Common use of Use of the Marks Clause in Contracts

Use of the Marks. A. Distributer shall strictly adhere to the trademark usage manual attached hereto as Exhibit "B." B. Distributer shall not use the term "BIOHEAT" standing alone. Distributer shall ALWAYS use the terms "BIOHEAT" as an adjective, in association with a noun, such as "biodiesel," "fuel oil," "heating oil," etc. C. Distributer shall not use the Marks in any way that disparages NBB, or its Materials, programs, or services, or in any manner that would diminish or otherwise damage the goodwill or reputation of any NBB, including, but not limited to, uses that could be deemed to be obscene, pornographic, excessively violent, or otherwise in poor taste or unlawful, or which purpose is to encourage unlawful activities. D. Distributer shall not use the use the Marks in the Materials in association with products or services that do not meet the standards of Section 7 below. E. Distributer shall only use the Marks on products or services that meet or exceed the standards of Section 7 below. F. When using the trademarks "BIOHEAT," "BIOHEAT DESIGN XXXX," "BIOHEAT PLUS DESIGN XXXX," "BIOHEAT SUPER PLUS DESIGN XXXX" and "THE EVOLUTION OF OILHEAT" in association with fuel oil, Distributer shall always use the trademarks "BIOHEAT," "BIOHEAT DESIGN XXXX," "BIOHEAT PLUS DESIGN XXXX," "BIOHEAT SUPER PLUS DESIGN XXXX" and "THE EVOLUTION OF OILHEAT" in association with the registered trademark symbol viz. Bioheat® or The Evolution of Oilheat®. G. All trademarks, service marks, trade names or logos (the "Marks") are the exclusive property of NBB. Distributer shall not take any action that jeopardizes NBB's proprietary rights or acquire any right in the Marks. Distributer shall not register, directly or indirectly, any trademark, service xxxx, trade name, copyright, company name or other proprietary or commercial right that is identical or confusingly similar to the Marks or that constitute a translation into other languages. Distributer shall use the Marks exclusively to identify the Blended Fuel.

Use of the Marks. A. Distributer Licensee shall strictly adhere to the trademark usage manual attached hereto as Exhibit "B.C." B. Distributer Licensee shall not use the term "BIOHEAT" standing alonealone apart from a Design Xxxx. Distributer Licensee shall ALWAYS use the terms term "BIOHEAT" as an adjective, in association with a noun, such as “fuel,” "biodiesel," "fuel oil," "heating oil," etc. Licensee shall not use the Design Marks in combination with any other words, images, or trademarks. C. Distributer Licensee’s use and displays of any of the Marks shall conform to the trademark usage manual attached hereto as Exhibit "C.” If Licensee has any questions or concerns regarding a proposed use of the Marks, Licensee may request pre-approval of such usage by forwarding such usage to CLEAN FUELS. D. Licensee shall not use the Marks in any way that disparages NBBCLEAN FUELS, or its MaterialsProducts, programs, or services, or in any manner that would diminish or otherwise damage the goodwill or reputation of CLEAN FUELS or any NBBof its members, including, but not limited to, uses that could be deemed to be obscene, pornographic, excessively violent, or otherwise in poor taste or unlawful, or which for the purpose is to encourage of encouraging unlawful activities. D. Distributer E. Licensee shall not use the use the Marks in the Materials in association with products or services that do not meet the standards of Section 7 below. E. Distributer F. Licensee shall only use the Marks on products in association with Products or services that meet or exceed the standards of Section 7 below. F. G. When using the trademarks "BIOHEAT," "BIOHEAT DESIGN XXXX," "BIOHEAT PLUS DESIGN XXXX," "BIOHEAT SUPER PLUS DESIGN XXXX" and "THE EVOLUTION OF OILHEAT" Marks in association with fuel oilProducts, Distributer Licensee shall always use the trademarks "BIOHEAT," "BIOHEAT DESIGN XXXX," "BIOHEAT PLUS DESIGN XXXX," "BIOHEAT SUPER PLUS DESIGN XXXX" and "THE EVOLUTION OF OILHEAT" Marks in association with the registered trademark symbol viz. (i.e., Bioheat® or ®, The Evolution of Oilheat®, etc.) and shall always use the Design Marks as shown in Exhibits A and B. When using The Evolution of Oilheat® trademark in association with any of the Design Marks, Licensee shall always use the Marks in association with the registered trademark symbol (i.e., Bioheat® and The Evolution of Oilheat®) and shall always use The Evolution of Oilheat® trademark in association with any of the Design Marks as shown in Exhibit B. G. H. All trademarks, service marks, trade names or logos (the "Marks") Marks are the exclusive property of NBBCLEAN FUELS. Distributer Licensee shall not take any action that jeopardizes NBB's Clean Fuels’ proprietary rights or acquire any right in the Marks. Distributer Licensee shall not register, directly or indirectly, any trademark, service xxxx, trade name, copyright, company name or other proprietary or commercial right that is identical or confusingly similar to the Marks or that constitute a translation into other languages. Distributer Licensee shall use the Marks exclusively to identify the Blended FuelProducts.

