Common use of Trademarks and Patents Clause in Contracts

Trademarks and Patents. 11.1. CI will be responsible for registering and maintaining all applicable Patents within the Territory as listed in Schedule B (hereinafter referred to as “Patents”) relating to the Products in the Territory at CI's costs. 11.2. By virtue of the Agreement and DOLIAGE's performance hereunder, DOLIAGE shall acquire no interest in CI trademarks or corporate names, label designs or other identifying marks used to distinguish CI's Products. Except for undertaking such activities as are directly related to promoting the sale of the Product under this Agreement, DOLIAGE shall not make use of the name CI, or make use of any trademark or trade name which in the judgment of CI is confusingly similar thereto without the written consent of CI. 11.3. The Parties will use their best efforts to discover any infringement of any Patent, Trademark or corporate name of Coronado Industries and will promptly notify each other of any such infringement or wrongful use. Any Proprietary Information provided shall be and remain the property of CI, and CI will impose any conditions with respect thereto which it deems reasonably necessary to preserve the confidential nature thereof. DOLIAGE will retain all Proprietary Information in strict confidence as trade secrets of CI and will not disclose, or permit any employee or agent of DOLIAGE to disclose, any Proprietary Information to anyone without the prior written approval of CI, provided, however, that such disclosure may be made to any employee of DOLIAGE who has a reasonable need for access thereto. For the purpose of this Agreement, the term “Proprietary Information” shall mean all formulae, processes, and other information relating to the distribution, sale, and use of any Product which has been or may hereafter be furnished to DOLIAGE and which would not be available to the general public otherwise than through violation of this Agreement. 11.4. CI shall use its best efforts so that DOLIAGE will not incur any claim of patent infringement as a result of distribution of the Products within the Territory under this Agreement. If such claims arise, and are attributable to the actions of DOLIAGE allowed under this Agreement, CI will at its own costs use reasonable efforts to interfere and resolve the issue. DOLIAGE will notify CI immediately of any claims of patent infringement. Any liability for damages from an infringement as a direct result of the sale of the Products by DOLIAGE under the terms of this Agreement, will be the responsibility of CI. DOLIAGE will cooperate fully with CI to resolve and/or defend against any claim of infringement under this Agreement. 11.5. If DOLIAGE is aware of a patent infringement on its territory, DOLIAGE will inform CI, and CI will at its own cost take any action to protect the patent rights. 11.6. Upon the expiration or prior termination of this Agreement, DOLIAGE will exercise all necessary precautions to safeguard the secrecy of Proprietary Information and to prevent the unauthorized disclosure thereof, DOLIAGE will consult CI as to the procedures established by it for this purpose and will from time to time, if requested by CI, advise CI of the procedures which it then has in effect.

Trademarks and Patents. 11.1. CI will be responsible Each of the Grantors has duly executed and delivered the Assignment for registering Security (Trademarks) and maintaining all applicable Patents within the Territory as listed in Schedule B Assignment of Security (hereinafter referred to as “Patents”) relating to the Products in the Territory at CI's costs. 11.2forms attached hereto as Exhibits A and B respectively. By virtue Each of the Agreement and DOLIAGE's performance hereunderGrantors (either itself or through licensees) will, DOLIAGE shall acquire no interest in CI trademarks or corporate names, label designs or other identifying marks used to distinguish CI's Products. Except for undertaking such activities as are directly related to promoting the sale of the Product under this Agreement, DOLIAGE shall not make use of the name CI, or make use of any trademark or trade name which in the judgment of CI is confusingly similar thereto without the written consent of CI. 11.3. The Parties will use their best efforts to discover any infringement of any Patent, Trademark or corporate name of Coronado Industries and will promptly notify cause each other licensee thereof to, take all action necessary to maintain all of its Trademarks and Patents in full force and effect, including, without limitation, using the proper statutory notices and markings and using such Trademarks on each applicable trademark class of goods in order to so maintain such Trademarks in full force free from any such infringement or wrongful claim of abandonment for non-use. Any Proprietary Information provided shall be and remain the property of CI, and CI employing all of its Trademarks and Patents with appropriate notice of registration, and the Grantors will impose any conditions with respect thereto which it deems reasonably necessary to preserve the confidential nature thereof. DOLIAGE will retain all Proprietary Information in strict confidence as trade