Common use of Use of Trademarks Clause in Contracts

Use of Trademarks. 2.2.1 Veracyte hereby grants to Genzyme and its Affiliates a non-exclusive, royalty-free right and license to use the Trademarks of Veracyte solely in connection with performing its obligations hereunder. Genzyme hereby grants to Veracyte and its Affiliates a non-exclusive, royalty-free right and license to use the Trademarks of Genzyme solely in connection with performing its obligations hereunder. Genzyme and its Affiliates may use the Veracyte Trademarks on leaflets, brochures, advertising and other promotional material that describe the Test and products promoted, marketed and detailed by the Genzyme sales force promoting the Test. Veracyte and its Affiliates may use the Genzyme Trademarks on leaflets, brochures, advertising and other promotional and sales materials that describe the Test and products promoted by the Genzyme sales force promoting the Test. Notwithstanding the foregoing, any usage of a party’s Trademarks by the other party must be approved in advance by the party who owns the Trademarks, such approval not to be unreasonably withheld, delayed, or conditioned. It is understood and agreed that neither party shall use the other party’s Trademarks in Test labeling (which includes without limitation Collection Kit packaging, labels and package inserts, laboratory requisitions, and patient report forms) unless otherwise required by applicable laws and regulations (in which case the prior approval must still be obtained for such usage pursuant to the immediately preceding sentence). 2.2.2 Each party shall use the Trademarks only for the purposes authorized hereunder and, in particular, shall not use the Trademarks in a manner that would reduce or diminish the reputation, image and distinctiveness of the Trademarks. 2.2.3 Neither party shall, by virtue of this Agreement, obtain or claim any right, title or interest in or to the Trademarks of the other party, except the rights of use as are specifically set out herein, and each party hereby acknowledges and agrees that the goodwill arising from such use shall at all times inure for the benefit of the existing owner of the Trademark. 2.2.4 Neither party shall adopt or use any trademark, symbol or device which includes or which is confusingly similar to, or is a simulation or colorable imitation of, any of the Trademarks. Neither party shall apply to register the Trademarks or any trademark so nearly resembling them or any of them as may be likely to cause confusion and nothing in this Agreement shall be deemed to give either party any such right. 2.2.5 Each party shall, promptly upon written request by the other party, submit to the requesting party samples of any packaging, leaflets, brochures, advertising, promotional material and any other material relating to the Test necessary in order to monitor such party’s compliance with its obligations hereunder. Each party shall use the other party’s Trademarks in such font, form, color, size or other representation as are promptly approved in writing by such other party (such approval not to be unreasonably withheld, conditioned or delayed). 2.2.6 Nothing in this Agreement shall entitle Genzyme or Veracyte to use the other party’s Trademarks as part of any corporate business or trading name or logo or to use the Trademarks or any marks which are similar to the Trademarks in respect of any goods which are similar to the Test without the express written consent of the other party. 2.2.7 Each party shall ensure that whenever it uses the Trademarks of the other party, the party shall use Commercially Reasonable Efforts to ensure that such Trademarks accompanied by the appropriate wording and symbols (® or TM) necessary to either show that the Trademarks are registered trademarks or trademarks, as the case may be, of the other party or to otherwise protect such Trademarks. 2.2.8 Genzyme shall give Veracyte prompt written notice of any infringement or threatened infringement of any Trademarks of Veracyte used in connection with this Agreement that it becomes aware of, and Veracyte shall give Genzyme prompt written notice of any infringement or threatened infringement of any of the Trademarks of Genzyme used in connection with this Agreement that it becomes aware of. Veracyte shall determine in its sole discretion what action, if any, to take in response to the infringement or threatened infringement of any Veracyte Trademark. Genzyme shall determine in its sole discretion what action, if any, to take in response to the infringement or threatened infringement of any Genzyme Trademark.

