Common use of Trademark Clause in Contracts

Trademark. (a) Lexicon filed an application for registration of the name “Xermelo” with the Office for Harmonization in the Internal Market and such registration was approved by the EMA on 25 April 2014. (b) Lexicon shall be responsible for securing and for maintaining at Xxxxx’x expense the Licensed Trademark in the Licensed Territory and shall use Diligent Efforts in that regard. In the event Lexicon is unable to obtain or maintain the Licensed Trademark in some country(ies) in the Licensed Territory, the Parties shall negotiate in good faith concerning the selection of such other trademarks (i.e., back-up names) as may be available for marketing the Licensed Product in those countries. (c) All rights granted hereunder to Ipsen with respect to the Licensed Trademark shall be exercised, and all Licensed Products bearing the Licensed Trademark shall be manufactured, in accordance with quality standards established by the JCC, which quality standards shall be approved by Lexicon for consistency with the quality standards applied by Lexicon to its own products and the Parties shall reasonably cooperate to enable Lexicon to monitor Xxxxx’x compliance with such quality standards. (d) Confusion with LX1033. To avoid any confusion or association with its other small molecule inhibitor TPH LX1033, if Lexicon continues to directly or indirectly, or through any Third Party, develop, commercialize, distribute or otherwise exploit LX1033, Lexicon agrees that: (i) it will not seek Marketing Authorization for LX1033 in the Licensed Territory under: (A) the Licensed Trademark, or (B) a tradename that is identical, similar to or is confusingly similar to the Licensed Trademark. (ii) Following the Effective Date, Lexicon will use reasonable efforts to have the EMA approve the invented name “Xermelo” to apply to the Licensed Product designated under the INN “telotristat etiprate”. (iii) Lexicon agrees to request an INN for LX1033 other than “telotristat” with the World Health Organization (“WHO”) and a new United States Adopted Name (“USAN”) for LX1033 with the United States Adopted Name Council (“USAN Council”). (e) The Parties shall cooperate with each other and use Diligent Efforts to protect the Licensed Trademark from infringement by Third Parties in the Licensed Territory. Without limiting the foregoing, each Party shall promptly notify the other Party of any known, threatened or suspected infringement, imitation or unauthorized use of or unfair competition relating to the Licensed Trademark in the Licensed Territory. Lexicon shall have the first right to determine in its discretion whether to and to what extent to institute, prosecute and/or defend any action or proceedings involving or affecting any rights relating to the Licensed Trademark. Upon Lexicon’s reasonable request, Ipsen shall cooperate with and assist Lexicon in any of Lexicon’s enforcement efforts with respect to the Licensed Trademark. Lexicon shall promptly inform Ipsen if Lexicon elects not to take action against any actual or suspected infringement of the Licensed Trademark in the Licensed Territory, in which case, Ipsen shall then have the right, but not the obligation, to bring or assume control of any such action against the allegedly infringing Third Party as Ipsen determines may be necessary, provided however, that Ipsen shall not enter into any settlement or compromise of any claim relating to the Licensed Trademark without the prior written consent of Lexicon. In the event that Ipsen brings or assumes control of any such action, then Lexicon agrees to reasonably assist Ipsen in connection therewith. In either case, the Party that initiated and prosecuted, or maintained the defense of the action shall bear all of the costs and expenses (including reasonable attorneys’ fees) incurred in connection with the action and shall be entitled to recoup those amounts in the event of recovery, by settlement or otherwise. The amount of any recovery remaining as to any such infringement in the Licensed Territory shall be shared equally by the Parties. (f) The Parties, including any future licensee of Lexicon in the Lexicon Territory, to the extent reasonably feasible shall collaborate to have a global, worldwide trademark to be used on the Licensed Product in the Licensed Territory and in the Lexicon Territory.

Trademark. (ai) Lexicon filed an application for registration of the name “Xermelo” with the Office for Harmonization The Product will be Commercialized by Chiesi in the Internal Market and such registration was approved by the EMA on 25 April 2014. (b) Lexicon shall be responsible for securing and for maintaining at Xxxxx’x expense the Licensed Trademark Field in the Licensed Territory and shall use Diligent Efforts exclusively under the trademark “Glybera” (as defined in that regardSchedule 2.2(a)) or, subject to the prior written consent of uniQure, such alternative trademark identified by Chiesi (the “Trademark”). In the event Lexicon that Chiesi provides sufficient written evidence to uniQure that the use of an alternative trademark is unable required under Applicable Laws to obtain or maintain lawfully Commercialize the Licensed Trademark in some country(ies) in the Licensed Territory, the Parties shall negotiate in good faith concerning the selection of such other trademarks (i.e., back-up names) as may be available for marketing the Licensed Product in those countries. (c) All rights granted hereunder to Ipsen with respect to any country or jurisdiction of the Licensed Trademark shall be exercised, Territory and all Licensed Products bearing the Licensed Trademark shall be manufactured, in accordance with quality standards established by the JCC, which quality standards shall be approved by Lexicon for consistency with the quality standards applied by Lexicon to its own products and the Parties shall reasonably cooperate to enable Lexicon to monitor Xxxxx’x compliance with such quality standards. (d) Confusion with LX1033. To avoid if Chiesi identifies any confusion or association with its other small molecule inhibitor TPH LX1033, if Lexicon continues to directly or indirectly, or through any Third Party, develop, commercialize, distribute or otherwise exploit LX1033, Lexicon agrees that: (i) it will not seek Marketing Authorization for LX1033 in the Licensed Territory under: (A) the Licensed Trademark, or (B) a tradename that is identical, similar to or is confusingly similar to the Licensed Trademark. (ii) Following the Effective Date, Lexicon will use reasonable efforts to have the EMA approve the invented name “Xermelo” to apply to the Licensed Product designated under the INN “telotristat etiprate”. (iii) Lexicon agrees to request an INN for LX1033 trademark other than “telotristatGlybera” with for this purpose, then Chiesi shall be entitled to Commercialize the World Health Organization (Product under such alternative trademark without the prior written consent of uniQure. In the event that Chiesi identifies any trademark other than “WHO”) Glybera” for other material commercial reasons, Chiesi shall provide sufficient written evidence for such reasons to uniQure and a new United States Adopted Name (“USAN”) for LX1033 with the United States Adopted Name Council (“USAN Council”). (e) The Parties shall cooperate with each other and use Diligent Efforts to protect the Licensed Trademark from infringement by Third Parties in the Licensed Territory. Without limiting the foregoing, each Party shall promptly notify the other Party of any known, threatened or suspected infringement, imitation or unauthorized use of or unfair competition relating to the Licensed Trademark in the Licensed Territory. Lexicon shall have the first right to determine in its discretion whether to and to what extent to institute, prosecute and/or defend any action or proceedings involving or affecting any rights relating to the Licensed Trademark. Upon Lexicon’s reasonable request, Ipsen shall cooperate with and assist Lexicon in any of Lexicon’s enforcement efforts with respect to the Licensed Trademark. Lexicon shall promptly inform Ipsen if Lexicon elects not to take action against any actual or suspected infringement of the Licensed Trademark in the Licensed Territory, in which case, Ipsen shall then have the right, but not the obligation, to bring or assume control of any such action against the allegedly infringing Third Party as Ipsen determines may be necessary, provided however, that Ipsen shall not enter into any settlement or compromise of any claim relating be entitled to Commercialize the Licensed Product under an alternative Trademark without the prior written consent of LexiconuniQure, such consent not to be unreasonably withheld. Chiesi shall inform uniQure promptly of the need of such alternative trademark, such notice to be accompanied by the aforementioned written evidence and a list of at least [**] alternative trademarks identified by Chiesi and suitable for Commercialization of the Product throughout the entire Territory. (ii) In case the Product is Commercialized by Chiesi under the Trademark “Glybera”, uniQure hereby grants to Chiesi the exclusive, royalty-free, perpetual, irrevocable, right and license (subject to Section 9.3 below) to use the Trademark “Glybera” to Commercialize the Product solely in the Field in the Territory, with the right to grant sublicenses to Sub-distributors according to Section 2.1(b). Further, uniQure hereby grants to Chiesi the non-exclusive, royalty-free, right and license to use uniQure’s trade name (as defined in Schedule 2.2(a)) in each country of the Territory during the Term solely for the purpose of identifying uniQure as the manufacturer and Marketing Authorization holder of the Product as contemplated in this Agreement. (iii) Chiesi acknowledges that, subject to the foregoing licenses, uniQure shall own all right, title and interest in and to the Trademark “Glybera” inside and outside the