secrets of CI not (and will not disclose, or permit any employee licensee thereof to) do any act or agent of DOLIAGE knowingly omit to disclose, do any Proprietary Information to anyone without the prior written approval of CI, act whereby any Trademark may become invalidated; provided, however, that such disclosure so long as no Event of Default has occurred and is continuing, neither of the Grantors shall have any obligation to use or to maintain any Trademark or Patent (A) that relates solely to any product that has been, or is in the process of being, sold, discontinued, abandoned or terminated, (B) that is being replaced with a trademark or patent substantially similar to the Trademark or Patent that may be made to any employee of DOLIAGE who has a reasonable need for access thereto. For the purpose of this Agreementabandoned or otherwise become invalid, the term “Proprietary Information” shall mean all formulae, processes, and other information relating so long as such replacement Trademark or Patent is subject to the distributionlien created by this Agreement or (C) that is substantially the same as another Trademark or Patent that is in full force, sale, and use of any Product which has been so long as such other Trademark or may hereafter be furnished to DOLIAGE and which would not be available Patent is subject to the general public otherwise than through violation of this Agreement. 11.4. CI shall use its best efforts so that DOLIAGE will not incur any claim of patent infringement as a result of distribution of the Products within the Territory under lien created by this Agreement. If such claims arise, Each of the Grantors will cause to be taken all necessary steps in any proceeding before the United States Patent and are attributable Trademark Office to maintain each registration of its Trademarks and the Patents (other than those Trademarks or Patents described in the proviso to the actions immediately preceding sentence), including, without limitation, filing of DOLIAGE allowed under this Agreementrenewals, CI will at its own costs use reasonable efforts to interfere affidavits of use, affidavits of incontestability and resolve the issueopposition, interference and cancellation proceedings and payment of taxes. DOLIAGE will notify CI immediately If any Trademark or Patent of any claims of patent infringement. Any liability for damages from an infringement as a direct result either of the sale Grantors is infringed, misappropriated or diluted in any material respect by a third party, the Grantor shall (x) upon learning of such infringement, misappropriation or dilution, promptly notify the Collateral Agent and (y) to the extent that the Grantor shall deem appropriate under the circumstances, promptly sue xxx infringement, misappropriation or dilution, seek injunctive relief where appropriate and recover any and all damages for such infringement, misappropriation or dilution, or take such other actions as the Grantor shall deem appropriate under the circumstances to protect such Trademark or Patent. Each of the Products by DOLIAGE under the terms of this Agreement, will be the responsibility of CI. DOLIAGE will cooperate fully with CI to resolve and/or defend against any claim of infringement under this Agreement. 11.5. If DOLIAGE is aware of a patent infringement on its territory, DOLIAGE will inform CI, and CI will at its own cost take any action to protect the patent rights. 11.6. Upon the expiration or prior termination of this Agreement, DOLIAGE will exercise all necessary precautions to safeguard the secrecy of Proprietary Information and to prevent the unauthorized disclosure thereof, DOLIAGE will consult CI as Grantors shall furnish to the procedures established by it for this purpose and will Collateral Agent from time to timetime (but, if requested by CIunless an Event of Default has occurred and is continuing, advise CI of no more frequently than quarterly) statements and schedules further identifying and describing the procedures which it then has in effect.Patents and the Trademarks and such other

Trademarks and Patents. 11.1. CI will be responsible for registering (i) The Grantor has duly executed and maintaining all applicable Patents within the Territory as listed in Schedule B delivered (hereinafter referred to as “Patents”) relating to the Products or, in the Territory at CI's costs. 11.2. By virtue case of after-acquired Patents and Trademarks, will duly execute and deliver) the Agreement Assignment for Security (Trademarks) and DOLIAGE's performance hereunder, DOLIAGE shall acquire no interest in CI trademarks or corporate names, label designs or other identifying marks used to distinguish CI's Products. Except for undertaking such activities as are directly related to promoting the sale Assignment of the Product under this Agreement, DOLIAGE shall not make use of the name CI, or make use of any trademark or trade name which Security (Patents) in the judgment of CI is confusingly similar thereto without the written consent of CI. 11.3forms attached hereto as Exhibits A and B respectively. The Parties will use their best efforts to discover any infringement of any PatentGrantor (either itself or through licensees) will, Trademark