Common use of Use of the Licensed Marks Clause in Contracts

Use of the Licensed Marks. Buyer agrees that all uses including, without limitation, display, advertising and/or promotional activities relating to and/or incorporating the Licensed Marks by Buyer shall be of such style, appearance and quality as to be suited to exploitation to the advantage and enhancement of the Licensed Marks and the goodwill pertaining thereto. Buyer shall maintain a level of quality in the use of the Licensed Marks and operation and maintenance of the Hotel/Casino, which is at least commensurate with Seller’s practiced standards as of the date of this Agreement. Whenever Buyer uses the Licensed Marks in advertising or in any other manner in connection with the operation of the Hotel/Casino, Buyer shall clearly indicate Seller’s ownership of the Licensed Marks. Licensed Consumables shall be clearly marked with stickers containing a statement, disclaiming affiliation with Seller and Seller’s Affiliates and disclosing that use is pursuant to this License, in form approved in advance by Seller. Buyer shall provide the General Counsel of Seller, or her designee (the “License Coordinator”), with samples of all signs, advertising, promotional material, literature, packages and labels prepared by or for Buyer and intended to be used by Buyer to obtain prior written approval by Seller; provided, however, Buyer shall not be required to obtain prior written approval for the use of the Licensed Marks from Seller if Buyer’s use of the Licensed Marks continues the use of such marks in the same manner, scope and content as the Licensed Marks are currently used by Seller. The License Coordinator, on behalf of Seller, shall have a period of fourteen (14) calendar days to approve in his or her sole and absolute discretion, the use of the Licensed Marks by Buyer. Seller’s failure to respond within such period shall be deemed an acceptance of Buyer’s request. Buyer’s license to use the Licensed Marks shall terminate if Buyer uses the Licensed Marks outside of the Territory or uses the Licensed Marks on a sign, in advertising, on promotional materials, in literature, packages or labels which has not been so approved by the License Coordinator. When using the Licensed Marks, Buyer undertakes to comply with all laws pertaining to the Licensed Marks in force at any time in the State of Mississippi and, to the extent applicable, United States federal law. Buyer shall not, after the expiration of the License, adopt or use any trademark, service mxxx or trade name in connection with any goods or services which in whole or in part is confusingly similar to the Licensed Marks. Except as provided in Section 11.02(l), nothing contained in this Agreement shall restrict or restrain Seller or Seller’s Affiliates in any fashion whatsoever from the right to use, register and/or further license or sublicense any System Mxxx.

Use of the Licensed Marks. Buyer Mundipharma agrees that to comply with all uses including, without limitation, display, advertising and/or promotional activities relating to and/or incorporating the Licensed Marks by Buyer shall be of such style, appearance and quality as to be suited to exploitation applicable Laws pertaining to the advantage proper use and enhancement of the Licensed Marks and the goodwill pertaining thereto. Buyer shall maintain a level of quality in the use of the Licensed Marks and operation and maintenance of the Hotel/Casino, which is at least commensurate with Seller’s practiced standards as of the date of this Agreement. Whenever Buyer uses the Licensed Marks in advertising or in any other manner in connection with the operation of the Hotel/Casino, Buyer shall clearly indicate Seller’s ownership designation of the Licensed Marks. Additionally, Mundipharma shall: (i) use the Licensed Consumables shall be clearly marked with stickers containing a statementMarks upon or in relation to the Products only in such manner that the distinctiveness, disclaiming affiliation with Seller reputation, and Seller’s Affiliates and disclosing that use is pursuant to this License, in form approved in advance by Seller. Buyer shall provide validity of the General Counsel of Seller, or her designee (the “License Coordinator”), with samples of all signs, advertising, promotional material, literature, packages and labels prepared by or for Buyer and intended to be used by Buyer to obtain prior written approval by Seller; provided, however, Buyer Licensed Marks shall not be required impaired. Without prejudice to obtain prior written approval for the generality of the foregoing, Mundipharma shall use Reasonably Diligent Efforts to ensure in particular that each Licensed Xxxx is correctly spelled, is accompanied by words accurately describing the nature of the goods or services to which it relates, and is displayed as set forth in Exhibit C and that any text, graphics or designs adjacent to any Licensed Xxxx does not put the Licensed Xxxx or Allos in a negative or derogatory light; [ * ] = Certain confidential information contained in this document, marked by brackets, is filed with the Securities and Exchange Commission pursuant to Rule 24b-2 of the Securities Exchange Act of 1934, as amended. (ii) comply with the reasonable requirements of Allos as to the form, manner, scale and context of use of the Licensed Marks, and the use of the statements to accompany them; (iii) the first time Mundipharma plans to use a particular Licensed Xxxx, provide Allos with samples of the proposed packaging and related marketing and promotional materials to be used for the Products. Mundipharma shall consider in good faith any comments