Field, whether inside or outside of the Territory as well as any goodwill associated with the Trademark “Glybera”. Chiesi shall ensure appropriate use of the trademark “Glybera” at all times in the entire Territory and observe the applicable trademark use guidelines issued by uniQure, as amended from time, attached in Schedule 2.2(b). Chiesi shall not, during the Term or thereafter, register, use, or attempt to obtain any right in and to (A) the trademarks “Glybera” and “uniQure”, or (B) any name, logo or trademark confusingly similar thereto. If Chiesi or any of its Affiliates or Sub-distributors challenges the validity of any such trademark during the Term, uniQure may terminate this Agreement in accordance with the provisions of Section 9.2(d). uniQure undertakes to maintain and defend the Trademark “Glybera” in each country inside the Territory during and, for as long as Chiesi retains licenses thereto, after the Term at its own cost. In the event that Ipsen brings at any time during such term uniQure intends not to continue prosecution or assumes control maintenance of such Trademark anywhere inside the Territory, it shall inform Chiesi at least [**] days prior to doing so and shall, upon request of Chiesi transfer all right, title and interest in such Trademark in such country or jurisdiction to Chiesi for further prosecution and maintenance by Chiesi in Chiesi’s name and at Chiesi’s costs and Chiesi shall reimburse uniQure for any reasonable external costs incurred by uniQure for such transfer. (iv) uniQure acknowledges that except as otherwise expressly provided in this Agreement, Chiesi shall own all right, title and interest in and to any Trademark other than the trademark “Glybera” as well as any goodwill associated therewith. In case the Product is Commercialized by Chiesi under such alternative Trademark, Chiesi hereby grants to uniQure an exclusive, royalty-free, perpetual, irrevocable, right and license (subject to Section 9.3 below) to use such Trademark to Manufacture and Commercialize the Product outside the Territory, with the right to grant sublicenses. uniQure shall not, during the Term or thereafter, register, use, or attempt to obtain any right in and to (A) such Trademark and the “Chiesi” trademark, or (B) any name, logo or trademark confusingly similar thereto. If uniQure or any of its Affiliates challenges the validity of any such actiontrademark during the Term, then Lexicon agrees Chiesi may terminate this Agreement in accordance with the provisions of Section 9.2(d). Chiesi undertakes to reasonably assist Ipsen obtain, maintain and defend such Trademark in connection therewitheach country inside and, as requested by uniQure, outside of the Territory during and, for as long as uniQure retains licenses thereto, after the Term at its own cost. In either case, the Party event that initiated and prosecuted, at any time during such term Chiesi intends not to continue prosecution or maintained the defense maintenance of such Trademark anywhere inside or outside of the action Territory it shall bear inform uniQure at least [**] days prior to doing so and shall, upon request of uniQure transfer all of the right, title and interest in such Trademark in such country or jurisdiction to uniQure for further prosecution and maintenance by uniQure in uniQure’s name and at uniQure’s costs and expenses (including uniQure shall reimburse Chiesi for any reasonable attorneys’ fees) external costs incurred in connection with the action and shall be entitled to recoup those amounts in the event of recovery, by settlement or otherwise. The amount of any recovery remaining as to any Chiesi for such infringement in the Licensed Territory shall be shared equally by the Partiestransfer. (f) The Parties, including any future licensee of Lexicon in the Lexicon Territory, to the extent reasonably feasible shall collaborate to have a global, worldwide trademark to be used on the Licensed Product in the Licensed Territory and in the Lexicon Territory.

Trademark. (a) Lexicon filed an application 3.1 Subject to the terms of this Agreement, ZOGENIX hereby grants to DESITIN, its Affiliates and permitted sub-licensees a license to the Trademark for registration no additional consideration. 3.2 DESITIN will use the Trademark to identify the Product and in its development and commercialisation of the name “Xermelo” with the Office for Harmonization Product in the Internal Market Territory. Therefore, DESITIN shall use the Trademark as part of the Product name along with such other words as ZOGENIX and such registration was approved by DESITIN shall mutually agree are appropriate for the EMA on 25 April 2014. (b) Lexicon shall be responsible for securing and for maintaining at Xxxxx’x expense commercialisation of the Licensed Trademark Product in the Licensed Territory and shall use Diligent Efforts in that regardTerritory. In the event Lexicon is unable to obtain or maintain the Licensed Trademark in some country(ies) in the Licensed Territory, the Parties shall negotiate in good faith concerning the selection of such other trademarks (i.e., back-up names) as may be available for marketing the Licensed Product in those countries. (c) All rights granted hereunder to Ipsen with respect to the Licensed The Trademark shall be exercisedowned and registered by ZOGENIX or its nominee and ZOGENIX or its nominee shall ensure that the registration of such Trademark is kept valid within the Territory, and all Licensed Products bearing unless otherwise agreed upon between the Licensed Parties in writing. 3.3 The Trademark shall only be manufactured, used in accordance connection with quality standards established by sale and marketing of the JCC, which quality standards shall be approved by Lexicon for consistency with Product within the quality standards applied by Lexicon Field and other activities pursuant to its own products and this Agreement in the Parties shall reasonably cooperate to enable Lexicon to monitor Xxxxx’x compliance with such quality standardsTerritory. (d) Confusion with LX10333.4 DESITIN shall ensure that each use by it, its Affiliates and permitted sub-licensees of the Trademark is accompanied by an acknowledgement that the Trademark is owned by ZOGENIX. To avoid any confusion or association with DESITIN, its other small molecule inhibitor TPH LX1033, if Lexicon continues to directly or indirectly, or through any Third Party, develop, commercialize, distribute or otherwise exploit LX1033, Lexicon agrees that: (i) it will Affiliates and permitted sub-licensees shall not seek Marketing Authorization for LX1033 in the Licensed Territory under: (A) use the Licensed TrademarkTrademark in a way that might materially prejudice its distinctiveness or validity or the goodwill of ZOGENIX therein, or or (B) a tradename that is identicaluse any trademarks or trade names so resembling the Trademark as to be likely to cause confusion or deception. 3.5 DESITIN shall not have, similar to assert or is confusingly similar acquire any right, title or interest in or to the Licensed TrademarkTrademark or the goodwill pertaining thereto, except as explicitly provided in Clause 3.1 of this Agreement. (ii) Following the Effective Date, Lexicon will use reasonable efforts to have the EMA approve the invented name “Xermelo” to apply to the Licensed Product designated under the INN “telotristat etiprate”. (iii) Lexicon agrees to request an INN for LX1033 other than “telotristat” with the World Health Organization (“WHO”) and a new United States Adopted Name (“USAN”) for LX1033 with the United States Adopted Name Council (“USAN Council”). (e) The Parties 3.6 DESITIN shall cooperate with each other and use Diligent Efforts to protect the Licensed Trademark from infringement by Third Parties in the Licensed Territory. Without limiting the foregoing, each Party shall promptly notify the other Party give ZOGENIX prompt notice of any known, infringement or threatened or suspected infringement, imitation or unauthorized use infringement of or unfair competition relating to the Licensed Trademark in the Licensed TerritoryTrademark. Lexicon ZOGENIX shall have the first right to determine in its sole discretion whether what action, if any, to and to what extent to institute, prosecute and/or defend any action or proceedings involving or affecting any rights relating take in response to the Licensed Trademark. Upon Lexicon’s reasonable request, Ipsen shall cooperate with and assist Lexicon in any of Lexicon’s enforcement efforts with respect to the Licensed Trademark. Lexicon shall promptly inform Ipsen if Lexicon elects not to take action against any actual infringement or suspected threatened infringement of the Licensed Trademark in the Licensed Territory, in which case, Ipsen shall then have the right, but not the obligation, to bring or assume control of any such action against the allegedly infringing Third Party as Ipsen determines may be necessary, provided however, that Ipsen shall not enter into any settlement or compromise of any claim relating to the Licensed Trademark without the prior written consent of Lexicon. In the event that Ipsen brings or assumes control of any such action, then Lexicon agrees to reasonably assist Ipsen in connection therewith. In either case, the Party that initiated and prosecuted, or maintained the defense of the action shall bear all of the costs and expenses (including reasonable attorneys’ fees) incurred in connection with the action and shall be entitled to recoup those amounts in the event of recovery, by settlement or otherwise. The amount of any recovery remaining as to any such infringement in the Licensed Territory shall be shared equally by the PartiesTrademark. (f) The Parties, including any future licensee of Lexicon in the Lexicon Territory, to the extent reasonably feasible shall collaborate to have a global, worldwide trademark to be used on the Licensed Product in the Licensed Territory and in the Lexicon Territory.