Use of the Marks. A. Distributer Promoter shall strictly adhere to the trademark usage manual attached hereto as Exhibit "B." B. Distributer Promoter shall not use the term "BIOHEAT" standing alone. Distributer Promoter shall ALWAYS use the terms "BIOHEAT" as an adjective, in association with a noun, such as "biodiesel," "fuel oil," "heating oil," etc. C. Distributer Promoter shall not use the Marks in any way that disparages NBB, or its Materials, programs, or services, or in any manner that would diminish or otherwise damage the goodwill or reputation of any NBB, including, but not limited to, uses that could be deemed to be obscene, pornographic, excessively violent, or otherwise in poor taste or unlawful, or which purpose is to encourage unlawful activities. D. Distributer Promoter shall not use the use the Marks in the Materials in association with products or services that do not meet the standards of Section 7 below. E. Distributer Promoter shall only use the Marks on in the Materials in association with products or services that meet or exceed the standards of Section 7 below. F. When using the trademarks "BIOHEAT," "BIOHEAT DESIGN XXXX," "BIOHEAT PLUS DESIGN XXXX," "BIOHEAT SUPER PLUS DESIGN XXXX" and "THE EVOLUTION OF OILHEAT" in association with fuel oil, Distributer Promoter shall always use the trademarks "BIOHEAT," "BIOHEAT DESIGN XXXX," "BIOHEAT PLUS DESIGN XXXX," "BIOHEAT SUPER PLUS DESIGN XXXX" and "THE EVOLUTION OF OILHEAT" in association with the registered trademark symbol viz. Bioheat® or The Evolution of Oilheat®. G. All trademarks, service marks, trade names or logos (the "Marks") are the exclusive property of NBB. Distributer Promoter shall not take any action that jeopardizes NBB's proprietary rights or acquire any right in the Marks. Distributer Promoter shall not register, directly or indirectly, any trademark, service xxxx, trade name, copyright, company name or other proprietary or commercial right that is identical or confusingly similar to the Marks or that constitute a translation into other languages. Distributer Promoter shall use the Marks exclusively to identify the Blended Fuel.

