter, use, adopt or seek to register the Trademarks or any trademark or trade name similar to or confusing with the Trademarks, or any translation thereof, in any jurisdiction. Cytogen further agrees that, if it shall have obtained or shall obtain in the future), in any jurisdiction, of the name “Pride” or any rightvariations thereof comprised of or incorporating the word “Pride.” From and after the Closing Date, title Sellers agree not to pursue any action to register or interest in any xxxxway assert ownership in the “Licensor’s Business” of the name “Pride” or any or any variations thereof comprised of or incorporating the word “Pride.” Nothing herein shall prevent, symbol or phrase which shall be identical torestrict, similar to or likely to be confused with any Trademarkinhibit, or diminish Sellers’ right to use the name “Pride” for or in any translation thereof, then Cytogen shall have acted or shall act as an agent and for alternative field of use other than the benefit of AM for the limited purpose of obtaining such registrations and assigning such registration (and all right, title and interest in such xxxx, symbol or phrase) to AM. Cytogen further agrees to execute any and all instruments deemed by AM to be necessary to transfer such registrations or such right, title or interest to AM. Cytogen shall not challenge, or assist others in challenging, the validity or ownership of any Trademarks“Licensor’s Business.”