Trademark. 11.1 During the term of this Agreement, COMPANY hereby grants to the Distributor, a non-exclusive license to use the Trademark which is registered in the Territory by COMPANY (“Trademark”) for the purpose of sales and promotion within the Territory. When the Distributor uses the Trademark, it shall indicate clearly that the Trademark is registered in the name of COMPANY. 11.2 When the Distributor intends to use the Trademark under paragraph 11.1, prior to use, the Distributor shall, inform COMPANY of the manner of such use and submit a sample of any materials including but not limited to, catalogues, leaflets, posters, newspapers, bearing the Trademark for prior inspection and approval by COMPANY. When the Distributor wishes to change the approved use of the Trademark, prior to change the Distributor shall inform COMPANY of the desired change and submit a sample of the materials bearing the altered use of the Trademark for prior inspection and approval by COMPANY. In any event, the manner of use of the Trademark or any change thereof shall be subject to COMPANY’s prior approval and the Distributor shall not use the Trademark in any other manner than approved in advance by COMPANY. 11.3 The Distributor recognizes that any of the Trademarks, trade names, designs, copyrights and other proprietary rights, used on or embodied in the Contract Products(“Proprietary Rights”) shall remain the exclusive property of COMPANY. The Distributor shall not have or acquire any right, title or interest in Proprietary Rights. 11.4 During the terms of this Agreement or even after termination, the Distributor shall not: (a) Lexicon filed an application for registration of Use the name “Xermelo” with Trademark or similar trademark on any other products than COMPANY’s nor let other companies use the Office for Harmonization in the Internal Market and such registration was approved by the EMA on 25 April 2014Trademark. (b) Lexicon shall be responsible Directly or indirectly apply for securing and for maintaining at Xxxxx’x expense the Licensed registration of the Trademark in the Licensed Territory and shall use Diligent Efforts in that regard. In the event Lexicon is unable to obtain or maintain the Licensed Trademark in some country(ies) in the Licensed Territory, the Parties shall negotiate in good faith concerning the selection of such other trademarks (i.e., back-up names) as may be available for marketing the Licensed Product in those countries. (c) All rights granted hereunder to Ipsen any similar trademark with respect to the Licensed Contract Products or any other materials in any country of the world. 11.5 The Distribution may, with the prior written consent of COMPANY, indicate that it is an authorized distributor of the Contract Products. 11.6 When the Distributor finds that a third party infringes or impairs the Trademark or COMPANY’s goodwill involved therein, or when a third party brings a claim, suit or action against COMPANY or the Distributor on the ground that the Distributor’s use of the Trademark may infringe on the third party’s rights, the Distributor shall be exercisedpromptly inform COMPANY thereof and co-operate with COMPANY to settle the problem. 11.7 Upon termination of this Agreement for any cause, the Distributor shall cease holding itself out as a distributor of the Contract Products and all Licensed Products bearing the Licensed Trademark shall be manufacturedcease using, in accordance with quality standards established by the JCCany way, which quality standards shall be approved by Lexicon for consistency with the quality standards applied by Lexicon to COMPANY’s name, or its own products and the Parties shall reasonably cooperate to enable Lexicon to monitor Xxxxx’x compliance with such quality standardsProprietary Rights or any material similar threrto. (d) Confusion with LX1033. To avoid any confusion or association with 11.8 COMPANY, at its other small molecule inhibitor TPH LX1033discretion, if Lexicon continues to directly or indirectly, or through any Third Party, develop, commercialize, distribute or otherwise exploit LX1033, Lexicon agrees that: (i) it will not seek Marketing Authorization for LX1033 in the Licensed Territory under: (A) the Licensed Trademark, or (B) a tradename that is identical, similar to or is confusingly similar to the Licensed Trademark. (ii) Following the Effective Date, Lexicon will use reasonable efforts to have the EMA approve the invented name “Xermelo” to apply to the Licensed Product designated under the INN “telotristat etiprate”. (iii) Lexicon agrees to request an INN for LX1033 other than “telotristat” with the World Health Organization (“WHO”) and a new United States Adopted Name (“USAN”) for LX1033 with the United States Adopted Name Council (“USAN Council”). (e) The Parties shall cooperate with each other and use Diligent Efforts to protect the Licensed Trademark from infringement by Third Parties in the Licensed Territory. Without limiting the foregoing, each Party shall promptly notify the other Party of any known, threatened or suspected infringement, imitation or unauthorized use of or unfair competition relating to the Licensed Trademark in the Licensed Territory. Lexicon shall have the first right to determine in its discretion whether record the existence of the license hereunder, or require the Distributor to and to what extent to instituteregister as a registered user. 11.9 The Distributor shall not alter, prosecute and/or defend any action deface, remove, cover or proceedings involving or affecting any rights relating to the Licensed Trademark. Upon Lexicon’s reasonable request, Ipsen shall cooperate with and assist Lexicon mutilate in any of Lexiconmanner the Trademark , serial or model number, brand, or COMPANY’s enforcement efforts with respect name attached or affixed to the Licensed Trademark. Lexicon shall promptly inform Ipsen if Lexicon elects not to take action against any actual or suspected infringement of the Licensed Trademark in the Licensed TerritoryContract Products, in which case, Ipsen shall then have the right, but not the obligation, to bring or assume control of any such action against the allegedly infringing Third Party as Ipsen determines may be necessary, provided however, that Ipsen shall not enter into any settlement or compromise of any claim relating to the Licensed Trademark without the prior written consent of Lexicon. In the event that Ipsen brings or assumes control of any such action, then Lexicon agrees to reasonably assist Ipsen in connection therewith. In either case, the Party that initiated and prosecuted, or maintained the defense of the action shall bear all of the costs and expenses (including reasonable attorneys’ fees) incurred in connection with the action and shall be entitled to recoup those amounts in the event of recovery, by settlement or otherwise. The amount of any recovery remaining as to any such infringement in the Licensed Territory shall be shared equally by the PartiesCOMPANY. (f) The Parties, including any future licensee of Lexicon in the Lexicon Territory, to the extent reasonably feasible shall collaborate to have a global, worldwide trademark to be used on the Licensed Product in the Licensed Territory and in the Lexicon Territory.

