Common use of Marketing and Promotion Clause in Contracts

Marketing and Promotion. Subject to the granting of required ----------------------- regulatory approvals and registrations to sell Product, during the Term, Bard shall use commercially reasonable efforts to market and promote Product to Urologists and Managed Care Organizations in the U.S. and, subject to expansion of the Territory pursuant to Paragraph 4.4, shall use commercially reasonable efforts to market and promote Product to Urologists in the Territory outside the U.S. in a manner intended to maximize sales and market penetration of Product at the earliest date and consistent with the Bard Marketing Plan presented annually to the Joint Marketing Committee by Bard pursuant to Paragraph 5.3 hereof. Promotion by Bard during the first three (3) years following the Product Launch Date shall: (i) average at least [*] Product presentations to Urologists per year, and (ii) include a minimum of [*] Product presentations to Urologists per year. The parties hereby expressly acknowledge and agree that the aforementioned presentations may be made by Bard on Product alone or may be made in conjunction with the presentation of one or more products of Bard and/or its Affiliates, provided however, if any such presentation of Product is made in conjunction with one or more products of Bard and/or its Affiliates, Bard shall assure that a fair presentation of Product is given. In addition to Bard's expenditures for such direct marketing and promotional presentations, Bard's marketing and promotional efforts shall further include additional promotional expenditures (the amount of which shall be determined by Bard in its sole judgment) for promotional brochures, conventions and exhibits, and educational programs consistent with the Bard Marketing Plan approved by the Joint Marketing Committee. Additionally, Bard shall include Product in any applicable prostate disease management program sponsored by Bard. Further, Bard hereby covenants to Cytogen that, during the remainder of the Term following the Product Launch Date, Bard shall maintain a sales force of not less than forty four (44) competent persons * [INFORMATION OMITTED AND FILED SEPARATELY WITH THE COMMISSION UNDER RULE 24B- 2.] dedicated to promoting medical products to Urologists in the U.S. on a full time basis. In the event Bard breaches the covenant set forth in the immediately preceding sentence and fails to cure such breach written ninety (90) days of receipt of written demand from Cytogen, Cytogen, as its sole and exclusive remedy, shall have the right to immediately terminate this Agreement upon notice to Bard.

Marketing and Promotion. Subject In addition to the granting of required ----------------------- regulatory approvals and registrations other rights granted herein, Programmer hereby grants to sell ProductDIRECTV, during the Term, Bard shall use commercially reasonable efforts to market Term and promote Product to Urologists and Managed Care Organizations in the U.S. and, subject to expansion of the Territory pursuant to Paragraph 4.4, shall use commercially reasonable efforts to market and promote Product to Urologists in the Territory outside only, the U.S. following rights, but not the obligation, to be exercised by DIRECTV in a manner intended its sole discretion with respect to maximize sales and market penetration its marketing of Product at the earliest date and consistent with the Bard Marketing Plan presented annually to the Joint Marketing Committee by Bard pursuant to Paragraph 5.3 hereof. Promotion by Bard during the first three (3) years following the Product Launch Date shallServices: (i) average the right to use any and all marketing materials reasonably requested from Programmer by DIRECTV (which materials shall be provided at least [***] Product presentations to Urologists per year, and DIRECTV) for the purpose of marketing the Services; (ii) include a minimum the right to manufacture and produce its own marketing materials, subject to the prior approval of Programmer, such approval not to be unreasonably withheld or delayed; and (iii) the right to use the names, voices, music, recordings, images, and likenesses of any and all performers in and other persons related to the Services, and the right to use Programmer’s name and logo to market the Services [***]. Programmer shall promote DIRECTV’s carriage of the Services [***] Product presentations as it promotes the carriage of the Services by any other [***] (including, without limitation, the [***] and [***]); provided, however, that Programmer shall provide DIRECTV with prior written notification of any [***] of DIRECTV’s [***] of the Services by Programmer, and any such [***] shall be subject to Urologists per yearDIRECTV’s prior approval. The parties hereby expressly acknowledge Notwithstanding the foregoing, DIRECTV may cease marketing and agree promoting the Services if DIRECTV, in its absolute sole determination, reasonably believes that marketing or promoting the aforementioned presentations Services may be made by Bard on Product alone or may be made politically harmful to Portions of this Exhibit have been redacted pursuant to a request for confidential treatment under Rule 24b-2 of the General Rules and Regulations under the Securities Exchange Act. Omitted information, marked “[***]” in conjunction this exhibit, has been filed with the presentation of one Securities and Exchange Commission together with such request for confidential treatment. DIRECTV or more products of Bard and/or its Affiliates, provided however, if any Affiliated Companies or adversely affect the corporate image that DIRECTV or its Affiliated Companies desires to maintain at such presentation of Product is made in conjunction with one or more products of Bard and/or its Affiliates, Bard shall assure that a fair presentation of Product is given. In addition to