Common use of Sales, Marketing and Customer Service Clause in Contracts

Sales, Marketing and Customer Service. (i) Life Technologies shall, at its sole expense and in accordance with Section 2.2, develop and deliver to customers marketing materials for the Tests. Life Technologies shall use, as appropriate, Biocept’s “OncoCEE-LUTM”, OncoCEE™”, “CEE-Enhanced™” and “CEE-SureTM” brand and the Biocept corporate name and logo, together with any Life Technologies branding, as part of the marketing materials for the marketing of the Tests and, where appropriate, in its other public presentations and disclosures concerning the Assay or Tests. Biocept shall have the right to review all such materials prior to their initial use. (ii) Life Technologies shall cause its sales force to use commercially reasonable efforts to promote the Tests. (iii) Life Technologies shall use commercially reasonable efforts to promote the sale of the Tests by including the Tests in its menu of services and by incorporating marketing materials regarding the Tests into its own marketing materials. (iv) Life Technologies shall keep Biocept reasonably informed of its planned marketing activities with respect to the Tests to allow Biocept to forecast its needs for reagents, equipment, laboratory space, personnel, computing, and testing reporting capabilities, including at each Joint Steering Committee meeting as indicated in Section 4, and will discuss and consider in good faith Biocept’s suggestions for marketing the Tests. (v) Life Technologies will provide customer service and support for the Professional Component of the Tests using substantially similar methods and adhering to substantially similar standards that it generally employs with respect to its other products and tests.

Sales, Marketing and Customer Service. (i) Life Technologies Clarient shall, at its sole expense and in accordance with Section 2.2, develop and deliver to customers marketing materials for the Diagnostic Tests. Life Technologies Clarient shall use, as appropriate, Biocept’s “OncoCEE-LUTMBRTM”, OncoCEE™”, “CEE-Enhanced™” and “CEE-SureTM” brand and the Biocept corporate name and logo, together with any Life Technologies Clarient branding, as part of the marketing materials for the marketing of the Diagnostic Tests and, where appropriate, in its other public presentations and disclosures concerning the Assay or Diagnostic Tests. Biocept shall have the right to review all such materials prior to their initial use. (ii) Life Technologies Clarient shall cause its sales force to use commercially reasonable efforts to promote the Diagnostic Tests. (iii) Life Technologies Clarient shall use commercially reasonable efforts to promote the sale of the Diagnostic Tests by including the Diagnostic Tests in its menu of services and by incorporating marketing materials regarding the Diagnostic Tests into its own marketing materials. (iv) Life Technologies Clarient shall keep Biocept reasonably informed of its planned marketing activities with respect to the Diagnostic Tests to allow Biocept to forecast its needs for reagents, equipment, laboratory space, personnel, computing, and testing reporting capabilities, including at each Joint Steering Committee meeting as indicated in Section 4, and will discuss and consider in good faith Biocept’s suggestions for marketing the Diagnostic Tests. (v) Life Technologies Clarient will provide customer service and support for the Professional Component of the Diagnostic Tests using substantially similar methods and adhering to substantially similar standards that it generally employs with respect to its other products and tests.