Common use of Signs; Use of Company Name Clause in Contracts

Signs; Use of Company Name. Prior to December 31, 2005, Chaparral shall remove (or, if necessary, on an interim basis cover up) any and all exterior and interior signs and identifiers on the Transferred Assets that refer or pertain to TXI, any TXI Party or the Retained Business, in the case of Chaparral, or that refer or pertain to Chaparral, any Chaparral Party or the Chaparral Business on the Retained Assets, in the case of TXI. Such removal shall be at the expense of the Party that owns the signs. After such period, (i) the Chaparral Parties shall not use or display the names “Texas Industries”, “TXI” or any variations thereof, or other Trademarks, trade names, logos or identifiers using any of such names or otherwise owned by or licensed to any TXI Party that have not been assigned or licensed to a Chaparral Party, and (ii) the TXI Parties shall not use or display the name “Chaparral” or any variations thereof, or other Trademarks, trade names, logos or identifiers using any of such names or otherwise owned by or licensed to any Chaparral Party that have not been assigned or licensed to a TXI Party (collectively, the “Non-Permitted Names”), without the prior written consent of the other Party; provided, however, that notwithstanding the foregoing, nothing contained in this Agreement shall prevent either Party from using the other’s name in public filings with Governmental Authorities, materials intended for distribution to either Party’s stockholders or any other communication in any medium that describes the relationship between the Parties, including materials distributed to employees relating to the transition of employee benefit plans; provided further that Chaparral shall be permitted to use its inventories of packaging and promotional materials and other supplies existing on the date hereof that bear the TXI name or logo until June 30, 2006.

Signs; Use of Company Name. Prior to December 31March 1, 20052015, Chaparral shall (i) Halyard shall, at its expense, remove (or, if necessary, on an interim basis cover up) any and all exterior and interior signs and identifiers on the Transferred Assets that refer or pertain to TXI, any TXI Xxxxxxxx-Xxxxx Party or the Retained Business, in and (ii) Xxxxxxxx-Xxxxx shall, at its expense remove (or, if necessary, on an interim basis cover up) any and all exterior and interior signs and identifiers on the case of Chaparral, or Retained Assets that refer or pertain to Chaparral, any Chaparral Halyard Party or the Chaparral Business on the Retained Assets, in the case of TXI. Such removal shall be at the expense of the Party that owns the signsTransferred Business. After such period, except as otherwise permitted by the terms of the Operating Agreements (i) the Chaparral Halyard Parties shall not use or display the names name “Texas Industries”, “TXIXxxxxxxx-Xxxxx” or any variations thereof, or other Trademarkstrademarks, trade namesany tradenames, logos or identifiers using any of such names or otherwise owned by or licensed to any TXI Xxxxxxxx-Xxxxx Party that have not been assigned or licensed to a Chaparral Halyard Party, and (ii) the TXI Xxxxxxxx-Xxxxx Parties shall not use or display the name “ChaparralHalyard Health” or any variations thereof, or other Trademarkstrademarks, trade namestradenames, logos or identifiers using any of such names or otherwise owned by or licensed to any Chaparral Halyard Party that have not been assigned or licensed to a TXI Xxxxxxxx-Xxxxx Party (collectively, the “Non-Permitted Names”), without the prior written consent of the other Party; provided, however, that notwithstanding the foregoing, nothing contained in this Agreement shall prevent either Party from using the other’s name in public filings with Governmental Authorities, materials intended for distribution to either Party’s stockholders or any other communication in any medium that describes the relationship between the Parties, including materials distributed to employees relating to the transition of employee benefit plans; and provided further that Chaparral Halyard shall be permitted to use its inventories of packaging and promotional materials and other supplies existing on the date hereof that bear the TXI Xxxxxxxx-Xxxxx name or logo until June 30March 1, 20062015.