Trademark. (a) Lexicon filed an application for registration During the Term, Licensee shall be the sole owner of the name “Xermelo” Assigned Trademarks and solely responsible, at its own cost, for the registration, filing, and maintenance of the Assigned Trademarks. Licensee shall keep Lipocine reasonably informed with respect to such activities, consult in good faith with Lipocine regarding such activities, and provide Lipocine with copies of all of material communications and filings with the Office for Harmonization in trademark authority. Licensee shall not abandon the Internal Market Assigned Trademark without Lipocine’s prior written consent. In the event Licensee materially fails to fulfill its obligations under this Section 5.9 and such registration was approved by failure materially adversely affects Lipocine or the EMA on 25 April 2014Assigned Trademarks, Licensee shall assign back to Lipocine the Assigned Trademark and all associated goodwill therein within [***] days following notice of such failure from Lipocine if Licensee fails to cure such failure within such [***] day notice period. In the event the Assigned Trademark and all associated goodwill is assigned back to Lipocine, such Assigned Trademark and all associated goodwill shall automatically be deemed licensed to Licensee and shall be considered Licensed Technology, subject to the terms and conditions of this Agreement, including Section 5.9(c). (b) Lexicon In addition to the Assigned Trademark, Licensee shall have the right to use and apply for additional trademarks for Licensed Products (including for the Second Product if applicable) for use in the Field in the Territory (“Additional Trademarks”). Licensee shall be responsible the sole owner of any Additional Trademarks and shall be solely responsible, at its own cost, for securing the registration, filing, and maintenance of any Additional Trademark. For avoidance of doubt, subject to Section 5.9(c), Lipocine shall have the right to use and apply for maintaining at Xxxxx’x expense any trademark for Licensed Products outside the Licensed Trademark Field in the Licensed Territory and shall use Diligent Efforts in that regard. In outside the event Lexicon is unable to obtain Territory inside or maintain outside the Licensed Trademark in some country(ies) in the Licensed Territory, the Parties shall negotiate in good faith concerning the selection of such other trademarks (i.e., back-up names) as may be available for marketing the Licensed Product in those countriesField. (c) All rights granted hereunder to Ipsen Neither Party shall, directly or indirectly: (i) use in their respective businesses, any trademark that is confusingly similar to, misleading or deceptive with respect to the Licensed or that dilutes any Assigned Trademark shall be exercisedor Additional Trademark, and all Licensed Products bearing the Licensed Trademark shall be manufactured(ii) do any act which endangers, destroys, or similarly affects, in accordance any material respect, the value of the goodwill pertaining to the Assigned Trademark or Additional Trademark, or (iii) attack, dispute, or contest the validity of or ownership of the Assigned Trademark or Additional Trademark. Licensee shall conform to the customary industry standards for the protection of the Assigned Trademark and Additional Trademark with quality standards established by respect to manner of use of the JCC, which quality standards shall be approved by Lexicon for consistency with Assigned Trademark and Additional Trademark in the quality standards applied by Lexicon to its own products and Field in the Parties shall reasonably cooperate to enable Lexicon to monitor Xxxxx’x compliance with such quality standardsTerritory. (d) Confusion with LX1033. To avoid any confusion or association with its other small molecule inhibitor TPH LX1033, if Lexicon continues to directly or indirectly, or through any Third Party, develop, commercialize, distribute or otherwise exploit LX1033, Lexicon agrees that: (i) it will not seek Marketing Authorization for LX1033 in the Licensed Territory under: (A) the Licensed Trademark, or (B) a tradename that is identical, similar to or is confusingly similar to the Licensed Trademark. (ii) Following the Effective Date, Lexicon will use reasonable efforts to have the EMA approve the invented name “Xermelo” to apply to the Licensed Product designated under the INN “telotristat etiprate”. (iii) Lexicon agrees to request an INN for LX1033 other than “telotristat” with the World Health Organization (“WHO”) and a new United States Adopted Name (“USAN”) for LX1033 with the United States Adopted Name Council (“USAN Council”). (e) The Parties Licensee shall cooperate with each other and use Diligent Efforts to protect the Licensed Trademark from infringement by Third Parties in the Licensed Territory. Without limiting the foregoing, each Party shall promptly notify the other Party of any known, threatened or suspected infringement, imitation or unauthorized use of or unfair competition relating to the Licensed Trademark in the Licensed Territory. Lexicon shall have the first right to determine in its discretion whether to and to what extent to institute, prosecute and/or defend any action or proceedings involving or affecting any rights relating to the Licensed Trademark. Upon Lexicon’s reasonable request, Ipsen shall cooperate with and assist Lexicon in any of Lexicon’s enforcement efforts with respect to the Licensed Trademark. Lexicon shall promptly inform Ipsen if Lexicon elects not to take action against any actual or suspected infringement of the Licensed Trademark in the Licensed Territory, in which case, Ipsen shall then have the right, but not the obligation, to bring or assume control of any such action against the allegedly infringing Third Party as Ipsen determines may be necessary, provided however, that Ipsen shall not enter into any settlement or compromise of any claim relating to the Licensed Trademark without the prior written consent of Lexicon. In the event that Ipsen brings or assumes control of any such action, then Lexicon agrees to reasonably assist Ipsen in connection therewith. In either case, the Party that initiated and prosecuted, or maintained the defense of the action shall bear all of the costs and expenses (including reasonable attorneys’ fees) incurred in connection with the action and shall be entitled to recoup those amounts in the event of recovery, by settlement or otherwise. The amount of any recovery remaining as to any such infringement in the Licensed Territory shall be shared equally by the Parties. (f) The Parties, including any future licensee of Lexicon in the Lexicon Territoryinclude, to the extent reasonably feasible shall collaborate to have a globalpermitted by Applicable Law, worldwide trademark to be used on the label or package insert of each unit of Licensed Product in intended for sale a statement that such Licensed Product (but not the Assigned Trademark) “is produced under license from Lipocine, Inc.” or a similar phrase as mutually agreed by the Parties. Licensee shall mxxx the Licensed Territory and in Products with the Lexicon Territorypatent numbers of all applicable Licensed Patents, consistent with Applicable Laws, including patent marking statutes.