Bard's expenditures for such direct marketing and promotional presentations, Bard's marketing and promotional efforts shall further include additional promotional expenditures (the amount of which shall be determined by Bard in its sole judgment) for promotional brochures, conventions and exhibits, and educational programs consistent with the Bard Marketing Plan approved by the Joint Marketing Committee. Additionally, Bard shall include Product in any applicable prostate disease management program sponsored by Bard. Further, Bard hereby covenants to Cytogen that, during the remainder of the Term following the Product Launch Date, Bard shall maintain a sales force of not less than forty four (44) competent persons * [INFORMATION OMITTED AND FILED SEPARATELY WITH THE COMMISSION UNDER RULE 24B- 2.] dedicated to promoting medical products to Urologists in the U.S. on a full time basistime. In the event Bard breaches the covenant set forth that DIRECTV, in the immediately preceding sentence and fails to cure such breach written ninety (90) days of receipt of written demand from Cytogen, Cytogen, as its sole discretion, elects to undertake a [***] on behalf of the Services, DIRECTV shall furnish a [***] to Programmer, and exclusive remedy, Programmer and DIRECTV shall have the right work in good faith to immediately terminate this Agreement upon notice to Bardjointly implement such plan.

Marketing and Promotion. Subject In addition to the granting of required ----------------------- regulatory approvals and registrations other rights granted herein, Programmer hereby grants to sell ProductDIRECTV, during the Term, Bard shall use commercially reasonable efforts to market Term and promote Product to Urologists and Managed Care Organizations in the U.S. and, subject to expansion of the Territory pursuant to Paragraph 4.4, shall use commercially reasonable efforts to market and promote Product to Urologists in the Territory outside only, the U.S. following rights, but not the obligation, to be exercised by DIRECTV in a manner intended its sole discretion with respect to maximize sales and market penetration its marketing of Product at the earliest date and consistent with the Bard Marketing Plan presented annually to the Joint Marketing Committee by Bard pursuant to Paragraph 5.3 hereof. Promotion by Bard during the first three (3) years following the Product Launch Date shallServices: (i) average the right to use any and all marketing materials reasonably requested from Programmer by DIRECTV (which materials shall be provided at least [*] Product presentations no cost to Urologists per year, and DIRECTV) for the purpose of marketing the Services; (ii) include a minimum the right to manufacture and produce its own marketing materials, subject to the prior approval of [*] Product presentations Programmer, such approval not to Urologists per yearbe unreasonably withheld or delayed; and (iii) the right to use the names, voices, music, recordings, images, and likenesses of any and all performers in and other persons related to the Services, and the right to use Programmer's name and logo to market the Services without the payment of additional consideration or of any additional monies whatsoever. The parties hereby expressly acknowledge Programmer shall promote DIRECTV's carriage of the Services at least as favorably as it promotes the carriage of the Services by any other distributor (including, without limitation, the frequency, prominence and agree calling by specific name); provided, however, that Programmer shall provide DIRECTV with prior written notification of any planned promotion of DIRECTV's carriage of the aforementioned presentations Services by Programmer, and any such promotion shall be subject to DIRECTV's prior approval. Notwithstanding the foregoing, Affiliate may cease marketing and promoting the Services if Affiliate, in its absolute sole determination, reasonably believes that marketing or promoting the Services may be made by Bard on Product alone politically harmful to Affiliate or may be made in conjunction with its Affiliated Companies or adversely affect the presentation of one corporate image that Affiliate or more products of Bard and/or its Affiliates, provided however, if any Affiliated Companies desires to maintain at such presentation of Product is made in conjunction with one or more products of Bard and/or its Affiliates, Bard shall assure that a fair presentation of Product is given. In addition to Bard's expenditures for such direct marketing and promotional presentations, Bard's marketing and promotional efforts shall further include additional promotional expenditures (the amount of which shall be determined by Bard in its sole judgment) for promotional brochures, conventions and exhibits, and educational programs consistent with the Bard Marketing Plan approved by the Joint Marketing Committee. Additionally, Bard shall include Product in any applicable prostate disease management program sponsored by Bard. Further, Bard hereby covenants to Cytogen that, during the remainder of the Term following the Product Launch Date, Bard shall maintain a sales force of not less than forty four (44) competent persons * [INFORMATION OMITTED AND FILED SEPARATELY WITH THE COMMISSION UNDER RULE 24B- 2.] dedicated to promoting medical products to Urologists in the U.S. on a full time basistime. In the event Bard breaches the covenant set forth that DIRECTV, in the immediately preceding sentence and fails to cure such breach written ninety (90) days of receipt of written demand from Cytogen, Cytogen, as its sole discretion, elects to undertake a marketing campaign on behalf of the Services, DIRECTV shall furnish a marketing plan and exclusive remedybudget to Programmer, and Programmer and DIRECTV shall have the right work in good faith to immediately terminate this Agreement upon notice to Bardjointly implement such plan.