or corporate name of Coronado Industries and will promptly notify cause each other licensee thereof to, take all action necessary to maintain all of its Trademarks and Patents in full force and effect, including, without limitation, using the proper statutory notices, markings and using such Trademarks on each applicable trademark class of goods in order to so maintain such Trademarks in full force free from any such infringement or wrongful claim of abandonment for non-use. Any Proprietary Information provided shall be and remain the property of CI, and CI employing all of its Trademarks and Patents with appropriate notice of registration, and the Grantor will impose any conditions with respect thereto which it deems reasonably necessary to preserve the confidential nature thereof. DOLIAGE will retain all Proprietary Information in strict confidence as trade secrets of CI not (and will not disclose, or permit any employee licensee thereof to) do any act or agent of DOLIAGE knowingly omit to disclose, do any Proprietary Information to anyone without the prior written approval of CI, act whereby any Trademark may become invalidated; provided, however, that such disclosure so long as -------- ------- no Default or Event of Default has occurred and is continuing, the Grantor shall not have any obligation to use or to maintain any Trademark or Patent (A) that relates solely to any product that has been, or is in the process of being, sold, discontinued, abandoned or terminated, (B) that is being replaced with a trademark or patent substantially similar to the Trademark or Patent that may be made abandoned or otherwise become invalid, so long as such replacement Trademark or Patent is subject to any employee of DOLIAGE who has a reasonable need for access thereto. For the purpose of Lien created by this Agreement or (C) that is substantially the same as another Trademark or Patent that is in full force, so long as such other Trademark or Patent is subject to the Lien created by this Agreement. The Grantor will cause to be taken all necessary steps in any proceeding before the United States Patent and Trademark Office to maintain each registration of its Trademarks and the Patents (other than those Trademarks or Patents described in the proviso to the immediately preceding sentence), including, without limitation, filing of renewals, affidavits of use, affidavits of incontestability and opposition, interference and cancellation proceedings and payment of taxes. If any Trademark or Patent of the Grantor is infringed, misappropriated or diluted in any material respect by a third party, the term “Proprietary Information” Grantor shall mean (x) upon learning of such infringement, misappropriation or dilution, promptly notify the Lender and (y) to the extent that the Grantor shall deem appropriate under the circumstances, promptly xxx for infringement, misappropriation or dilution, seek injunctive relief where appropriate and recover any and all formulaedamages for such infringement, processesmisappropriation or dilution, or take such other actions as the Grantor shall deem appropriate under the circumstances to protect such Trademark or Patent. The Grantor shall furnish to the Lender from time to time (but, unless an Event of Default or Default has occurred and is continuing, no more frequently than quarterly) statements and schedules further identifying and describing the Patents and the Trademarks and such other reports in connection with the Patents and the Trademarks as the Lender may reasonably request, all in reasonable detail, and other information relating promptly upon request of the Lender, following receipt by the Lender of any such statements, schedules or reports, the Grantor shall modify this Agreement by amending Schedules II or III hereto, as the case may be, to include any Patent or Trademark which becomes part of the Collateral under this Agreement. Notwithstanding anything herein to the distributioncontrary, salethe Grantor may not abandon or otherwise permit a Trademark or Patent to become invalid without the prior written consent of the Lender, and use if any Trademark or Patent is infringed, misappropriated or diluted in any material respect by a third party, the Grantor will take such action as the Lender shall deem appropriate under the circumstances to protect such Trademark or Patent. (ii) In no event shall the Grantor, either itself or through any agent, employee, licensee or designee, file an application for the registration of any Product which has been trademark or the issuance of any patent with the United States Patent and Trademark Office, unless it gives the Lender prior written notice thereof. Upon request of the Lender, the Grantor shall execute and deliver any and all assignments, agreements, instruments, documents and papers as the Lender may hereafter reasonably request to evidence the Lender's security interest hereunder in such trademark or patent and the general intangibles of the Grantor relating thereto or represented thereby, and the Grantor hereby constitutes the Lender its attorney-in-fact to execute and file all such writings for the foregoing purposes, all acts of such attorney being hereby ratified and confirmed, and such power (being coupled with an interest) shall be furnished irrevocable until the indefeasible repayment of all of the Obligations in full in cash and the termination of each of the Loan Documents. (iii) If the Grantor shall at any time own, use or possess the right to DOLIAGE use any registered copyright, the Grantor shall promptly notify the Lender thereof and which would not shall execute such documents (including any assignment for security of copyrights to be available filed with the United States Copyright Office) and do such acts as shall be necessary or, in the judgment of the Lender, desirable to subject such copyrights to the general public otherwise than through violation Lien of this Agreement. 