Trademark. 8.1 Honeywell hereby grants Distributor a non-exclusive, royalty free sublicense during the term of this Agreement, to use the trademarks, names and related designs applicable to the Products set out in Schedule A (acollectively, the “Trademarks”) Lexicon filed an application for registration of the name “Xermelo” in a form approved in writing by Honeywell. The Trademarks shall be used solely in connection with the Office for Harmonization in the Internal Market marketing, sale, installation, and such registration was servicing of Products. Use of or linkage between any of Honeywell’s domain names, websites or URLs, or those of Honeywell’s affiliates, and any of Distributor’s must be approved by the EMA on 25 April 2014. (b) Lexicon shall Honeywell in advance in writing. All such use will be responsible for securing and for maintaining at Xxxxx’x expense the Licensed Trademark in the Licensed Territory and shall use Diligent Efforts in that regard. In the event Lexicon is unable to obtain or maintain the Licensed Trademark in some country(ies) in the Licensed Territory, the Parties shall negotiate in good faith concerning the selection of such other trademarks (i.e., back-up names) as may be available for marketing the Licensed Product in those countries. (c) All rights granted hereunder to Ipsen with respect to the Licensed Trademark shall be exercised, and all Licensed Products bearing the Licensed Trademark shall be manufactured, in accordance with quality standards established the Trademark Use Guidelines as set out in Schedule G and as Honeywell notifies Distributor from time to time. Upon expiration or termination of this Agreement, Distributor shall immediately cease any and all use of the Trademarks in any manner. The rights granted to Distributor pursuant to this Agreement are personal to Distributor and may not be transferred, assigned or sublicensed, by operation of law or otherwise, nor may Distributor delegate its obligations hereunder without the JCC, which quality standards shall be approved by Lexicon for consistency with the quality standards applied by Lexicon to its own products and the Parties shall reasonably cooperate to enable Lexicon to monitor Xxxxx’x compliance with such quality standardswritten consent of Honeywell. (d) Confusion with LX10338.2 All such Trademarks, trade names, other marks, product names, domain names, web sites, registrations, URLs, other proprietary information, as well as Honeywell’s patents, and those of Honeywell’s affiliates, are recognized by Distributor as the exclusive intellectual property of Honeywell International Inc. and its affiliates. To avoid All goodwill resulting from the use of the Trademarks by Distributor, including any confusion or association with additional goodwill that may develop because of Distributor’s use of the Trademarks shall inure solely to the benefit of Honeywell International Inc and its other small molecule inhibitor TPH LX1033, if Lexicon continues to directly or indirectly, or through affiliates and Distributor shall not acquire any Third Party, develop, commercialize, distribute or otherwise exploit LX1033, Lexicon agrees that: rights in the Trademarks except the limited use rights specifically granted in this Agreement. Distributor shall not (i) it will not seek Marketing Authorization use the Trademarks in any manner likely to diminish their commercial value; (ii) knowingly use any name, domain name, social media name, logo or icon likely to cause confusion with the Trademarks; (iii) make any representation to the effect that the Trademarks are owned by Distributor; (iv) file or obtain, or cause any third party to file or obtain, any applications or registrations or domain names for LX1033 in the Licensed Territory under: (A) the Licensed Trademark, or (B) a tradename that is identical, similar to Trademarks or is any terms confusingly similar to the Licensed TrademarkTrademarks; or (v) challenge the validity of Honeywell Inc's (or its affiliates’) ownership of the Trademarks. Distributor further shall not at any time, either during the life of or after expiration of this Agreement, contest the validity of the Trademarks or assert or claim any other right to manufacture, sell or offer for sale products under the Trademarks, or any trademark confusingly similar thereto. 8.3 All materials of any kind which contain the Trademarks which Distributor intends to use and its proposed placement must be approved in advance and in writing (iiincluding facsimile) Following the Effective Dateby Honeywell to ensure proper trademark usage by Distributor. Honeywell shall promptly review such Copy received from Distributor and shall not unreasonably withhold its consent. Such Copy shall be deemed disapproved if Honeywell does not provide a reply to Distributor within fifteen (15) business days of Honeywell’s receipt of such proposed Copy. Honeywell may refuse to approve, Lexicon will use reasonable efforts to have the EMA approve the invented name “Xermelo” to apply and Distributor shall not distribute, any materials containing or referring to the Licensed Product designated under Trademark that derogates, erodes or tends to tarnish the INN “telotristat etiprate”Trademark, or otherwise diminish the value of the Trademark, in Honeywell’s opinion. (iii) Lexicon agrees to request an INN for LX1033 other than “telotristat” with the World Health Organization (“WHO”) and a new United States Adopted Name (“USAN”) for LX1033 with the United States Adopted Name Council (“USAN Council”). (e) The Parties shall cooperate with each other and use Diligent Efforts to protect the Licensed Trademark from infringement by Third Parties in the Licensed Territory. Without limiting the foregoing, each Party shall promptly notify the other Party of any known, threatened or suspected infringement, imitation or unauthorized use of or unfair competition relating to the Licensed Trademark in the Licensed Territory. Lexicon shall have the first right to determine in its discretion whether to and to what extent to institute, prosecute and/or defend any action or proceedings involving or affecting any rights relating to the Licensed Trademark. Upon Lexicon’s reasonable request, Ipsen shall cooperate with and assist Lexicon in any of Lexicon’s enforcement efforts with respect to the Licensed Trademark. Lexicon shall 8.4 Distributor will promptly inform Ipsen if Lexicon elects not to take action against Honeywell of any actual or suspected possible infringement of such intellectual property which comes to Distributor’s attention. Honeywell may decide in its sole discretion whether and what steps should be taken to prevent or terminate infringement of the Licensed Trademark Trademarks in the Licensed Territory, in which case, Ipsen shall then have including the right, but not the obligation, to bring or assume control institution of any such action against the allegedly infringing Third Party as Ipsen determines may be necessary, provided however, that Ipsen shall not enter into any legal proceedings and settlement or compromise of any claim relating to or proceeding. Distributor will provide or procure reasonable assistance, such as the Licensed Trademark without furnishing of documents and information and the prior written consent execution of Lexicon. In the event that Ipsen brings or assumes control of any such actionall reasonably necessary documents, then Lexicon agrees to as Honeywell may reasonably assist Ipsen in connection therewith. In either case, the Party that initiated and prosecuted, or maintained the defense of the action shall bear all of the costs and expenses (including reasonable attorneys’ fees) incurred in connection with the action and shall be entitled to recoup those amounts in the event of recovery, by settlement or otherwise. The amount of any recovery remaining as to any such infringement in the Licensed Territory shall be shared equally by the Partiesrequest. (f) The Parties, including any future licensee of Lexicon in the Lexicon Territory, to the extent reasonably feasible shall collaborate to have a global, worldwide trademark to be used on the Licensed Product in the Licensed Territory and in the Lexicon Territory.