Marketing and Promotion. Subject to Contractual Restrictions, SPWA shall have the granting of required ----------------------- regulatory approvals sole and registrations exclusive right to sell Productadvertise, during publicize, promote and market the Term, Bard shall use commercially reasonable efforts to market and promote Product to Urologists and Managed Care Organizations Picture by any means in the U.S. andTerritory and over the Internet; provided, such Internet rights shall be non- exclusive. Licensor shall not release or disclose any information, advertising or publicity relating to the Picture in the Territory without SPWA’s prior written approval. Without limiting the foregoing but subject always to expansion the Contractual Restrictions, the Rights granted to SPWA shall include:(i) the right to manufacture and distribute or cause to be manufactured and distributed advertising and advertising/promotion accessories of all types and kinds, which shall be the property solely of SPWA, and to advertise, publicize, promote and exploit the Picture by such means, methods and devices and in such media, and to such extent as SPWA in its sole discretion may deem desirable; (ii) the right to create promotional films not exceeding thirty (30) minutes in length Special Feature Material (as defined herein) and/or Promotional Material (“Promotional Material” shall mean and include, without limitation, the “making of” or “behind the scenes” documentary footage or programming, any part of the electronic press kits, extra footage, b-roll, featurettes, cast and/or crew interviews or commentaries, television specials and publicity clips prepared in connection with the Picture); and (iii) the right to use the names, photographs, likenesses, acts, poses, sound effects, voices and biographies (collectively, the “Attributes”) of all artists appearing in the Picture, the director thereof, and others appearing in or connected with the Picture in connection with the exhibition, distribution, marketing, advertising, promotion, exploitation and publicizing of the Picture in any and all parts of the Territory pursuant and to Paragraph 4.4do any and all of the foregoing for promotional purposes via any Transmission Means, shall use commercially reasonable efforts in merchandising, commercial tie-ins or other endorsements, and to market write and promote Product to Urologists publish articles concerning each thereof in the Territory outside the U.S. in a manner intended to maximize sales and market penetration of Product at the earliest date and consistent connection with the Bard Marketing Plan presented annually exploitation, publicizing, advertising and licensing of the Picture. Licensor shall afford SPWA and its designees reasonable access to Licensor’s shooting locations and employees for the purposes of photographing Promotional Material suitable for use in promotional films. Notwithstanding anything provided to the Joint Marketing Committee by Bard pursuant to Paragraph 5.3 hereof. Promotion by Bard during contrary, SPWA shall have the first three (3) years following the Product Launch Date shall: (i) average at least [*] Product presentations to Urologists per year, and (ii) include a minimum of [*] Product presentations to Urologists per year. The parties hereby expressly acknowledge and agree that the aforementioned presentations may be made by Bard on Product alone or may be made in conjunction with the presentation of one or more products of Bard and/or its Affiliates, provided however, if any such presentation of Product is made in conjunction with one or more products of Bard and/or its Affiliates, Bard shall assure that a fair presentation of Product is given. In addition to Bard's expenditures for such direct marketing and promotional presentations, Bard's marketing and promotional efforts shall further include additional promotional expenditures (the amount of which shall be determined by Bard in its sole judgment) for promotional brochures, conventions and exhibits, and educational programs consistent with the Bard Marketing Plan approved by the Joint Marketing Committee. Additionally, Bard shall include Product in any applicable prostate disease management program sponsored by Bard. Further, Bard hereby covenants to Cytogen that, during the remainder of the Term following the Product Launch Date, Bard shall maintain a sales force of not less than forty four (44) competent persons * [INFORMATION OMITTED AND FILED SEPARATELY WITH THE COMMISSION UNDER RULE 24B- 2.] dedicated to promoting medical products to Urologists in the U.S. on a full time basis. In the event Bard breaches the covenant set forth in the immediately preceding sentence and fails to cure such breach written ninety (90) days of receipt of written demand from Cytogen, Cytogen, as its sole and exclusive remedy, shall have the right to immediately terminate this Agreement upon notice to Bardadvertise, publicize, promote and market the Picture via any Transmission Means in the Territory.