Use of Trademarks. 2.2.1 Veracyte hereby grants Endo agrees to Genzyme market the Designated Product(s) in conjunction with the appropriate PPG Trademark(s), and its Affiliates a non-exclusiveas provided in this section, royalty-free right and license to use the Trademarks of Veracyte solely in connection with performing its obligations hereunder. Genzyme hereby grants to Veracyte and its Affiliates a non-exclusiveincluding uses on such packaging, royalty-free right and license to use the Trademarks of Genzyme solely in connection with performing its obligations hereunder. Genzyme and its Affiliates may use the Veracyte Trademarks on leaflets, brochures, advertising labeling and other promotional material that describe materials as the Test and products promotedAlliance Committee shall reasonably determine. The provisions of this Section 8 shall apply, marketed and detailed mutatis mutandis, to marketing of Designated Product(s) by the Genzyme sales force promoting the Test. Veracyte and PPG or its Affiliates may use the Genzyme Trademarks on leafletsdesignees as contemplated under Sections 4.2, brochures, advertising and other promotional and sales materials that describe the Test and products promoted by the Genzyme sales force promoting the Test. Notwithstanding the foregoing, any usage of a party’s Trademarks by the other party must be approved in advance by the party who owns the Trademarks, such approval not to be unreasonably withheld, delayed4.3, or conditioned. It is understood and agreed that neither party shall use the other party’s Trademarks in Test labeling (which includes without limitation Collection Kit packaging6.9, labels and package inserts, laboratory requisitions, and patient report forms) unless otherwise required by applicable laws and regulations (in which case the prior approval must still be obtained for such usage pursuant with respect to the immediately preceding sentence). 2.2.2 Each party shall use the Trademarks only for the purposes authorized hereunder and, in particular, shall not use the Trademarks in a manner that would reduce by PPG or diminish the reputation, image and distinctiveness such designees of the Endo Trademarks. 2.2.3 Neither party shallA. Endo acknowledges that all PPG Trademarks and all rights therein or registrations thereof, worldwide, shall belong exclusively to PPG. All use of the PPG Trademarks as contemplated in this Agreement by virtue Endo shall accrue to the benefit of PPG. Endo shall make no use of any of the PPG Trademarks except to identify and promote the Designated Product as contemplated hereunder for sale in the Territory. Endo shall not continue using the PPG Trademarks after termination or expiration of this Agreement, obtain nor after the removal or claim alteration of any rightsuch PPG Trademark from Exhibit 1.20, title except to complete the sale of inventory of the Designated Product on hand at the time of termination or expiration, or at the time of such removal or alteration. B. Xxxx xxxll cooperate with PPG to protect the interest of PPG in the PPG Trademarks, and shall neither attempt to register nor authorize others to register any PPG Trademarks without the prior written consent of PPG in each instance. Endo shall promptly inform PPG of any actual or apparent infringement of any PPG Trademarks or other intellectual properties of PPG which may come to Endo's attention during the term hereof. C. Xxxx xxxll use all appropriate notices of trademark status of the PPG Trademarks, including the "(TM)" designation (or the (R) symbol for registered marks, if any), in all labeling and promotional materials and shall otherwise conform with all policies and notices of PPG's rights in the marks and for the protection of the PPG Trademarks, including without limitation the inclusion of an appropriate footnote acknowledging the use of the PPG Trademark(s) under license. Endo will impose a spatial separation between any PPG Trademarks and any other names or marks of Endo or any others, and will not otherwise use any of PPG's names, marks or symbols in any manner that could, whether immediately or over time, create any substantial association between them and the business of Endo. D. Samples of the Designated Product and any advertising, promotional materials or packaging related thereto that bear the PPG Trademarks shall be provided by Endo to PPG at least thirty days prior to the Trademarks of the other party, except the rights of first use as are specifically set out hereinor sale thereof, and each party hereby acknowledges and agrees that at other times upon the goodwill arising from request of PPG. Endo shall not put any of such items into initial use without first obtaining the written approval of PPG, which approval shall not be unreasonably withheld. PPG shall at all times inure for have the benefit right to enter into Endo's facilities and/or to take other appropriate methods to check the quality of the existing owner Designated Product manufactured or offered by Endo, from time to time during the term of this Agreement. If at any time or times PPG thinks that the quality of the Trademark. 