Use of Certain Assets. The parties agree that ACY owns --------------------- trademarks, copyrights, trade dress, product shapes, packaging, label, product and other designs and indicia of ownership associated with minocycline and the cartons and containers therefor used for advertising and other materials associated therewith as well as various registrations thereof, all as more fully described in Schedule 4 hereto (hereinafter collectively, "Indicia"). OraPharma ---------- ------- hereby acknowledges the validity and ownership by ACY of any and all such indicia and any and all registrations thereof and hereby agrees that except as expressly provided for in this Agreement, OraPharma shall not directly or indirectly associate, register, use, or apply or permit the association, registration, use or application of any of such Indicia or registrations or anything imitative of or which resembles or is confusingly similar to or with any of such Indicia or registrations in connection with any business of or associated with OraPharma or is sublicensees or to or with any products manufactured, permitted, or distributed by or for OraPharma or its sublicensees.
Use of Certain Assets. The parties agree that Seller, and/or its Affiliates, own trademarks and designs other than those exclusively relating to the Product, including, without limitation, the names "MedImmune", "U.S. Bioscience" and "USB" and all related logos (hereinafter collectively, "Indicia"), as well as various registrations thereof. Buyer hereby acknowledges the validity and ownership by Seller of any and all such Indicia and any and all registrations thereof and hereby agrees and acknowledges that nothing in this Agreement shall be construed to grant Buyer any right in or to such Indicia, other than as set forth in Section 6.4 above. Buyer hereby agrees that it shall not directly or indirectly associate, register, use, or apply or permit the association, registration, use or application of any of such Indicia or registrations or anything imitative of or which resembles or is confusingly similar to or with any of such Indicia or registrations in connection with any business of or associated with Buyer or its Affiliates or to or with any products manufactured, permitted, or distributed by or for Buyer or its Affiliates. In addition, from and after the Closing Date, Seller hereby agrees that it shall not directly or indirectly associate, register, use or apply or permit the association, registration, use or application of any trademark, design or logo which is imitative of or which resembles or is confusingly similar to or with the trademark "Hexalen" in connection with any business of or associated with Seller or its Affiliates or to or with any products, manufactured, permitted or distributed by or for Seller or its Affiliates. The provisions of this Section 6.5 shall survive the Closing Date indefinitely.
Use of Certain Assets. BP, in its sole discretion, may, from time to time, allow Xxxxxxxx Rozen to use and access certain of its computers, equipment, furniture, properties, infrastructure and other assets (collectively, the “BP Assets”). Xxxxxxxx Rozen shall at all times respect the BP Assets and retain them in its own custody and not permit the BP Assets to be moved from their location without the prior written consent of BP. Xxxxxxxx Rozen shall operate and use the BP Assets with reasonable care and in accordance with any applicable instructions, and shall maintain reasonable insurance coverage for any loss or damage thereto. Xxxxxxxx Rozen shall not subject the BP Assets to abnormal, abusive, illegal, or hazardous use or conditions. Xxxxxxxx Rozen shall not make any alterations, modifications or improvements to the BP Assets without the prior written consent of BP. All BP Assets shall be operated in accordance with applicable federal, state or local law. All such BP Assets shall be promptly returned to BP upon the conclusion of the Services, termination or expiration of this Agreement or the request of BP.
Use of Certain Assets. From and after the Closing, (a) Purchaser shall allow Seller to continue using certain assets owned by the Company at the Existing Office, as set forth on Schedule 4.11, for no additional consideration, and (b) Purchaser shall allow Seller to continue using the three (3) offices currently occupied by the Covered Employees, and the related amenities, currently available at the Existing Office, and in consideration therefor, Seller shall pay Purchaser 50% of the costs associated with the use of such offices and amenities.
Use of Certain Assets. In the event that any of the Internet --------------------- Assets and/or the Phone Numbers are not transferable to Purchaser as contemplated hereby, Seller and ZCO hereby agree that, from and after the Closing, neither such party shall use any such asset or any right thereto or interest therein and, in any event, Seller and ZCO hereby agree that, from and after the Closing, neither such party shall use, or grant to any other person any license or other right in or to use, the name "Xxxxxxx Thrift Trading." Purchaser hereby agrees that, from and after the ninetieth (90th) day after the Closing Date, Purchaser shall cease to use the Internet Assets. Purchaser hereby agrees that, from and after the Closing Date, it shall not use the name "Xxxxxxx Thrift Trading" or "Xxxxxxx," except as contemplated by Paragraph 1.1(j).