Trademark. (ai) Lexicon filed an application for registration of the name “Xermelo” with the Office for Harmonization The Product will be Commercialized by Chiesi in the Internal Market and such registration was approved by the EMA on 25 April 2014. (b) Lexicon shall be responsible for securing and for maintaining at Xxxxx’x expense the Licensed Trademark Field in the Licensed Territory and shall use Diligent Efforts exclusively under the trademark “Glybera” (as defined in that regardSchedule 2.2(a)) or, subject to the prior written consent of uniQure, such alternative trademark identified by Chiesi (the “Trademark”). In the event Lexicon that Chiesi provides sufficient written evidence to uniQure that the use of an alternative trademark is unable required under Applicable Laws to obtain or maintain lawfully Commercialize the Licensed Trademark in some country(ies) in the Licensed Territory, the Parties shall negotiate in good faith concerning the selection of such other trademarks (i.e., back-up names) as may be available for marketing the Licensed Product in those countries. (c) All rights granted hereunder to Ipsen with respect to any country or jurisdiction of the Licensed Trademark shall be exercised, Territory and all Licensed Products bearing the Licensed Trademark shall be manufactured, in accordance with quality standards established by the JCC, which quality standards shall be approved by Lexicon for consistency with the quality standards applied by Lexicon to its own products and the Parties shall reasonably cooperate to enable Lexicon to monitor Xxxxx’x compliance with such quality standards. (d) Confusion with LX1033. To avoid if Chiesi identifies any confusion or association with its other small molecule inhibitor TPH LX1033, if Lexicon continues to directly or indirectly, or through any Third Party, develop, commercialize, distribute or otherwise exploit LX1033, Lexicon agrees that: (i) it will not seek Marketing Authorization for LX1033 in the Licensed Territory under: (A) the Licensed Trademark, or (B) a tradename that is identical, similar to or is confusingly similar to the Licensed Trademark. (ii) Following the Effective Date, Lexicon will use reasonable efforts to have the EMA approve the invented name “Xermelo” to apply to the Licensed Product designated under the INN “telotristat etiprate”. (iii) Lexicon agrees to request an INN for LX1033 trademark other than “telotristatGlybera” with for this purpose, then Chiesi shall be entitled to Commercialize the World Health Organization (Product under such alternative trademark without the prior written consent of uniQure. In the event that Chiesi identifies any trademark other than “WHO”) Glybera” for other material commercial reasons, Chiesi shall provide sufficient written evidence for such reasons to uniQure and a new United States Adopted Name (“USAN”) for LX1033 with the United States Adopted Name Council (“USAN Council”). (e) The Parties shall cooperate with each other and use Diligent Efforts to protect the Licensed Trademark from infringement by Third Parties in the Licensed Territory. Without limiting the foregoing, each Party shall promptly notify the other Party of any known, threatened or suspected infringement, imitation or unauthorized use of or unfair competition relating to the Licensed Trademark in the Licensed Territory. Lexicon shall have the first right to determine in its discretion whether to and to what extent to institute, prosecute and/or defend any action or proceedings involving or affecting any rights relating to the Licensed Trademark. Upon Lexicon’s reasonable request, Ipsen shall cooperate with and assist Lexicon in any of Lexicon’s enforcement efforts with respect to the Licensed Trademark. Lexicon shall promptly inform Ipsen if Lexicon elects not to take action against any actual or suspected infringement of the Licensed Trademark in the Licensed Territory, in which case, Ipsen shall then have the right, but not the obligation, to bring or assume control of any such action against the allegedly infringing Third Party as Ipsen determines may be necessary, provided however, that Ipsen shall not enter into any settlement or compromise of any claim relating be entitled to Commercialize the Licensed Product under an alternative Trademark without the prior written consent of LexiconuniQure, such consent not to be unreasonably withheld. Chiesi shall inform uniQure promptly of the need of such alternative trademark, such notice to be accompanied by the aforementioned written evidence and a list of at least [†] alternative trademarks identified by Chiesi and suitable for Commercialization of the Product throughout the entire Territory. (ii) In case the Product is Commercialized by Chiesi under the Trademark “Glybera”, uniQure hereby grants to Chiesi the exclusive, royalty-free, perpetual, irrevocable, right and license (subject to Section 9.3 below) to use the Trademark “Glybera” to Commercialize the Product solely in the Field in the Territory, with the right to grant sublicenses to Sub-distributors according to Section 2.1(b). Further, uniQure hereby grants to Chiesi the non-exclusive, royalty-free, right and license to use uniQure’s trade name (as defined in Schedule 2.2(a)) in each country of the Territory during the Term solely for the purpose of identifying uniQure as the manufacturer and Marketing Authorization holder of the Product as contemplated in this Agreement. (iii) Chiesi acknowledges that, subject to the foregoing licenses, uniQure shall own all right, title and interest in and to the Trademark “Glybera” inside and outside the Field, whether inside or outside of the Territory as well as any goodwill associated with the Trademark “Glybera”. Chiesi shall ensure appropriate use of the trademark “Glybera” at all times in the entire Territory and observe the applicable trademark use guidelines issued by uniQure, as amended from time, attached in Schedule 2.2(b). Chiesi shall not, during the Term or thereafter, register, use, or attempt to obtain any right in and to (A) the trademarks “Glybera” and “uniQure”, or (B) any name, logo or trademark confusingly similar thereto. If Chiesi or any of its Affiliates or Sub-distributors challenges the validity of any such trademark during the Term, uniQure may terminate this Agreement in accordance with the provisions of Section 9.2(d). uniQure undertakes to maintain and defend the Trademark “Glybera” in each country [†] DESIGNATES PORTIONS OF THIS DOCUMENT THAT HAVE BEEN OMITTED PURSUANT TO A REQUEST FOR CONFIDENTIAL TREATMENT FILED SEPARATELY WITH THE COMMISSION inside the Territory during and, for as long as Chiesi retains licenses thereto, after the Term at its own cost. In the event that Ipsen brings at any time during such term uniQure intends not to continue prosecution or assumes control maintenance of such Trademark anywhere inside the Territory, it shall inform Chiesi at least [†] days prior to doing so and shall, upon request of Chiesi transfer all right, title and interest in such Trademark in such country or jurisdiction to Chiesi for further prosecution and maintenance by Chiesi in Chiesi’s name and at Chiesi’s costs and Chiesi shall reimburse uniQure for any reasonable external costs incurred by uniQure for such transfer. (iv) uniQure acknowledges that except as otherwise expressly provided in this Agreement, Chiesi shall own all right, title and interest in and to any Trademark other than the trademark “Glybera” as well as any goodwill associated therewith. In case the Product is Commercialized by Chiesi under such alternative Trademark, Chiesi hereby grants to uniQure an exclusive, royalty-free, perpetual, irrevocable, right and license (subject to Section 9.3 below) to use such Trademark to Manufacture and Commercialize the Product outside the Territory, with the right to grant sublicenses. uniQure shall not, during the Term or thereafter, register, use, or attempt to obtain any right in and to (A) such Trademark and the “Chiesi” trademark, or (B) any name, logo or trademark confusingly similar thereto. If uniQure or any of its Affiliates challenges the validity of any such actiontrademark during the Term, then Lexicon agrees Chiesi may terminate this Agreement in accordance with the provisions of Section 9.2(d). Chiesi undertakes to reasonably assist Ipsen obtain, maintain and defend such Trademark in connection therewitheach country inside and, as requested by uniQure, outside of the Territory during and, for as long as uniQure retains licenses thereto, after the Term at its own cost. In either case, the Party event that initiated and prosecuted, at any time during such term Chiesi intends not to continue prosecution or maintained the defense maintenance of such Trademark anywhere inside or outside of the action Territory it shall bear inform uniQure at least [†] days prior to doing so and shall, upon request of uniQure transfer all of the right, title and interest in such Trademark in such country or jurisdiction to uniQure for further prosecution and maintenance by uniQure in uniQure’s name and at uniQure’s costs and expenses (including uniQure shall reimburse Chiesi for any reasonable attorneys’ fees) external costs incurred in connection with the action and shall be entitled to recoup those amounts in the event of recovery, by settlement or otherwise. The amount of any recovery remaining as to any Chiesi for such infringement in the Licensed Territory shall be shared equally by the Partiestransfer. (f) The Parties, including any future licensee of Lexicon in the Lexicon Territory, to the extent reasonably feasible shall collaborate to have a global, worldwide trademark to be used on the Licensed Product in the Licensed Territory and in the Lexicon Territory.