2.2.4 Neither party shall adopt Designated Product manufactured or use any trademark, symbol or device which includes or which is confusingly similar tooffered by Endo, or the packaging or promotional materials therefor, is a simulation or colorable imitation of, any of not suitable for using the Trademarks. Neither party shall apply to register the PPG Trademarks or any trademark so nearly resembling them of them, PPG, at its option, shall have the right to suspend or any prohibit the use of them as may be likely to cause confusion and nothing in this Agreement shall be deemed to give either party any such right. 2.2.5 Each party shallPPG Trademark(s), promptly upon written request by the other party, submit to the requesting party samples of any packaging, leaflets, brochures, advertising, promotional material and any other material relating to the Test necessary in order to monitor such party’s compliance with its obligations hereunder. Each party shall use the other party’s Trademarks in such font, form, color, size or other representation as are promptly approved in writing by such other party (such approval not to be unreasonably withheld, conditioned or delayed). 2.2.6 Nothing in this Agreement shall entitle Genzyme or Veracyte to use the other party’s Trademarks as part of any corporate business or trading name or logo or to use the Trademarks or any marks which are similar to the Trademarks in respect of any goods which are similar to the Test without the express written consent of the other party. 2.2.7 Each party shall ensure provided that whenever it uses the Trademarks of the other party, the party shall use Commercially Reasonable Efforts to ensure that such Trademarks accompanied by the appropriate wording and symbols (® or TM) necessary to either show that the Trademarks are registered trademarks or trademarks, as the case may be, of the other party or to otherwise protect such Trademarks. 2.2.8 Genzyme shall give Veracyte prompt PPG has given Endo a written notice thereof and a period of 60 days to bring them up to PPG's standards; provided further, however, that PPG need not give such opportunity to cure any infringement or threatened infringement deficiency that has been the subject of any Trademarks of Veracyte used in connection with this Agreement that it becomes aware of, and Veracyte shall give Genzyme prompt written notice of any infringement or threatened infringement of any of more than two such notices on prior occasions during the Trademarks of Genzyme used in connection with this Agreement that it becomes aware of. Veracyte shall determine in its sole discretion what action, if any, to take in response to the infringement or threatened infringement of any Veracyte Trademark. Genzyme shall determine in its sole discretion what action, if any, to take in response to the infringement or threatened infringement of any Genzyme Trademarkpreceding twelve months.

Use of Trademarks. 2.2.1 Veracyte hereby grants Except to Genzyme the extent prohibited by Applicable Laws, all Promotional Materials and its Affiliates a non-exclusiveProduct Labels and Inserts shall bear both the SteadyMed Trademarks and the Cardiome House Marks, royalty-free right and license the Parties shall mutually agree as to use the Trademarks placement and relative prominence of Veracyte solely in connection with performing its obligations hereunderthe SteadyMed House Marks and the Cardiome House Marks on all Promotional Materials and Product Labels and Inserts, subject to Applicable Laws. Genzyme hereby grants Cardiome shall discuss and refer to Veracyte Products and its Affiliates a non-exclusiveInfusion sets only under the Product Marks, royalty-free right and license to use the Trademarks of Genzyme solely in connection with performing its obligations hereunder. Genzyme and its Affiliates may use the Veracyte Trademarks on leaflets, brochures, advertising and other promotional material that describe the Test and products promoted, marketed and detailed by the Genzyme sales force promoting the Test. Veracyte and its Affiliates may use the Genzyme Trademarks on leaflets, brochures, advertising and other promotional and sales materials that describe the Test and products promoted by the Genzyme sales force promoting the Test. Notwithstanding the foregoing, any usage of a party’s Trademarks by the other party must be approved in advance by the party who owns the Trademarks, such approval not to be unreasonably withheld, delayed, or conditioned. It is understood and agreed that neither party shall use the other party’s Trademarks in Test labeling (which includes without limitation Collection Kit packaging, labels and package inserts, laboratory requisitions, and patient report forms) unless otherwise required by applicable laws and regulations (in which case the prior approval must still be obtained for such usage pursuant to the immediately preceding sentence). 