Use of Certain Assets. Until the fifth anniversary of the Closing Date, Irwix X. Xxxxx xxx use the Buyer's rental equipment located at its equipment rental stores formerly operated by the Company for his personal use at his home in Concord, California, to the extent the rental equipment requested by Mr. Xxxxx xx not needed by the Buyer for rental to its customers. Such use by Mr. Xxxxx xxxl be subject to the Buyer's standard rental terms and conditions, except that Mr. Xxxxx xxxl not be charged any rental fee or required to make any security deposit.
Use of Certain Assets. Section 5.9(b) is amended by adding the following sentences immediately following the first sentence thereof: Until the first anniversary of the Second Closing, the Buyer may use Mr. Xxxxxx'x xxx wash to be located on the Glenwood Springs, Colorado Premises in connection with the Buyer's rental business, to the extent such car wash is not then being used by customers of the car wash. After such time, Buyer may use Mr. Xxxxxx'x xxx wash at a price to be agreed upon. Likewise, until the first anniversary of the Second Closing, Glen X. Xxxxxx xxx use the Buyer's rental equipment located at the Glenwood Springs, Colorado Premises for his personal use, to the extent the rental equipment requested by Mr. Xxxxxx xx not needed by the Buyer for rental to its customers. Such use by Mr. Xxxxxx xxxl be subject to the Buyer's standard rental terms and conditions, except that Mr. Xxxxxx xxxl not be charged any rental fee or required to make any security deposit.
Use of Certain Assets. The parties agree that Seller, and/or its Affiliates, own trademarks, copyrights, trade dress, product shapes, packaging, label, product, and other designs and indicia of ownership (hereinafter collectively, "Indicia") associated with the Brands and the Products and the cartons and containers therefor used for advertising and other materials associated therewith as well as various registrations thereof in countries and territories other than the Territory. Buyer hereby acknowledges the validity and ownership by Seller of any and all such Indicia and any and all registrations thereof and hereby agrees that except in the Territory and as expressly provided for in this Agreement, Buyer shall not after the Closing directly or indirectly associate, register, use, or apply or permit the association, registration, use or application of any of such Indicia or registrations or anything imitative of or which resembles or is confusingly similar to or with any of such Indicia or registrations in connection with any business of or associated with Buyer or its Affiliates or to or with any products manufactured, permitted, or distributed by or for Buyer or its Affiliates. The provisions of this paragraph shall survive Closing indefinitely.
Use of Certain Assets. From and after the Closing, (a) Purchaser shall allow Seller to continue using certain assets owned by the Company at the Existing Office, as set forth on Schedule 4.11, for no additional consideration, and (b) Purchaser shall allow Seller to continue using the three (3) offices currently occupied by the Covered Employees, and the related amenities, currently available at the Existing Office, and in consideration therefor, Seller shall pay Purchaser 50% of the costs associated with the use of such offices and amenities. Regulatory Approvals. Purchaser shall make or cause to be made all applications, notifications and/or filings required of it in connection with the Regulatory Approvals as promptly as practicable and, in any event, within five (5) business days after the date of this Agreement, and Seller shall cooperate with Purchaser as may be necessary in connection with each such application, notification and/or filing, including by furnishing to Purchaser any information in the possession of Seller or the Company, as the case may be, required for any such application and/or filing. Each of Purchaser and Seller, as the case may be, shall use commercially reasonable efforts to resolve such objections, if any, as may be asserted by any Governmental Authority with respect to the transactions contemplated by this Agreement in connection with the Regulatory Approvals. In connection therewith, if any Legal Proceeding is instituted (or threatened to be instituted) challenging any transaction contemplated by this Agreement in connection with the Regulatory Approvals, each of Purchaser and Seller shall cooperate and use commercially reasonable efforts to contest and resist any such Legal Proceeding, and to have vacated, lifted, reversed, or overturned any order, whether temporary, preliminary or permanent, that is in effect and that prohibits, prevents, or restricts consummation of the transactions contemplated by this Agreement. In connection with the foregoing, each of Purchaser and Seller shall use commercially reasonable efforts to take promptly any and all steps necessary to avoid or eliminate each and every impediment arising in connection with the Regulatory Approvals that may be asserted by any Governmental Authority, so as to enable the parties to close the transactions contemplated by this Agreement as expeditiously as possible.
Use of Certain Assets. (a) Until the first anniversary of the Closing, Glen X. Xxxxxx xxx use the Buyer's rental equipment located at its Eagle, Colorado store for his personal use at his home in Eagle, Colorado, to the extent the rental equipment requested by Mr. Xxxxxx xx not needed by the Buyer for rental to its customers. Such use by Mr. Xxxxxx xxxl be subject to the Buyer's standard rental terms and conditions, except that Mr. Xxxxxx xxxl not be charged any rental fee or required to make any security deposit.