11.4. CI shall use its best efforts so that DOLIAGE will not incur any claim of patent infringement as a result of distribution of the Products within the Territory under this Agreement. If such claims arise, and are attributable to the actions of DOLIAGE allowed under this Agreement, CI will at its own costs use reasonable efforts to interfere and resolve the issue. DOLIAGE will notify CI immediately of any claims of patent infringement. Any liability for damages from an infringement as a direct result of the sale of the Products by DOLIAGE under the terms of this Agreement, will be the responsibility of CI. DOLIAGE will cooperate fully with CI to resolve and/or defend against any claim of infringement under this Agreement. 11.5. If DOLIAGE is aware of a patent infringement on its territory, DOLIAGE will inform CI, and CI will at its own cost take any action to protect the patent rights. 11.6. Upon the expiration or prior termination of this Agreement, DOLIAGE will exercise all necessary precautions to safeguard the secrecy of Proprietary Information and to prevent the unauthorized disclosure thereof, DOLIAGE will consult CI as to the procedures established by it for this purpose and will from time to time, if requested by CI, advise CI of the procedures which it then has in effect.

Trademarks and Patents. 11.1. CI will be responsible for registering and maintaining all applicable Patents within the Territory as listed in Schedule B (hereinafter referred to as “Patents”) relating to the Products in the Territory at CI's ’s costs. 11.2. By virtue of the Agreement and DOLIAGE's ’s performance hereunder, DOLIAGE shall acquire no interest in CI trademarks or corporate names, label designs or other identifying marks used to distinguish CI's ’s Products. Except for undertaking such activities as are directly related to promoting the sale of the Product under this Agreement, DOLIAGE shall not make use of the name CI, or make use of any trademark or trade name which in the judgment of CI is confusingly similar thereto without the written consent of CI. 11.3. The Parties will use their best efforts to discover any infringement of any Patent, Trademark or corporate name of Coronado Industries and will promptly notify each other of any such infringement or wrongful use. Any Proprietary Information provided shall be and remain the property of CI, and CI will impose any conditions with respect thereto which it deems reasonably necessary to preserve the confidential nature thereof. DOLIAGE will retain all Proprietary Information in strict confidence as trade secrets of CI and will not disclose, or permit any employee or agent of DOLIAGE to disclose, any Proprietary Information to anyone without the prior written approval of CI, provided, however, that such disclosure may be made to any employee of DOLIAGE who has a reasonable need for access thereto. For the purpose of this Agreement, the term “Proprietary Information” shall mean all formulae, processes, and other information relating to the distribution, sale, and use of any Product which has been or may hereafter be furnished to DOLIAGE and which would not be available to the general public otherwise than through violation of this Agreement. 11.4. CI shall use its best efforts so that DOLIAGE will not incur any claim of patent infringement as a result of distribution of the Products within the Territory under this Agreement. If such claims arise, and are attributable to the actions of DOLIAGE allowed under this Agreement, CI will at its own costs use reasonable efforts to interfere and resolve the issue. DOLIAGE will notify CI immediately of any claims of patent infringement. Any liability for damages from an infringement as a direct result of the sale of the Products by DOLIAGE under the terms of this Agreement, will be the responsibility of CI. DOLIAGE will cooperate fully with CI to resolve and/or defend against any claim of infringement under this Agreement. 11.5. If DOLIAGE is aware of a patent infringement on its territory, DOLIAGE will inform CI, and CI will at its own cost take any action to protect the patent rights. 11.6. Upon the expiration or prior termination of this Agreement, DOLIAGE will exercise all necessary precautions to safeguard the secrecy of Proprietary Information and to prevent the unauthorized disclosure thereof, DOLIAGE will consult CI as to the procedures established by it for this purpose and will from time to time, if requested by CI, advise CI of the procedures which it then has in effect.