Allos may make regarding same; (iv) display the proper form of trademark and service xxxx notice associated with the Licensed Marks in accordance with reasonable instructions received from Seller if Buyer’s use Allos; (v) include, on any item which bears a Licensed Xxxx, a statement identifying Allos as the owner of such Licensed Xxxx and stating that Mundipharma is an authorized user of such Licensed Xxxx; (vi) not conduct, without the written consent of Allos, the whole or any part of its business under a business name or trading style which incorporates any of the Licensed Marks continues or which might materially impair the use validity, reputation or distinctiveness of such marks in the same manner, scope and content as any of the Licensed Marks are currently used by Seller. The License Coordinator, on behalf of Seller, shall have a period of fourteen Marks; and (14vii) calendar days to approve in his or her sole and absolute discretion, the neither use nor display any of the Licensed Marks in such relation to any other xxxx or marks owned by Buyer. Seller’s failure any Third Party or Mundipharma so as to respond within such period shall be deemed an acceptance of Buyer’s request. Buyer’s license to use suggest that the Licensed Marks shall terminate if Buyer uses the Licensed Marks outside of the Territory multiple marks constitute a single or uses the Licensed Marks on a sign, in advertising, on promotional materials, in literature, packages or labels which has not been so approved by the License Coordinator. When using the Licensed Marks, Buyer undertakes to comply with all laws pertaining to the Licensed Marks in force at any time in the State of Mississippi and, to the extent applicable, United States federal law. Buyer shall not, after the expiration of the License, adopt or use any composite trademark, service mxxx xxxx, or trade name in connection with any goods or services which in whole or in part is confusingly similar to are under the Licensed Marks. Except as provided in Section 11.02(l), nothing contained in this Agreement shall restrict or restrain Seller or Seller’s Affiliates in any fashion whatsoever from the right to use, register and/or further license or sublicense any System Mxxxsame proprietorship.

Use of the Licensed Marks. Buyer agrees that all uses including, without limitation, display, advertising and/or promotional activities relating to and/or incorporating (A) Manner of Use of Licensed Marks. Licensee shall use the Licensed Marks only in the form and manner prescribed from time to time by Buyer Licensor, and shall be not use any other trademark, service mark, xxmbol, design, trade name or like indicia in combination with any Licensed Mark xxxhout the express prior written consent of such style, appearance and quality as to be suited to exploitation to the advantage and enhancement of Licensor. No Website operated by Licensee under the Licensed Marks and the goodwill pertaining thereto. Buyer shall maintain contain a level of quality in the use of the Licensed Marks and operation and maintenance of the Hotel/Casino, which is at least commensurate with Seller’s practiced standards as of the date of this Agreement. Whenever Buyer uses the Licensed Marks in advertising or in link to any other manner in connection with Website or be operated as a co-branded Website without the operation of the Hotel/Casino, Buyer shall clearly indicate Seller’s ownership of the Licensed Marks. Licensed Consumables shall be clearly marked with stickers containing a statement, disclaiming affiliation with Seller and Seller’s Affiliates and disclosing that use is pursuant to this License, in form approved in advance by Seller. Buyer shall provide the General Counsel of Seller, or her designee (the “License Coordinator”), with samples of all signs, advertising, promotional material, literature, packages and labels prepared by or for Buyer and intended to be used by Buyer to obtain express prior written approval consent of Licensor. Before authorizing any link to a Website operated by Seller; provided, however, Buyer shall not be required to obtain prior written approval for the use of Licensee under the Licensed Marks from Seller if Buyer’s use any other Website, Licensee shall notify Licensor of the Licensed Marks continues proposed link, and Licensee shall not authorize such link if Licensor promptly notifies Licensee that in Licensor's opinion, exercised in good faith, there is a reasonable basis to believe that the use proposed link would be detrimental to Licensor. Licensee acknowledges that it is familiar with the high standards, quality, style and image of such marks in the same manner, scope programming produced by Licensor and content as the Licensed Marks are currently used by Seller. The License Coordinator, on behalf of Seller, shall have a period of fourteen (14) calendar days to approve in his or her sole its Controlled Affiliates and absolute discretion, the use of the Licensed Marks by Buyer. Seller’s failure to respond within such period shall be deemed an acceptance of Buyer’s request. Buyer’s license agrees to use the Licensed Marks in a manner that is consistent with such high standards, quality, style and image. Licensee shall terminate if Buyer uses use the Licensed Marks outside only pursuant to the license granted hereby, only in a manner which will ensure no loss by Licensor of the Territory or uses the Licensed Marks on a sign, any rights in advertising, on promotional materials, in literature, packages or labels which has not been so approved by the License Coordinator. When using any of the Licensed Marks, Buyer undertakes and only in compliance with