2.2.2 Each party shall use the SteadyMed Trademarks only for on the purposes authorized hereunder and, Promotional Materials and Product Labels and Inserts and only in particular, shall not use accordance with the Trademarks in a manner that would reduce or diminish the reputation, image terms and distinctiveness of the Trademarks. 2.2.3 Neither party shall, by virtue conditions of this Agreement. In using any SteadyMed Trademark, obtain or claim any rightCardiome shall comply with all Trademark policies, title or interest in or instructions and guidelines provided by SteadyMed from time to time to maintain the Trademarks goodwill and value of the other party, except the rights of use as are specifically set out hereinSteadyMed Trademarks. Cardiome shall not, and each party hereby acknowledges shall require its Affiliates and agrees Sublicensees not to, (i) use, seek to register, or otherwise claim rights in the Territory in any Trademark that the goodwill arising from such use shall at all times inure for the benefit of the existing owner of the Trademark. 2.2.4 Neither party shall adopt or use any trademark, symbol or device which includes or which is confusingly similar to, misleading or is a simulation deceptive with respect to, or colorable imitation ofthat materially dilutes, any SteadyMed Trademark, (ii) adopt, use, or attempt to register any Trademarks that are confusingly similar to the SteadyMed Trademarks or use any SteadyMed Trademark in such a way as to create combination marks with such SteadyMed Trademark (including, without limitation, any such combination xxxx with any Cardiome House Xxxx or other Cardiome Trademarks); or (iii) knowingly do, cause to be done, or knowingly omit to do any act, the doing, causing or omitting of which endangers, undermines, impairs, destroys or similarly affects, in any material respect, the validity or strength of any SteadyMed Trademark (including any registration or pending registration application relating thereto) or the value of the Trademarksgoodwill pertaining to any SteadyMed Trademark. Neither party shall apply to register the Trademarks or any trademark so nearly resembling them or any of them as may be likely to cause confusion and nothing in this Agreement shall be deemed to give either party any such right. 2.2.5 Each party shall, promptly upon written request by the other party, submit to the requesting party samples of any packaging, leaflets, brochures, advertising, promotional material and any other material relating to the Test necessary in order to monitor such party’s compliance with its obligations hereunder. Each party shall use the other party’s Trademarks in such font, form, color, size or other representation as are promptly approved in writing by such other party (such approval not to be unreasonably withheld, conditioned or delayed). 2.2.6 Nothing in this Agreement shall entitle Genzyme or Veracyte All rights to use the other party’s SteadyMed Trademarks as part granted hereunder shall automatically terminate upon the expiration or termination of any corporate business or trading name or logo or to use the Trademarks or any marks which are similar to the Trademarks in respect of any goods which are similar to the Test without the express written consent of the other partythis Agreement. 2.2.7 Each party shall ensure that whenever it uses the Trademarks of the other party, the party shall use Commercially Reasonable Efforts to ensure that such Trademarks accompanied by the appropriate wording and symbols (® or TM) necessary to either show that the Trademarks are registered trademarks or trademarks, as the case may be, of the other party or to otherwise protect such Trademarks. 2.2.8 Genzyme shall give Veracyte prompt written notice of any infringement or threatened infringement of any Trademarks of Veracyte used in connection with this Agreement that it becomes aware of, and Veracyte shall give Genzyme prompt written notice of any infringement or threatened infringement of any of the Trademarks of Genzyme used in connection with this Agreement that it becomes aware of. Veracyte shall determine in its sole discretion what action, if any, to take in response to the infringement or threatened infringement of any Veracyte Trademark. Genzyme shall determine in its sole discretion what action, if any, to take in response to the infringement or threatened infringement of any Genzyme Trademark.

