Common use of Marketing Support Clause in Contracts

Marketing Support. GKF, in coordination with Medical Center, shall provide Medical Center with marketing support for the service to be provided by Medical Center using the Equipment. Not less than ninety (90) days prior to the First Procedure Date and the commencement of each succeeding twelve (12) month period during the Term, GKF and Medical Center shall develop a mutually agreed upon marketing budget and plan (“Plan”) for the clinical service to be supported by the Equipment for the succeeding twelve (12) month period of the Term. Once approved, the Plan shall be implemented by Medical Center in accordance with its terms. If Medical Center has not approved or disapproved of the Plan within sixty (60) days following its receipt, Medical Center shall be deemed to have approved the same. All advertisements, brochures and other marketing materials pertaining to the Plan shall be subject to review and written approval by Medical Center and GKF prior to their use. Medical Center and GKF shall discuss the Plan on a regular basis not less than once per quarter. Medical Center’s and any Medical Center subsidiary’s or related corporation’s name, trademarks, service marks, or other identifying names, marks, images or designations shall be and remain the sole and exclusive property of Medical Center, but which may be used in any written pre-approved marketing materials without payment of any license or royalty fee. As funds are expended by Medical Center in accordance with the Plan, Medical Center shall submit invoices (together with documentary evidence supporting the invoices) for its expenditures paid to third parties and, promptly following the receipt of such invoices, GKF shall reimburse Medical Center for * of approved expenditures, provided that such portion to be reimbursed by GKF shall not exceed an average of * annually during the term of the Agreement. It is acknowledged by the parties that such expenses to be reimbursed by GKF as provided in Section 7 have been included in GKF’s calculation of Medical Center’s Purchased Services Payments so as to allow GKF to recover such GKF expenses during the Term of this Agreement.

Marketing Support. GKFASHS, in coordination with Medical CenterHOSPITAL, shall provide Medical Center with marketing support for the service to be provided by Medical Center HOSPITAL using the Equipment. Not less than ninety (90) days prior to the First Procedure Date and the commencement of each succeeding twelve (12) month period during the Term, GKF ASHS and Medical Center HOSPITAL shall develop a mutually agreed upon marketing budget and plan (“Plan”) for the clinical service to be supported by the Equipment for the succeeding twelve (12) month period of the Term. Once approved, the Plan shall be implemented by Medical Center HOSPITAL in accordance with its terms. If Medical Center has not approved or disapproved of the Plan within sixty (60) days following its receipt, Medical Center shall be deemed to have approved the same. All advertisements, brochures and other marketing materials pertaining to the Plan shall be subject to review and written approval by Medical Center HOSPITAL and GKF ASHS prior to their use. Medical Center HOSPITAL and GKF ASHS shall discuss the Plan on a regular basis not less than once per quarter. Medical CenterHOSPITAL’s and any Medical Center HOSPITAL subsidiary’s or related corporation’s name, trademarks, service marks, or other identifying names, marks, images images, or designations shall be and remain the sole and exclusive property of Medical Center, but which may be used in any written pre-approved marketing materials without payment of any license or royalty feeHOSPITAL. As funds are expended by Medical Center HOSPITAL in accordance with the Plan, Medical Center HOSPITAL shall submit invoices (together with documentary evidence supporting the invoices) for its expenditures paid to third parties and, promptly following the receipt of such invoices, GKF ASHS shall reimburse Medical Center HOSPITAL for * [*****] of approved expenditures, provided that such portion . ASHS’s reimbursement to be reimbursed by GKF HOSPITAL shall not exceed an average of * [*****] annually during for the term of the Agreement. It is acknowledged by the parties that such expenses to be reimbursed by GKF ASHS as provided in this Section 7 6 have been included in GKFASHS’s calculation of Medical CenterHOSPITAL’s Purchased Services Lease Payments so as to allow GKF ASHS to recover such GKF ASHS reimbursed expenses during the Term of this Agreement; provided that, without limiting or otherwise affecting HOSPITAL’s obligation to pay the Lease Payments as set forth herein, in no event shall ASHS have any recourse against HOSPITAL to recover any marketing expense reimbursement paid by ASHS to HOSPITAL pursuant to this Section 6.