such rules, standards, instructions and other requirements as Licensor may from time to comply with all laws pertaining time prescribe. Licensee's right to use the Licensed Marks in force at is limited to such uses as are expressly authorized hereunder, and any time in the State unauthorized use thereof shall constitute an infringement of Mississippi and, Licensor's rights and a material breach of this Agreement. Licensee acknowledges and agrees that Licensor's approval of or consent to the extent applicable, United States federal law. Buyer shall not, after the expiration any specific use of the License, adopt any Licensed Mark xxxs not constitute approval of or use consent to any trademark, service mxxx or trade name in connection with any goods or services which in whole or in part is confusingly similar to the Licensed Marks. Except as provided in Section 11.02(l), nothing contained in this Agreement shall restrict or restrain Seller or Seller’s Affiliates in any fashion whatsoever from the right to other use, register and/or further license or sublicense any System Mxxx.

Use of the Licensed Marks. Buyer Mundipharma agrees that to comply with all uses including, without limitation, display, advertising and/or promotional activities relating to and/or incorporating the Licensed Marks by Buyer shall be of such style, appearance and quality as to be suited to exploitation applicable Laws pertaining to the advantage proper use and enhancement of the Licensed Marks and the goodwill pertaining thereto. Buyer shall maintain a level of quality in the use of the Licensed Marks and operation and maintenance of the Hotel/Casino, which is at least commensurate with Seller’s practiced standards as of the date of this Agreement. Whenever Buyer uses the Licensed Marks in advertising or in any other manner in connection with the operation of the Hotel/Casino, Buyer shall clearly indicate Seller’s ownership designation of the Licensed Marks. Additionally, Mundipharma shall: (i) use the Licensed Consumables shall be clearly marked with stickers containing a statementMarks upon or in relation to the Products only in such manner that the distinctiveness, disclaiming affiliation with Seller reputation, and Seller’s Affiliates and disclosing that use is pursuant to this License, in form approved in advance by Seller. Buyer shall provide validity of the General Counsel of Seller, or her designee (the “License Coordinator”), with samples of all signs, advertising, promotional material, literature, packages and labels prepared by or for Buyer and intended to be used by Buyer to obtain prior written approval by Seller; provided, however, Buyer Licensed Marks shall not be required impaired. Without prejudice to obtain prior written approval for the generality of the foregoing, Mundipharma shall use Reasonably Diligent Efforts to ensure in particular that each Licensed Xxxx is correctly spelled, is accompanied by words accurately describing the nature of the goods or services to which it relates, and is displayed as set forth in Exhibit B and that any text, graphics or designs adjacent to any Licensed Xxxx does not put the Licensed Xxxx or Allos in a negative or derogatory light; (ii) comply with the reasonable requirements of Allos as to the form, manner, scale and context of use of the Licensed Marks, and the use of the statements to accompany them; (iii) the first time Mundipharma plans to use a particular Licensed Xxxx, provide Allos with samples of the proposed packaging and related marketing and promotional materials to be used for the Products. Mundipharma shall consider in good faith any comments Allos may make regarding same; (iv) display the proper form of trademark and service xxxx notice associated with the Licensed Marks in accordance with reasonable instructions received from Seller if Buyer’s use Allos; (v) include, on any item which bears a Licensed Xxxx, a statement identifying Allos as the owner of such Licensed Xxxx and stating that Mundipharma is an authorized user of such Licensed Xxxx; (vi) not conduct, without the written consent of Allos, the whole or any part of its business under a business name or trading style which incorporates any of the Licensed Marks continues or which might materially impair the use validity, reputation or distinctiveness of such marks in the same manner, scope and content as the Licensed Marks are currently used by Seller. The License Coordinator, on behalf of Seller, shall have a period of fourteen (14) calendar days to approve in his or her sole and absolute discretion, the use any of the Licensed Marks by Buyer. Seller’s failure to respond within such period shall be deemed an acceptance of Buyer’s request. Buyer’s license to use the Licensed Marks shall terminate if Buyer uses the Licensed Marks outside of the Territory or uses the Licensed Marks on a sign, in advertising, on promotional materials, in literature, packages or labels which has not been so approved by the License Coordinator. When using the Licensed Marks, Buyer undertakes to comply with all laws pertaining to the Licensed Marks in force at any time in the State of Mississippi ; and, to the extent applicable, United States federal law. Buyer shall not, after the expiration of the License, adopt or use any trademark, service mxxx or trade name in connection with any goods or services which in whole or in part is confusingly similar to the Licensed Marks. Except as provided in Section 11.02(l), nothing contained in this Agreement shall restrict or restrain Seller or Seller’s Affiliates in any fashion whatsoever from the right to use, register and/or further license or sublicense any System Mxxx.