Use of Trademarks. 2.2.1 Veracyte hereby grants Except to Genzyme the extent prohibited by Applicable Laws, all Promotional Materials and its Affiliates a non-exclusiveProduct Labels and Inserts shall bear both the SteadyMed Trademarks and the Cardiome House Marks, royalty-free right and license the Parties shall mutually agree as to use the Trademarks placement and relative prominence of Veracyte solely in connection with performing its obligations hereunderthe SteadyMed House Marks and the Cardiome House Marks on all Promotional Materials and Product Labels and Inserts, subject to Applicable Laws. Genzyme hereby grants Cardiome shall discuss and refer to Veracyte Products and its Affiliates a non-exclusiveInfusion sets only under the Product Marks, royalty-free right and license to use the Trademarks of Genzyme solely in connection with performing its obligations hereunder. Genzyme and its Affiliates may use the Veracyte Trademarks on leaflets, brochures, advertising and other promotional material that describe the Test and products promoted, marketed and detailed by the Genzyme sales force promoting the Test. Veracyte and its Affiliates may use the Genzyme Trademarks on leaflets, brochures, advertising and other promotional and sales materials that describe the Test and products promoted by the Genzyme sales force promoting the Test. Notwithstanding the foregoing, any usage of a party’s Trademarks by the other party must be approved in advance by the party who owns the Trademarks, such approval not to be unreasonably withheld, delayed, or conditioned. It is understood and agreed that neither party shall use the other party’s Trademarks in Test labeling (which includes without limitation Collection Kit packaging, labels and package inserts, laboratory requisitions, and patient report forms) unless otherwise required by applicable laws and regulations (in which case the prior approval must still be obtained for such usage pursuant to the immediately preceding sentence). 2.2.2 Each party shall use the SteadyMed Trademarks only for on the purposes authorized hereunder and, Promotional Materials and Product Labels and Inserts and only in particular, shall not use accordance with the Trademarks in a manner that would reduce or diminish the reputation, image terms and distinctiveness of the Trademarks. 2.2.3 Neither party shall, by virtue conditions of this Agreement. In using any SteadyMed Trademark, obtain or claim any rightCardiome shall comply with all Trademark policies, title or interest in or instructions and guidelines provided by SteadyMed from time to time to maintain the Trademarks goodwill and value of the other party, except the rights of use as are specifically set out hereinSteadyMed Trademarks. Cardiome shall not, and each party hereby acknowledges shall require its Affiliates and agrees Sublicensees not to, (i) use, seek to register, or otherwise claim rights in the Territory in any Trademark that the goodwill arising from such use shall at all times inure for the benefit of the existing owner of the Trademark. 2.2.4 Neither party shall adopt or use any trademark, symbol or device which includes or which is confusingly similar to, misleading or is a simulation deceptive with respect to, or colorable imitation ofthat materially dilutes, any SteadyMed Trademark, (ii) adopt, use, or attempt to register any Trademarks that are confusingly similar to the SteadyMed Trademarks or use any SteadyMed Trademark in such a way as to create combination marks with such SteadyMed Trademark (including, without limitation, any such combination mark with any Cardiome House Mark or other Cardiome Trademarks); or (iii) knowingly do, cause to be done, or knowingly omit to do any act, the doing, causing or omitting of which endangers, undermines, impairs, destroys or similarly affects, in any material respect, the validity or strength of any SteadyMed Trademark (including any registration or pending registration application relating thereto) or the value of the Trademarksgoodwill pertaining to any SteadyMed Trademark. Neither party shall apply to register the Trademarks or any trademark so nearly resembling them or any of them as may be likely to cause confusion and nothing in this Agreement shall be deemed to give either party any such right. 2.2.5 Each party shall, promptly upon written request by the other party, submit to the requesting party samples of any packaging, leaflets, brochures, advertising, promotional material and any other material relating to the Test necessary in order to monitor such party’s compliance with its obligations hereunder. Each party shall use the other party’s Trademarks in such font, form, color, size or other representation as are promptly approved in writing by such other party (such approval not to be unreasonably withheld, conditioned or delayed). 2.2.6 Nothing in this Agreement shall entitle Genzyme or Veracyte All rights to use the other party’s SteadyMed Trademarks as part granted hereunder shall automatically terminate upon the expiration or termination of any corporate business or trading name or logo or to use the Trademarks or any marks which are similar to the Trademarks in respect of any goods which are similar to the Test without the express written consent of the other partythis Agreement. 2.2.7 Each party shall ensure that whenever it uses the Trademarks of the other party, the party shall use Commercially Reasonable Efforts to ensure that such Trademarks accompanied by the appropriate wording and symbols (® or TM) necessary to either show that the Trademarks are registered trademarks or trademarks, as the case may be, of the other party or to otherwise protect such Trademarks. 2.2.8 Genzyme shall give Veracyte prompt written notice of any infringement or threatened infringement of any Trademarks of Veracyte used in connection with this Agreement that it becomes aware of, and Veracyte shall give Genzyme prompt written notice of any infringement or threatened infringement of any of the Trademarks of Genzyme used in connection with this Agreement that it becomes aware of. Veracyte shall determine in its sole discretion what action, if any, to take in response to the infringement or threatened infringement of any Veracyte Trademark. Genzyme shall determine in its sole discretion what action, if any, to take in response to the infringement or threatened infringement of any Genzyme Trademark.