Marketing Support. GKF, in coordination with Medical Center, shall provide Medical Center with marketing support for the service to be provided by Medical Center using the Equipment. 7.1 Not less than ninety (90) days prior to the First Procedure Date and the commencement of each succeeding twelve (12) month period during the Term, GKF and Medical Center shall jointly develop a mutually agreed upon an annual marketing plan, budget and plan (“Plan”) timeline for the clinical service to be supported by the Equipment for the succeeding twelve (12) month period of the Term. Once approvedTerm (the “Plan”), the which Plan shall be implemented by Medical Center in accordance with its termsthe support of GKF, based on the approved budget and timeline. The Plan shall require the approval of both GKF and Medical Center; however, neither party’s approval of such Plan shall be unreasonably withheld or delayed. If Medical Center has not approved or disapproved of the Plan same within sixty thirty (6030) days following its receipt, Medical Center shall be deemed to have approved the same. All advertisements, brochures and other marketing materials pertaining to the Plan shall be subject to review and written approval by Medical Center and GKF prior to their use. Medical Center and GKF shall discuss the Plan on a regular basis not less than once per quarter. Medical Center’s and any Medical Center subsidiary’s or related corporation’s name, trademarks, service marks, or other identifying names, marks, images or designations shall be and remain the sole and exclusive property of Medical Center, but which may be used in any written pre-approved marketing materials without payment of any license or royalty fee. As funds are Funds expended by Medical Center and/or GKF in accordance with the PlanPlan shall be deemed “Medical Center’s Direct Operating Expenses” and/or GKF’s Direct Operating Expenses,” respectively, and shall be reimbursed to the applicable party from the “Gross Technical Component Collections” (as such quoted terms are defined in Section 8 below); provided that (a) if the Gross Technical Component Collections during any month are insufficient to cover Medical Center’s Direct Operating Expenses, then, within thirty (30) days following the determination of the shortfall, GKF shall reimburse Medical Center for the shortfall and such amount so reimbursed by GKF shall be deemed to be GKF’s Direct Operating Expenses and shall be carried forward until reimbursed to GKF from future Gross Technical Component Collections; and (b) each party shall submit to the other upon request invoices (together with documentary evidence supporting the invoices) for its their respective marketing expenditures paid to unrelated third parties and, promptly following that are included in the receipt of such invoices, GKF shall reimburse Plan. It is anticipated that the annual marketing budget will be approximately * in the aggregate. Any marketing efforts conducted independently by Medical Center for * of approved expendituresshall be at Medical Center’s expense, provided that such portion and subject to be reimbursed by GKF shall not exceed an average of * annually during the term of the Agreementcoordination with GKF. It is acknowledged by the parties that such expenses to be reimbursed by GKF as provided in this Section 7 have been included in GKF’s calculation of Medical Center’s Purchased Services the Lease Payments so as to allow GKF to recover such GKF expenses during the Term of this Agreement.

Marketing Support. GKF, in coordination with Medical CenterHospital, shall provide Medical Center Hospital with marketing support for the service to be provided by Medical Center Hospital using the Equipment. Notwithstanding the preceding sentence or any provision to the contrary herein, GKF shall not engage in any direct or indirect marketing or advertising of the Gamma Knife services to be rendered by Hospital during the term of this Agreement. Not less than ninety (90) days prior to the First Procedure Date and the commencement of each succeeding twelve (12) month period during the Term, GKF and Medical Center Hospital shall develop a mutually agreed upon marketing budget and plan (“Plan”) for the clinical service to be supported by the Equipment for the succeeding twelve (12) month period of the Term. Once approved, the Plan shall be implemented by Medical Center Hospital in accordance with its terms. If Medical Center Hospital has not approved or disapproved of the Plan within sixty thirty (6030) days following its receipt, Medical Center Hospital shall be deemed to have approved the same. All advertisements, brochures and other marketing materials pertaining to the Plan shall be subject to review and written approval by Medical Center Hospital and GKF prior to their use. Medical Center Hospital and GKF shall discuss the Plan on a regular basis not less than once per quarter. Medical CenterHospital’s and any Medical Center Hospital subsidiary’s or related corporation’s name, trademarks, service marks, or other identifying names, marks, images or designations shall be and remain the sole and exclusive property of Medical CenterHospital, but which may be used in any written pre-approved marketing materials without payment of any license or royalty fee. As funds are expended by Medical Center Hospital in accordance with the Plan, Medical Center Hospital shall submit invoices (together with documentary evidence supporting the invoices) for its expenditures paid to third parties and, promptly following the receipt of such invoices, GKF shall reimburse Medical Center Hospital for * of approved expenditures, provided that such portion . GKF’s reimbursement to be reimbursed by GKF Hospital shall not exceed an average of * annually during the term of the Agreement. It is acknowledged by the parties that such expenses to be reimbursed by GKF as provided in Section 7 have been included in GKF’s calculation of Medical CenterHospital’s Purchased Services Payments so as to allow GKF to recover such GKF expenses during the Term of this Agreement; provided that, without limiting or otherwise affecting Hospital’s obligation to pay the Purchased Services Payments as set forth herein.

Marketing Support. GKF, in coordination with Medical Center, shall provide Medical Center with marketing support for the service to be provided by Medical Center using the Equipment. Not less than ninety (90) days prior to the First Procedure Date and the commencement of each succeeding twelve (12) month period during the Term, GKF and Medical Center shall develop a mutually agreed upon marketing budget and plan (“Plan”) for the clinical service to be supported by the Equipment for the succeeding twelve (12) month period of the Term. Once approved, the Plan shall be implemented by Medical Center in accordance with its terms. If Medical Center has not approved or disapproved of the Plan within sixty (60) days following its receipt, Medical Center shall be deemed to have approved the same. All advertisements, brochures and other marketing materials pertaining to the Plan shall be subject to review and written approval by Medical Center and GKF prior to their use. Medical Center and GKF shall discuss the Plan on a regular basis not less than once per quarter. Medical Center’s and any Medical Center subsidiary’s or related corporation’s name, trademarks, service marks, or other identifying names, marks, images or designations shall be and remain the sole and exclusive property of Medical Center, but which may be used in any written pre-approved marketing materials without payment of any license or royalty fee. As funds are expended by Medical Center in accordance with the Plan, Medical Center shall submit invoices (together with documentary evidence supporting the invoices) for its expenditures paid to third parties and, promptly following the receipt of such invoices, GKF shall reimburse Medical Center for * fifty percent (50%) of approved expenditures, provided that such portion to be reimbursed by GKF shall not exceed an average of * Seventy-Five Thousand Dollars ($75,000) annually during the term of the Agreement. It is acknowledged by the parties that such expenses to be reimbursed by GKF as provided in Section 7 have been included in GKF’s calculation of Medical Center’s Purchased Services Payments so as to allow GKF to recover such GKF expenses during the Term of this Agreement.