Trademark. The Licensed Products sold in the Territory shall bear a trademark (a"Trademark") Lexicon filed an application chosen and owned by Peninsula. Peninsula, at its reasonable discretion, may use the trademark (if any) owned by Shionogi for registration the marketing of the name “Xermelo” with Licensed Products (the Office "Shionogi Trademark") for Harmonization so long as Peninsula markets the Licensed Products. If Peninsula desires to use the Shionogi Trademark, then to the extent legally permitted, Shionogi shall grant the right to use the Shionogi Trademark for such purpose free of charge during the term of this Agreement. The Licensed Products sold in the Internal Market Territory shall bear the Shionogi name or logo (the "Marks"), as provided in Subsection 6.3(b), and such registration was approved by Shionogi grants Peninsula the EMA on 25 April 2014. (bright to use the Marks to the extent necessary for Peninsula to fulfill the obligations set forth in Subsection 6.3(b) Lexicon shall be responsible for securing and for maintaining at Xxxxx’x expense applicable to the Licensed Trademark Products sold in the Licensed Territory Territory. Peninsula will have no obligation to pay royalties for such use of the Marks and Shionogi Trademark during the term the Agreement. If Shionogi desires to use the Trademark owned or Controlled by Peninsula to market products containing the Compound outside the Territory, then to the extent legally permitted, Peninsula shall grant the right to use the Trademark for such purpose free of charge for so long as Shionogi (or its licensee) markets and sells any products containing the Compound outside the Territory. Shionogi shall not use the [ * ] = CERTAIN CONFIDENTIAL INFORMATION CONTAINED IN THIS DOCUMENT, MARKED BY BRACKETS, HAS BEEN OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO RULE 406 OF THE SECURITIES ACT OF 1933, AS AMENDED. Trademark outside the scope of this Agreement and shall use Diligent Efforts in that regard. In the event Lexicon is unable to obtain or maintain the Licensed Trademark in some country(ies) in the Licensed Territory, the Parties shall negotiate in good faith concerning the selection of such other trademarks (i.e., back-up names) as may be available for marketing the Licensed Product in those countries. (c) All rights granted hereunder to Ipsen with respect to the Licensed Trademark shall be exercised, and all Licensed Products bearing the Licensed Trademark shall be manufactured, in accordance with quality standards established by the JCC, which quality standards shall be approved by Lexicon for consistency with the quality standards applied by Lexicon to its own products and the Parties shall reasonably cooperate to enable Lexicon to monitor Xxxxx’x compliance with such quality standards. (d) Confusion with LX1033. To avoid any confusion or association with its other small molecule inhibitor TPH LX1033Peninsula's then-current reasonable trademark guidelines, if Lexicon continues any, as provided to directly or indirectly, or through any Third Party, develop, commercialize, distribute or otherwise exploit LX1033, Lexicon agrees that: (i) it will not seek Marketing Authorization for LX1033 Shionogi in the Licensed Territory under: (A) the Licensed Trademark, or (B) a tradename that is identical, similar to or is confusingly similar to the Licensed Trademark. (ii) Following the Effective Date, Lexicon will use reasonable efforts to have the EMA approve the invented name “Xermelo” to apply to the Licensed Product designated under the INN “telotristat etiprate”. (iii) Lexicon agrees to request an INN for LX1033 other than “telotristat” with the World Health Organization (“WHO”) and a new United States Adopted Name (“USAN”) for LX1033 with the United States Adopted Name Council (“USAN Council”). (e) The Parties shall cooperate with each other and use Diligent Efforts to protect the Licensed Trademark from infringement by Third Parties writing in the Licensed Territory. Without limiting the foregoing, each Party shall promptly notify the other Party of any known, threatened or suspected infringement, imitation or unauthorized use of or unfair competition relating to the Licensed Trademark in the Licensed Territory. Lexicon shall have the first right to determine in its discretion whether to and to what extent to institute, prosecute and/or defend any action or proceedings involving or affecting any rights relating to the Licensed Trademark. Upon Lexicon’s reasonable request, Ipsen shall cooperate with and assist Lexicon in any of Lexicon’s enforcement efforts with respect to the Licensed Trademark. Lexicon shall promptly inform Ipsen if Lexicon elects not to take action against any actual or suspected infringement of the Licensed Trademark in the Licensed Territory, in which case, Ipsen shall then have the right, but not the obligation, to bring or assume control advance of any such action against the allegedly infringing Third Party use as Ipsen determines they may be necessaryupdated from time to time by Peninsula, provided howeveror alternatively, that Ipsen shall not enter into any settlement or compromise of any claim relating to the Licensed Trademark without the with Peninsula's prior written consent of Lexicon. In the event that Ipsen brings or assumes control of any approval for such action, then Lexicon agrees to reasonably assist Ipsen in connection therewith. In either case, the Party that initiated and prosecuted, or maintained the defense of the action shall bear all of the costs and expenses (including reasonable attorneys’ fees) incurred in connection with the action and shall be entitled to recoup those amounts in the event of recovery, by settlement or otherwise. The amount of any recovery remaining as to any such infringement in the Licensed Territory shall be shared equally by the Partiesuse. (f) The Parties, including any future licensee of Lexicon in the Lexicon Territory, to the extent reasonably feasible shall collaborate to have a global, worldwide trademark to be used on the Licensed Product in the Licensed Territory and in the Lexicon Territory.

Trademark. The Parties agree that Group A transfers and licenses the trademarks of which it has ownership and full right of disposition and are related to Group B’s business (a“Trademark”) Lexicon filed an and Trademark under registration application for registration on the effective date of this Agreement (“Trademark Application”) to Group B with a total consideration of RMB 10.9 million (tax inclusive) (including the consideration of transfer and the fees of license). Party B shall pay or procure Group B to pay within ten working days upon receipt of a valid tax invoice from Group A. And: 1.1 Group A transfers the Trademarks of which it has ownership and full right of disposition and are solely related to Group B’s business, which is allowed to be transferred independently in accordance with relevant laws and regulations (“Transferred Trademark”) and the Trademark Applications (“Transferred Application”) to Group B. The exclusive right to use the Trademarks of the name Transferred Trademarks shall be enjoyed by Group B from the announcement date of State Administration of Industry and Commerce after its approval (“Xermelo” with Announcement Date”). From the Office for Harmonization in effective date of this Agreement to the Internal Market and such registration was approved Announcement Date (“Trademark Transition Period”), Group A grants an irrevocable license of the Transferred Trademarks to Group B, allowing Group B to use the Trademark by any means as permitted by the EMA on 25 April 2014law. Group B shall undertake all the rights and obligations of the Transferred Applications and its relevant Trademark since the effective date of this Agreement. 1.2 Group A exclusively authorizes Group B to use the Trademarks and Trademark Applications of which it has ownership and full right of disposition and are solely related to Group B’s business, which is not allowed to be transferred independently in accordance with relevant laws and regulations (b) Lexicon “Exclusively Licensed Trademark”), including but not limited to “Kingsoft Network”, “Kingsoft Duba Antivirus” and etc., by any means as permitted by the law, and without Party B’s prior written consent, Group A shall be responsible for securing and for maintaining at Xxxxx’x expense not use the Exclusively Licensed Trademark in under circumstances other than advertising, introducing or presenting Group A and Group B. However, Group A is entitled to use or authorize a third party to use the Licensed Territory and shall use Diligent Efforts in that regard. In the event Lexicon is unable Exclusive Licensing Trademarks related to obtain or maintain the Licensed Trademark in some country(ies) in the Licensed Territory, the Parties shall negotiate in good faith concerning the selection of such other trademarks (i.e., back-up names) as may be available for marketing the Licensed Product in those countriesInformation Security within Japan. (c) All rights granted hereunder to Ipsen with 1.3 With respect to the Licensed Trademarks and Trademark shall be exercised, Applications of which Group A has ownership and all Licensed Products bearing the Licensed Trademark shall be manufactured, in accordance with quality standards established by the JCC, which quality standards shall be approved by Lexicon for consistency with the quality standards applied by Lexicon full right of disposition and are related to its own products both of Group A and the Parties shall reasonably cooperate to enable Lexicon to monitor Xxxxx’x compliance with such quality standards. (d) Confusion with LX1033. To avoid any confusion or association with its other small molecule inhibitor TPH LX1033, if Lexicon continues to directly or indirectly, or through any Third Party, develop, commercialize, distribute or otherwise exploit LX1033, Lexicon agrees that: (i) it will not seek Marketing Authorization for LX1033 in the Licensed Territory under: (A) the Licensed Trademark, or (Group B) a tradename that is identical, similar to or is confusingly similar to the Licensed Trademark. (ii) Following the Effective Date, Lexicon