Use of Trademarks. 2.2.1 Veracyte hereby grants Endo agrees to Genzyme market the Designated Product(s) in ----------------- conjunction with the appropriate PPG Trademark(s), and its Affiliates a non-exclusiveas provided in this section, royalty-free right and license to use the Trademarks of Veracyte solely in connection with performing its obligations hereunder. Genzyme hereby grants to Veracyte and its Affiliates a non-exclusiveincluding uses on such packaging, royalty-free right and license to use the Trademarks of Genzyme solely in connection with performing its obligations hereunder. Genzyme and its Affiliates may use the Veracyte Trademarks on leaflets, brochures, advertising labeling and other promotional material that describe materials as the Test and products promotedAlliance Committee shall reasonably determine. The provisions of this Section 8 shall apply, marketed and detailed mutatis mutandis, to marketing of Designated Product(s) by the Genzyme sales force promoting the Test. Veracyte and PPG or its Affiliates may use the Genzyme Trademarks on leafletsdesignees as contemplated under Sections 4.2, brochures, advertising and other promotional and sales materials that describe the Test and products promoted by the Genzyme sales force promoting the Test. Notwithstanding the foregoing, any usage of a party’s Trademarks by the other party must be approved in advance by the party who owns the Trademarks, such approval not to be unreasonably withheld, delayed4.3, or conditioned. It is understood and agreed that neither party shall use the other party’s Trademarks in Test labeling (which includes without limitation Collection Kit packaging6.9, labels and package inserts, laboratory requisitions, and patient report forms) unless otherwise required by applicable laws and regulations (in which case the prior approval must still be obtained for such usage pursuant with respect to the immediately preceding sentence). 2.2.2 Each party shall use the Trademarks only for the purposes authorized hereunder and, in particular, shall not use the Trademarks in a manner that would reduce by PPG or diminish the reputation, image and distinctiveness such designees of the Endo Trademarks. 2.2.3 Neither party shall8.1 Endo acknowledges that all PPG Trademarks and all rights therein or registrations thereof, worldwide, shall belong exclusively to PPG. All use of the PPG Trademarks as contemplated in this Agreement by virtue Endo shall accrue to the benefit of PPG. Endo shall make no use of any of the PPG Trademarks except to identify and promote the Designated Product as contemplated hereunder for sale in the Territory. Endo shall not continue using the PPG Trademarks after termination or expiration of this Agreement, obtain nor after the removal or claim alteration of any rightsuch PPG Trademark from Exhibit 1.20, title except to complete the sale of inventory of the Designated Product on hand at the time of termination or expiration, or at the time of such removal or alteration. 8.2 Endo shall cooperate with PPG to protect the interest of PPG in the PPG Trademarks, and shall neither attempt to register nor authorize others to register any PPG Trademarks without the prior written consent of PPG in each instance. Endo shall promptly inform PPG of any actual or apparent infringement of any PPG Trademarks or other intellectual properties of PPG which may come to Endo's attention during the term hereof. 