Use of the Licensed Marks. Buyer GSK Canada agrees that to comply with all uses including, without limitation, display, advertising and/or promotional activities relating to and/or incorporating the Licensed Marks by Buyer shall be of such style, appearance applicable laws and quality as to be suited to exploitation regulations pertaining to the advantage proper use and enhancement of the Licensed Marks and the goodwill pertaining thereto. Buyer shall maintain a level of quality in the use of the Licensed Marks and operation and maintenance of the Hotel/Casino, which is at least commensurate with Seller’s practiced standards as of the date of this Agreement. Whenever Buyer uses the Licensed Marks in advertising or in any other manner in connection with the operation of the Hotel/Casino, Buyer shall clearly indicate Seller’s ownership designation of the Licensed Marks. Additionally, GSK Canada shall: (a) use the Licensed Consumables shall be clearly marked with stickers containing a statementMarks upon or in relation to the Product only in such manner that the distinctiveness, disclaiming affiliation with Seller reputation, and Seller’s Affiliates and disclosing that use is pursuant to this License, in form approved in advance by Seller. Buyer shall provide validity of the General Counsel of Seller, or her designee (the “License Coordinator”), with samples of all signs, advertising, promotional material, literature, packages and labels prepared by or for Buyer and intended to be used by Buyer to obtain prior written approval by Seller; provided, however, Buyer Licensed Marks shall not be required impaired. Without prejudice to obtain prior written approval for the generality of the foregoing, GSK Canada shall ensure in particular that the Licensed Marks are accompanied by words accurately describing the nature of the goods or services to which it relates, and ensure that the Licensed Marks are displayed as set forth in Exhibit C (or any update thereto); (b) subject to Section 8.3(g), where space and law permit, comply with the reasonable requirements of Corixa as to the form, manner, scale and context of use of the Licensed Marks from Seller if Buyer’s use of the Licensed Marks continues the use of such marks in the same manner, scope and content as the Licensed Marks are currently used by Seller. The License Coordinator, on behalf of Seller, shall have a period of fourteen (14) calendar days to approve in his or her sole and absolute discretionMarks, the use of the statements to accompany them, as well as the containers, packaging and related marketing and promotional materials to be used for the Product. (c) display the proper form of trademark and service xxxx notice associated with each Licensed Marks by Buyer. Seller’s failure Xxxx in accordance with instructions received from Corixa; (d) subject to respond within Section 8.3(g), where space and law permit, include, on any item which bears a Licensed Xxxx, a statement identifying Corixa as the owner of such period shall be deemed Licensed Xxxx and stating that GSK Canada is an acceptance authorized user of Buyer’s request. Buyer’s license to use such Licensed Xxxx; (e) not conduct, without the written consent of Corixa, the whole or any part of its business under a business name or trading style which incorporates any of the Licensed Marks shall terminate if Buyer uses or which in the Licensed Marks outside opinion of Corixa might impair the Territory validity, reputation or uses the Licensed Marks on a sign, in advertising, on promotional materials, in literature, packages or labels which has not been so approved by the License Coordinator. When using distinctiveness of any of the Licensed Marks, Buyer undertakes to comply with all laws pertaining to ; (f) neither use nor display any of the Licensed Marks in force at such relation to any time in other xxxx or marks owned by any Third Party, GSK Canada or an Affiliate of GSK Canada as to suggest that the State multiple marks constitute a single or composite trademark, service xxxx, or are under the same proprietorship; and (g) where space is limiting, GSK Canada shall propose to Corixa alternative(s) to the requirements of Mississippi andSections 8.3(b) and 8.3(d), as applicable, that fit within the available space and achieve, to the extent possible, the goals of Sections 8.3(b) and 8.3(d), as applicable, United States federal law. Buyer and GSK Canada shall not, after use the expiration of the License, adopt or use any trademark, service mxxx or trade name in connection with any goods or services which in whole or in part is confusingly similar to the Licensed Marks. Except as provided in Section 11.02(l), nothing contained in this Agreement shall restrict or restrain Seller or Seller’s Affiliates in any fashion whatsoever from the right to use, register and/or further license or sublicense any System Mxxxalternative(s) approved by Corixa.