Marketing and Promotion. Subject In addition to the granting of required ----------------------- regulatory approvals and registrations other rights granted herein, Programmer hereby grants to sell ProductDIRECTV, during the Term, Bard shall use commercially reasonable efforts to market Term and promote Product to Urologists and Managed Care Organizations in the U.S. and, subject to expansion of the Territory pursuant to Paragraph 4.4, shall use commercially reasonable efforts to market and promote Product to Urologists in the Territory outside only, the U.S. following rights, but not the obligation, to be exercised by DIRECTV in a manner intended its sole discretion with respect to maximize sales and market penetration its marketing of Product at the earliest date and consistent with the Bard Marketing Plan presented annually to the Joint Marketing Committee by Bard pursuant to Paragraph 5.3 hereof. Promotion by Bard during the first three (3) years following the Product Launch Date shallServices: (i) average the right to use any and all marketing materials reasonably requested from Programmer by DIRECTV (which materials shall be provided at least [***] Product presentations to Urologists per year, and DIRECTV) for the purpose of marketing the Services; (ii) include a minimum the right to manufacture and produce its own marketing materials, subject to the prior approval of Programmer, such approval not to be unreasonably withheld or delayed; and (iii) the right to use the names, voices, music, recordings, images, and likenesses of any and all performers in and other persons related to the Services, and the right to use Programmer's name and logo to market the Services without the [***] of [***] Product presentations or of any [***] whatsoever. Programmer shall promote DIRECTV's carriage of the Services [***] as it promotes Portions of this Exhibit have been redacted pursuant to Urologists per yeara request for confidential treatment under Rule 24b-2 of the General Rules and Regulations under the Securities Exchange Act. The parties hereby expressly acknowledge Omitted information, marked "[***]" in this exhibit, has been filed with the Securities and agree Exchange Commission together with such request for confidential treatment. the carriage of the Services by any other [***] (including, without limitation, the [***] and [***]); provided, however, that Programmer shall provide DIRECTV with prior written notification of any [***] of DIRECTV's [***] of the aforementioned presentations Services by Programmer, and any such [***] shall be subject to DIRECTV's prior approval. Notwithstanding the foregoing, DIRECTV may cease marketing and promoting the Services if DIRECTV, in its absolute sole determination, reasonably believes that marketing or promoting the Services may be made by Bard on Product alone politically harmful to DIRECTV or may be made in conjunction with its Affiliated Companies or adversely affect the presentation of one corporate image that DIRECTV or more products of Bard and/or its Affiliates, provided however, if any Affiliated Companies desires to maintain at such presentation of Product is made in conjunction with one or more products of Bard and/or its Affiliates, Bard shall assure that a fair presentation of Product is given. In addition to Bard's expenditures for such direct marketing and promotional presentations, Bard's marketing and promotional efforts shall further include additional promotional expenditures (the amount of which shall be determined by Bard in its sole judgment) for promotional brochures, conventions and exhibits, and educational programs consistent with the Bard Marketing Plan approved by the Joint Marketing Committee. Additionally, Bard shall include Product in any applicable prostate disease management program sponsored by Bard. Further, Bard hereby covenants to Cytogen that, during the remainder of the Term following the Product Launch Date, Bard shall maintain a sales force of not less than forty four (44) competent persons * [INFORMATION OMITTED AND FILED SEPARATELY WITH THE COMMISSION UNDER RULE 24B- 2.] dedicated to promoting medical products to Urologists in the U.S. on a full time basistime. In the event Bard breaches the covenant set forth that DIRECTV, in the immediately preceding sentence and fails to cure such breach written ninety (90) days of receipt of written demand from Cytogen, Cytogen, as its sole discretion, elects to undertake a [***] on behalf of the Services, DIRECTV shall furnish a [***] and exclusive remedy[***] to Programmer, and Programmer and DIRECTV shall have the right work in good faith to immediately terminate this Agreement upon notice to Bardjointly implement such plan.