8.3 Endo shall use all appropriate notices of trademark status of the PPG Trademarks, including the "(TM)" designation (or the (R) symbol for registered marks, if any), in all labeling and promotional materials and shall otherwise conform with all policies and notices of PPG's rights in the marks and for the protection of the PPG Trademarks, including without limitation the inclusion of an appropriate footnote acknowledging the use of the PPG Trademark(s) under license. Endo will impose a spatial separation between any PPG Trademarks and any other names or marks of Endo or any others, and will not otherwise use any of PPG's names, marks or symbols in any manner that could, whether immediately or over time, create any substantial association between them and the business of Endo. 8.4 Samples of the Designated Product and any advertising, promotional materials or packaging related thereto that bear the PPG Trademarks shall be provided by Endo to PPG at least thirty days prior to the Trademarks of the other party, except the rights of first use as are specifically set out hereinor sale thereof, and each party hereby acknowledges and agrees that at other times upon the goodwill arising from request of PPG. Endo shall not put any of such items into initial use without first obtaining the written approval of PPG, which approval shall not be unreasonably withheld. PPG shall at all times inure for have the benefit right to enter into Endo's facilities and/or to take other appropriate methods to check the quality of the existing owner Designated Product manufactured or offered by Endo, from time to time during the term of this Agreement. If at any time or times PPG thinks that the quality of the Trademark. 2.2.4 Neither party shall adopt Designated Product manufactured or use any trademark, symbol or device which includes or which is confusingly similar tooffered by Endo, or the packaging or promotional materials therefor, is a simulation or colorable imitation of, any of not suitable for using the Trademarks. Neither party shall apply to register the PPG Trademarks or any trademark so nearly resembling them of them, PPG, at its option, shall have the right to suspend or any prohibit the use of them as may be likely to cause confusion and nothing in this Agreement shall be deemed to give either party any such right. 2.2.5 Each party shallPPG Trademark(s), promptly upon written request by the other party, submit to the requesting party samples of any packaging, leaflets, brochures, advertising, promotional material and any other material relating to the Test necessary in order to monitor such party’s compliance with its obligations hereunder. Each party shall use the other party’s Trademarks in such font, form, color, size or other representation as are promptly approved in writing by such other party (such approval not to be unreasonably withheld, conditioned or delayed). 2.2.6 Nothing in this Agreement shall entitle Genzyme or Veracyte to use the other party’s Trademarks as part of any corporate business or trading name or logo or to use the Trademarks or any marks which are similar to the Trademarks in respect of any goods which are similar to the Test without the express written consent of the other party. 2.2.7 Each party shall ensure provided that whenever it uses the Trademarks of the other party, the party shall use Commercially Reasonable Efforts to ensure that such Trademarks accompanied by the appropriate wording and symbols (® or TM) necessary to either show that the Trademarks are registered trademarks or trademarks, as the case may be, of the other party or to otherwise protect such Trademarks. 2.2.8 Genzyme shall give Veracyte prompt PPG has given Endo a written notice thereof and a period of 60 days to bring them up to PPG's standards; provided further, however, that PPG need not give such opportunity to cure any infringement or threatened infringement deficiency that has been the subject of any Trademarks of Veracyte used in connection with this Agreement that it becomes aware of, and Veracyte shall give Genzyme prompt written notice of any infringement or threatened infringement of any of more than two such notices on prior occasions during the Trademarks of Genzyme used in connection with this Agreement that it becomes aware of. Veracyte shall determine in its sole discretion what action, if any, to take in response to the infringement or threatened infringement of any Veracyte Trademark. Genzyme shall determine in its sole discretion what action, if any, to take in response to the infringement or threatened infringement of any Genzyme Trademarkpreceding twelve months.