will use reasonable efforts to have the EMA approve the invented name “Xermelo” to apply to the Licensed Product designated under the INN “telotristat etiprate”. (iii) Lexicon agrees to request an INN for LX1033 other than “telotristat” with the World Health Organization ’s business (“WHOGeneral License Trademark”), including but not limited to “ ” (Note: Chinese version of “Kingsoft”) and “Kingsoft”, Group A authorizes Group B to use within the field of Group B’s business and its relevant products and services (including but not limited to Information Security, computer software, browser, mobile internet applications, internet advertisement and value-added service) which are not in competition with Group A’s other business lines, within the approved region(s) of Trademarks or regions covered by the Trademark Applications by any means as permitted by the laws. Such authorization shall be non-exclusive and shall not be sub-licensed. However, Group A shall not use nor authorize a new United States Adopted Name third party to use the General License Trademarks in products or services (except for advertising or introducing Group A and Group B) major in antivirus, antimalware, personal firewall, system cleaning and optimization software for PC and security and system optimization software of mobile internet (“USAN”) for LX1033 with the United States Adopted Name Council (“USAN CouncilInformation Security”). However, Group A is entitled to use or authorize a third party to use the General License Trademark related to Information Security within Japan. (e) The Parties shall cooperate with each other and use Diligent Efforts to protect the Licensed Trademark from infringement by Third Parties in the Licensed Territory. Without limiting the foregoing, each Party shall promptly notify the other Party of any known, threatened or suspected infringement, imitation or unauthorized use of or unfair competition relating 1.4 With regard to the Licensed Trademark in term of license under Clause 1.2 and 1.3 of Article One (1) hereof, it shall be its validity period for Trademarks (including those become Trademarks after approval which are under application presently) and it shall be the Licensed Territory. Lexicon shall have the first right to determine in its discretion whether to and to what extent to institute, prosecute and/or defend any action or proceedings involving or affecting any rights relating to the Licensed Trademark. Upon Lexicon’s reasonable request, Ipsen shall cooperate with and assist Lexicon in any of Lexicon’s enforcement efforts with respect to the Licensed Trademark. Lexicon shall promptly inform Ipsen if Lexicon elects not to take action against any actual or suspected infringement valid period of the Licensed Trademark in Trademarks under application until the Licensed Territory, in which case, Ipsen shall then have the right, but not the obligation, to bring applications are rejected or assume control of any such action against the allegedly infringing Third Party as Ipsen determines may be necessary, provided however, that Ipsen shall not enter into any settlement or compromise of any claim relating to the Licensed Trademark without the prior written consent of Lexicon. In the event that Ipsen brings or assumes control of any such action, then Lexicon agrees to reasonably assist Ipsen in connection therewith. In either case, the Party that initiated and prosecuted, or maintained the defense of the action shall bear all of the costs and expenses (including reasonable attorneys’ fees) incurred in connection with the action and shall be entitled to recoup those amounts in the event of recovery, by settlement or otherwise. The amount of any recovery remaining as to any such infringement in the Licensed Territory shall be shared equally by the Partiesbecome invalid. (f) The Parties, including any future licensee of Lexicon in the Lexicon Territory, to the extent reasonably feasible shall collaborate to have a global, worldwide trademark to be used on the Licensed Product in the Licensed Territory and in the Lexicon Territory.

Trademark. The Licensed Products sold in the Territory shall bear a trademark (a"Trademark") Lexicon filed an application chosen and owned by Peninsula. Peninsula, at its reasonable discretion, may use the trademark (if any) owned by Shionogi for registration the marketing of the name “Xermelo” with Licensed Products (the Office "Shionogi Trademark") for Harmonization so long as Peninsula markets the Licensed Products. If Peninsula desires to use the Shionogi Trademark, then to the extent legally permitted, Shionogi shall grant the right to use the Shionogi Trademark for such purpose free of charge during the term of this Agreement. The Licensed Products sold in the Internal Market Territory shall bear the Shionogi name or logo (the "Marks"), as provided in Subsection 6.3(b), and such registration was approved by Shionogi grants Peninsula the EMA on 25 April 2014. (bright to use the Marks to the extent necessary for Peninsula to fulfill the obligations set forth in Subsection 6.3(b) Lexicon shall be responsible for securing and for maintaining at Xxxxx’x expense applicable to the Licensed Trademark Products sold in the Licensed Territory Territory. Peninsula will have no obligation to pay royalties for such use of the Marks and Shionogi Trademark during the term the Agreement. If Shionogi desires to use the Trademark owned or Controlled by Peninsula to market products containing the Compound outside the Territory, then to the extent legally permitted, Peninsula shall grant the right to use the Trademark for such purpose free of charge for so long as Shionogi (or its licensee) markets and sells any products containing the Compound outside the Territory. Shionogi shall not use the Trademark outside the scope of this Agreement and shall use Diligent Efforts in that regard. In the event Lexicon is unable to obtain or maintain the Licensed Trademark in some country(ies) in the Licensed Territory, the Parties shall negotiate in good faith concerning the selection of such other trademarks (i.e., back-up names) as may be available for marketing the Licensed Product in those countries. (c) All rights granted hereunder to Ipsen with respect to the Licensed Trademark shall be exercised, and all Licensed Products bearing the Licensed Trademark shall be manufactured, in accordance with quality standards established by the JCC, which quality standards shall be approved by Lexicon for consistency with the quality standards applied by Lexicon to its own products and the Parties shall reasonably cooperate to enable Lexicon to monitor Xxxxx’x compliance with such quality standards. (d) Confusion with LX1033. To avoid any confusion or association with its other small molecule inhibitor TPH LX1033Peninsula's then-current reasonable trademark guidelines, if Lexicon continues any, as provided to directly or indirectly, or through any Third Party, develop, commercialize, distribute or otherwise exploit LX1033, Lexicon agrees that: (i) it will not seek Marketing Authorization for LX1033 Shionogi in the Licensed Territory under: (A) the Licensed Trademark, or (B) a tradename that is identical, similar to or is confusingly similar to the Licensed Trademark. (ii) Following the Effective Date, Lexicon will use reasonable efforts to have the EMA approve the invented name “Xermelo” to apply to the Licensed Product designated under the INN “telotristat etiprate”. (iii) Lexicon agrees to request an INN for LX1033 other than “telotristat” with the World Health Organization (“WHO”) and a new United States Adopted Name (“USAN”) for LX1033 with the United States Adopted Name Council (“USAN Council”). (e) The Parties shall cooperate with each other and use Diligent Efforts to protect the Licensed Trademark from infringement by Third Parties writing in the Licensed Territory. Without limiting the foregoing, each Party shall promptly notify the other Party of any known, threatened or suspected infringement, imitation or unauthorized use of or unfair competition relating to the Licensed Trademark in the Licensed Territory. Lexicon shall have the first right to determine in its discretion whether to and to what extent to institute, prosecute and/or defend any action or proceedings involving or affecting any rights relating to the Licensed Trademark. Upon Lexicon’s reasonable request, Ipsen shall cooperate with and assist Lexicon in any of Lexicon’s enforcement efforts with respect to the Licensed Trademark. Lexicon shall promptly inform Ipsen if Lexicon elects not to take action against any actual or suspected infringement of the Licensed Trademark in the Licensed Territory, in which case, Ipsen shall then have the right, but not the obligation, to bring or assume control advance of any such action against the allegedly infringing Third Party use as Ipsen determines they may be necessaryupdated from time to time by Peninsula, provided howeveror alternatively, that Ipsen shall not enter into any settlement or compromise of any claim relating to the Licensed Trademark without the with Peninsula's prior written consent of Lexiconapproval for such use. In the event that Ipsen brings or assumes control of any such action[*] = CERTAIN CONFIDENTIAL INFORMATION CONTAINED IN THIS DOCUMENT, then Lexicon agrees to reasonably assist Ipsen in connection therewith. In either caseMARKED BY BRACKETS, the Party that initiated and prosecutedHAS BEEN OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO RULE 406 OF THE SECURITIES ACT OF 1933, or maintained the defense of the action shall bear all of the costs and expenses (including reasonable attorneys’ fees) incurred in connection with the action and shall be entitled to recoup those amounts in the event of recovery, by settlement or otherwise. The amount of any recovery remaining as to any such infringement in the Licensed Territory shall be shared equally by the PartiesAS AMENDED. (f) The Parties, including any future licensee of Lexicon in the Lexicon Territory, to the extent reasonably feasible shall collaborate to have a global, worldwide trademark to be used on the Licensed Product in the Licensed Territory and in the Lexicon Territory.