Signs; Use of Company Name. Prior to December 31, 20052004, Chaparral the Parties, at Neenah’s expense, shall remove (or, if necessary, on an interim basis cover up) any and all exterior and interior signs and identifiers on the Transferred Assets that refer or pertain to TXI, any TXI Kxxxxxxx-Xxxxx Party or the Retained Business, in the case of ChaparralNeenah, or that refer or pertain to Chaparral, any Chaparral Neenah Party or the Chaparral Transferred Business on the Retained Assets, in the case of TXI. Such removal shall be at the expense of the Party that owns the signsKxxxxxxx-Xxxxx. After such period, (i) the Chaparral Neenah Parties shall not use or display the names name “Texas Industries”, “TXIKxxxxxxx-Xxxxx,” or any variations thereof, or other Trademarkstrademarks, trade namesany tradenames, logos or identifiers using any of such names or otherwise owned by or licensed to any TXI Kxxxxxxx-Xxxxx Party that have not been assigned or licensed to a Chaparral Neenah Party, and (ii) the TXI Kxxxxxxx-Xxxxx Parties shall not use or display the name “ChaparralNeenah” or any variations thereof, or other Trademarkstrademarks, trade namestradenames, logos or identifiers using any of such names or otherwise owned by or licensed to any Chaparral Neenah Party that have not been assigned or licensed to a TXI Kxxxxxxx-Xxxxx Party (collectively, the “Non-Permitted Names”” ), without the prior written consent of the other Party; provided, however, that notwithstanding the foregoing, nothing contained in this Agreement shall prevent either Party from using the other’s name in public filings with Governmental Authorities, materials intended for distribution to either Party’s stockholders or any other communication in any medium that describes the relationship between the Parties, including materials distributed to employees relating to the transition of employee benefit plans; provided further that Chaparral Neenah shall be permitted to use its inventories of packaging and promotional materials and other supplies existing on the date hereof that bear the TXI Kxxxxxxx-Xxxxx name or logo until [•] days June 30, 20062005.

Signs; Use of Company Name. Prior to December 31, 2005, Chaparral the Parties, at Chaparral’s expense, shall remove (or, if necessary, on an interim basis cover up) any and all exterior and interior signs and identifiers on the Transferred Assets that refer or pertain to TXI, any TXI Party or the Retained Business, in the case of Chaparral, or that refer or pertain to Chaparral, any Chaparral Party or the Chaparral Business on the Retained Assets, in the case of TXI. Such removal shall be at the expense of the Party that owns the signs. After such period, (i) the Chaparral Parties shall not use or display the names “Texas Industries”, “TXI” or any variations thereof, or other Trademarks, trade names, logos or identifiers using any of such names or otherwise owned by or licensed to any TXI Party that have not been assigned or licensed to a Chaparral Party, and (ii) the TXI Parties shall not use or display the name “Chaparral” or any variations thereof, or other Trademarks, trade names, logos or identifiers using any of such names or otherwise owned by or licensed to any Chaparral Party that have not been assigned or licensed to a TXI Party (collectively, the “Non-Permitted Names”), without the prior written consent of the other Party; provided, however, that notwithstanding the foregoing, nothing contained in this Agreement shall prevent either Party from using the other’s name in public filings with Governmental Authorities, materials intended for distribution to either Party’s stockholders or any other communication in any medium that describes the relationship between the Parties, including materials distributed to employees relating to the transition of employee benefit plans; provided further that Chaparral shall be permitted to use its inventories of packaging and promotional materials and other supplies existing on the date hereof that bear the TXI name or logo until June 30, 20062005.