Use of the Marks. A. Distributer shall strictly adhere (a) Licensee acknowledges that Bloomberg or its Third Party Licensors, as applicable, are the owners or exclusive licensees of all right, title and interest in and to the trademark usage manual attached hereto Marks and the goodwill of the business related thereto and that all use of the Marks by Licensee (or its Named Affiliates, as Exhibit "B."applicable) shall inure solely to the benefit of Bloomberg or its Third Party Licensors. B. Distributer (b) Licensee shall not use during the term "BIOHEAT" standing alone. Distributer shall ALWAYS use Term or thereafter: (i) apply anywhere in the terms "BIOHEAT" as an adjective, world for registration in association with a noun, such as "biodiesel," "fuel oil," "heating oil," etc. C. Distributer shall not its own name or assist another in seeking registration in its name of the Marks or any mark or domain name consisting thereof or confusingly similar thereto or dilutive thereof; (ii) use the Marks in any way that disparages NBB, manner or commit any other act likely to jeopardize the rights of Bloomberg or its MaterialsThird Party Licensors; (iii) challenge Bloomberg’s or its Third Party Licensors’ exclusive ownership or primary license to or the validity of the Marks, programs, any application therefor or services, any registration thereof; or (iv) use or permit the use of the Marks in any manner that would diminish tend to devalue, injure or otherwise damage dilute the goodwill or reputation of any NBBBloomberg, including, but not limited to, uses that could be deemed to be obscene, pornographic, excessively violent, its Third Party Licensors or otherwise in poor taste or unlawful, or which purpose is to encourage unlawful activitiesthe Marks. D. Distributer shall not (c) Licensee acknowledges the importance of Bloomberg’s exercise of control over the quality of use of the Marks and the goods/services provided thereunder and agrees: (i) to use the Marks only in connection with the Permitted Purpose at a level of quality no less than then-current industry standards; (ii) to use the Marks in strict compliance with all guidelines provided by Bloomberg and with such trademark notices as Bloomberg shall direct, which guidelines and directions Bloomberg may revise from time to time; (iii) to provide Bloomberg with access to all materials, books and records relating to or bearing the Marks, including Informational Materials, as well as the goods and services provided under the Marks, in order to confirm Licensee’s (and its Named Affiliates, as applicable) adherence to such guidelines and directions; (iv) to provide Bloomberg with specimens of all use of the Marks upon reasonable advance notice; and (v) immediately to cease any use of the Marks which, in the opinion of Bloomberg, endangers or xxxxx the reputation or validity of the Marks, Bloomberg, any of Bloomberg’s affiliates or their Third Party Licensors. (d) Bloomberg may terminate this license if Licensee does not take all commercially reasonable steps to remedy such danger or harm as soon as reasonably practicable but in any event within thirty (30) days of receipt of written notice from Bloomberg. ii) The Licensee shall use disclaimers in substantially the form set out in Parts 1 and 2 of Annex 1 to this Service Schedule on Informational Materials in association accordance with products or services that do not meet subsection (iii) below in relation to the standards of Section 7 belowFinancial Product(s), as such disclaimers may be updated by Licensor from time to time. E. Distributer iii) The Licensee shall only use ensure that it and each applicable Named Affiliate includes: (A) Notice and disclaimer under part 1 of Annex 1 (Long Form Disclaimer) in any Offering Document; and (B) Notice and disclaimer under part 2 of Annex 1 (Short Form Disclaimer) in any other Information Materials that are not Offering Documents, in each case in English (unless otherwise required by Applicable Law) and in a prominent position where there is any substantive description of the Marks on products or services that meet or exceed the standards of Section 7 below. F. When using the trademarks "BIOHEAT," "BIOHEAT DESIGN XXXX," "BIOHEAT PLUS DESIGN XXXX," "BIOHEAT SUPER PLUS DESIGN XXXX" Financial Product and "THE EVOLUTION OF OILHEAT" in association with fuel oil, Distributer shall always use the trademarks "BIOHEAT," "BIOHEAT DESIGN XXXX," "BIOHEAT PLUS DESIGN XXXX," "BIOHEAT SUPER PLUS DESIGN XXXX" and "THE EVOLUTION OF OILHEAT" in association with the registered trademark symbol viz. Bioheat® or The Evolution of Oilheat®. G. All trademarks, service marks, trade names or logos (the "Marks") are the exclusive property of NBB. Distributer shall not take any action that jeopardizes NBB's proprietary rights or acquire any right in the Markssame font size as that description. Distributer shall not register, directly or indirectly, any trademark, service xxxx, trade name, copyright, company name or other proprietary or commercial right that is identical or confusingly similar to the Marks or that constitute a translation into other languages. Distributer shall use the Marks exclusively to identify the Blended FuelAny changes in these disclaimers must be approved in advance in writing by an authorized officer of Licensor.