Use of the Licensed Marks. Buyer GSK Canada agrees that to comply with all uses including, without limitation, display, advertising and/or promotional activities relating to and/or incorporating the Licensed Marks by Buyer shall be of such style, appearance applicable laws and quality as to be suited to exploitation regulations pertaining to the advantage proper use and enhancement of the Licensed Marks and the goodwill pertaining thereto. Buyer shall maintain a level of quality in the use of the Licensed Marks and operation and maintenance of the Hotel/Casino, which is at least commensurate with Seller’s practiced standards as of the date of this Agreement. Whenever Buyer uses the Licensed Marks in advertising or in any other manner in connection with the operation of the Hotel/Casino, Buyer shall clearly indicate Seller’s ownership designation of the Licensed Marks. Additionally, GSK Canada shall: ------------------------------ * Confidential Treatment requested. Redacted (a) use the Licensed Consumables shall be clearly marked with stickers containing a statementMarks upon or in relation to the Product only in such manner that the distinctiveness, disclaiming affiliation with Seller reputation, and Seller’s Affiliates and disclosing that use is pursuant to this License, in form approved in advance by Seller. Buyer shall provide validity of the General Counsel of Seller, or her designee (the “License Coordinator”), with samples of all signs, advertising, promotional material, literature, packages and labels prepared by or for Buyer and intended to be used by Buyer to obtain prior written approval by Seller; provided, however, Buyer Licensed Marks shall not be required impaired. Without prejudice to obtain prior written approval for the generality of the foregoing, GSK Canada shall ensure in particular that the Licensed Marks are accompanied by words accurately describing the nature of the goods or services to which it relates, and ensure that the Licensed Marks are displayed as set forth in Exhibit C (or any update thereto); (b) subject to Section 8.3(g), where space and law permit, comply with the reasonable requirements of Corixa as to the form, manner, scale and context of use of the Licensed Marks from Seller if Buyer’s use of the Licensed Marks continues the use of such marks in the same manner, scope and content as the Licensed Marks are currently used by Seller. The License Coordinator, on behalf of Seller, shall have a period of fourteen (14) calendar days to approve in his or her sole and absolute discretionMarks, the use of the statements to accompany them, as well as the containers, packaging and related marketing and promotional materials to be used for the Product. (c) display the proper form of trademark and service xxxx notice associated with each Licensed Marks by Buyer. Seller’s failure Xxxx in accordance with instructions received from Corixa; (d) subject to respond within Section 8.3(g), where space and law permit, include, on any item which bears a Licensed Xxxx, a statement identifying Corixa as the owner of such period shall be deemed Licensed Xxxx and stating that GSK Canada is an acceptance authorized user of Buyer’s request. Buyer’s license to use such Licensed Xxxx; (e) not conduct, without the written consent of Corixa, the whole or any part of its business under a business name or trading style which incorporates any of the Licensed Marks shall terminate if Buyer uses or which in the Licensed Marks outside opinion of Corixa might impair the Territory validity, reputation or uses the Licensed Marks on a sign, in advertising, on promotional materials, in literature, packages or labels which has not been so approved by the License Coordinator. When using distinctiveness of any of the Licensed Marks, Buyer undertakes to comply with all laws pertaining to ; (f) neither use nor display any of the Licensed Marks in force at such relation to any time in other xxxx or marks owned by any Third Party, GSK Canada or an Affiliate of GSK Canada as to suggest that the State multiple marks constitute a single or composite trademark, service xxxx, or are under the same proprietorship; and (g) where space is limiting, GSK Canada shall propose to Corixa alternative(s) to the requirements of Mississippi andSections 8.3(b) and 8.3(d), as applicable, that fit within the available space and achieve, to the extent possible, the goals of Sections 8.3(b) and 8.3(d), as applicable, United States federal law. Buyer and GSK Canada shall not, after use the expiration of the License, adopt or use any trademark, service mxxx or trade name in connection with any goods or services which in whole or in part is confusingly similar to the Licensed Marks. Except as provided in Section 11.02(l), nothing contained in this Agreement shall restrict or restrain Seller or Seller’s Affiliates in any fashion whatsoever from the right to use, register and/or further license or sublicense any System Mxxxalternative(s) approved by Corixa.