Signs; Use of Company Name. Prior to December 31February 28, 2005, Chaparral the Parties, at Neenah’s expense, shall remove (or, if necessary, on an interim basis cover up) any and all exterior and interior signs and identifiers on the Transferred Assets that refer or pertain to TXI, any TXI Xxxxxxxx-Xxxxx Party or the Retained Business, in the case of ChaparralNeenah, or that refer or pertain to Chaparral, any Chaparral Neenah Party or the Chaparral Transferred Business on the Retained Assets, in the case of TXI. Such removal shall be at the expense of the Party that owns the signsXxxxxxxx-Xxxxx. After such period, (i) the Chaparral Neenah Parties shall not use or display the names name “Texas Industries”, “TXIXxxxxxxx-Xxxxx,” or any variations thereof, or other Trademarkstrademarks, trade namesany tradenames, logos or identifiers using any of such names or otherwise owned by or licensed to any TXI Xxxxxxxx-Xxxxx Party that have not been assigned or licensed to a Chaparral Neenah Party, and (ii) the TXI Xxxxxxxx-Xxxxx Parties shall not use or display the name “ChaparralNeenah” or any variations thereof, or other Trademarkstrademarks, trade namestradenames, logos or identifiers using any of such names or otherwise owned by or licensed to any Chaparral Neenah Party that have not been assigned or licensed to a TXI Xxxxxxxx-Xxxxx Party (collectively, the “Non-Permitted Names”), without the prior written consent of the other Party; provided, however, that notwithstanding the foregoing, nothing contained in this Agreement shall prevent either Party from using the other’s name in public filings with Governmental Authorities, materials intended for distribution to either Party’s stockholders or any other communication in any medium that describes the relationship between the Parties, including materials distributed to employees relating to the transition of employee benefit plans; provided further that Chaparral Neenah shall be permitted to use its inventories of packaging and promotional materials and other supplies existing on the date hereof that bear the TXI Xxxxxxxx-Xxxxx name or logo until June 30August 31, 20062005.

Signs; Use of Company Name. Prior to December 31March 1, 20052015, Chaparral shall (i) Halyard shall, at its expense, remove (or, if necessary, on an interim basis cover up) any and all exterior and interior signs and identifiers on the Transferred Assets that refer or pertain to TXI, any TXI Xxxxxxxx-Xxxxx Party or the Retained Business, in and (ii) Xxxxxxxx-Xxxxx shall, at its expense remove (or, if necessary, on an interim basis cover up) any and all exterior and interior signs and identifiers on the case of Chaparral, or Retained Assets that refer or pertain to Chaparral, any Chaparral Halyard Party or the Chaparral Business on the Retained Assets, in the case of TXI. Such removal shall be at the expense of the Party that owns the signsTransferred Business. After such period, except as otherwise permitted by the terms of the Operating Agreements (i) the Chaparral Halyard Parties shall not use or display the names name “Texas Industries”, “TXIXxxxxxxx-Xxxxx” or any variations thereof, or other Trademarkstrademarks, trade namesany tradenames, logos or identifiers using any of such names or otherwise owned by or licensed to any TXI Xxxxxxxx-Xxxxx Party that have not been assigned or licensed to a Chaparral Halyard Party, and (ii) the TXI Xxxxxxxx-Xxxxx Parties shall not use or display the name “ChaparralHalyard Health” or any variations thereof, or other Trademarkstrademarks, trade namestradenames, logos or identifiers using any of such names or otherwise owned by or licensed to any Chaparral Halyard Party that have not been assigned or licensed to a TXI Xxxxxxxx-Xxxxx Party (collectively, the “Non-Permitted Names”), without the prior written consent of the other Party; provided, however, that notwithstanding the foregoing, nothing contained in this Agreement shall prevent either Party from using the other’s name in public filings with Governmental Authorities, materials intended for distribution to either Party’s stockholders or any other communication in any medium that describes the relationship between the Parties, including materials distributed to employees relating to the transition of employee benefit plans; and provided further that Chaparral Halyard shall be permitted to use its inventories of packaging and promotional materials and other supplies existing on the date hereof that bear the TXI Xxxxxxxx-Xxxxx name or logo until June 30March 1, 20062015; and provided further, nothing in this Section 6.12 shall limit the right of the Halyard Parties to use the Xxxxxxxx-Xxxxx name or logo to the extent permitted under the terms of a Trademark License Agreement.