Use of Trademarks. 2.2.1 Veracyte hereby grants 13.01 With respect to Genzyme and its Affiliates a non-exclusivethe use of any of the trademarks associated with the Products, royalty-free right and license now or at any time registered in the name of DIAMANT™ (the "Trademarks"), the parties agree as follows: (a) all representations of any Trademarks which the Distributor intends to use in any promotional materials (the "Materials") shall be submitted to DIAMANT™ for prior approval of design, colour and other details and no Materials containing any of the Trademarks shall be distributed by the Distributor or on behalf of Veracyte solely the Distributor without the written approval of DIAMANT™; and (b) DIAMANT™ shall not withhold its approval unreasonably and, unless DIAMANT™ has advised the Distributor in connection with performing its obligations hereunder. Genzyme hereby grants writing within three (3) business days of receipt of the Materials for approval that DIAMANT™ does not approve of the use of such Materials, DIAMANT™ shall be deemed to Veracyte and its Affiliates a non-exclusive, royalty-free right and license to have approved of the use of such materials. 13.02 The Distributor shall not change or vary any of the Trademarks nor use any other Trademarks, which are similar to or substantially similar to, or so nearly resembling the Trademarks so as to be likely to cause deception or confusion to the public. 13.03 Unless otherwise provided in this Agreement, the Distributor shall accompany any and all print use of Genzyme solely the Trademarks with an asterisk printed closely adjacent to each printed representation of the Trademarks, to which will be related on the same page the legend "DIAMANT™ Trademark". 13.04 With respect to the use of the Trademarks the Distributor agrees as follows: (a) the Distributor recognizes that DIAMANT™ is the owner of the Trademarks and all the goodwill therein and agrees that the same shall remain vested in connection with performing its obligations hereunder. Genzyme DIAMANT™ both during the term of this Agreement and its Affiliates may thereafter and that the use of the Veracyte Trademarks on leaflets, brochures, advertising and other promotional material that describe the Test and products promoted, marketed and detailed by the Genzyme sales force promoting the Test. Veracyte and its Affiliates may use the Genzyme Trademarks on leaflets, brochures, advertising and other promotional and sales materials that describe the Test and products promoted by the Genzyme sales force promoting the Test. Notwithstanding the foregoing, any usage of a party’s Trademarks by the other party must Distributor shall be approved in advance by used on behalf and for the party who owns the Trademarks, such approval benefit of DIAMANT™. The Distributor agrees not to be unreasonably withheld, delayed, challenge the validity or conditioned. It is understood and agreed that neither party shall use the other party’s Trademarks in Test labeling (which includes without limitation Collection Kit packaging, labels and package inserts, laboratory requisitions, and patient report forms) unless otherwise required by applicable laws and regulations (in which case the prior approval must still be obtained for such usage pursuant to the immediately preceding sentence). 2.2.2 Each party shall use ownership of the Trademarks only for and/or the purposes authorized hereunder goodwill therein; and, in particular, shall not (b) any goodwill which the Distributor may acquire from the use of the Trademarks shall vest in a manner that would reduce and become the absolute property of DIAMANT™ and the Distributor undertakes and agrees at the request and expense of DIAMANT™, whether before or diminish after the reputation, image and distinctiveness of the Trademarks. 2.2.3 Neither party shall, by virtue termination of this Agreement, obtain or claim any right, title or interest in or to the Trademarks of the other party, except the rights of use as are specifically set out herein, execute all such instruments and each party hereby acknowledges and agrees that the goodwill arising from to do all such use shall at all times inure for the benefit of the existing owner of the Trademark. 2.2.4 Neither party shall adopt or use any trademark, symbol or device which includes or which is confusingly similar to, or is a simulation or colorable imitation of, any of the Trademarks. Neither party shall apply to register the Trademarks or any trademark so nearly resembling them or any of them acts as may be likely necessary and desirable to cause confusion and nothing vest absolutely in this Agreement shall be deemed to give either party any such rightDIAMANT™ the said goodwill. 2.2.5 Each party shall, promptly upon written request by the other party, submit to the requesting party samples of any packaging, leaflets, brochures, advertising, promotional material and any other material relating to the Test necessary in order to monitor such party’s compliance with its obligations hereunder. Each party shall use the other party’s Trademarks in such font, form, color, size or other representation as are promptly approved in writing by such other party (such approval not to be unreasonably withheld, conditioned or delayed). 2.2.6 Nothing in this Agreement shall entitle Genzyme or Veracyte to use the other party’s Trademarks as part of any corporate business or trading name or logo or to use the Trademarks or any marks which are similar to the Trademarks in respect of any goods which are similar to the Test without the express written consent of the other party. 2.2.7 Each party shall ensure that whenever it uses the Trademarks of the other party, the party shall use Commercially Reasonable Efforts to ensure that such Trademarks accompanied by the appropriate wording and symbols (® or TM) necessary to either show that the Trademarks are registered trademarks or trademarks, as the case may be, of the other party or to otherwise protect such Trademarks. 2.2.8 Genzyme shall give Veracyte prompt written notice of any infringement or threatened infringement of any Trademarks of Veracyte used in connection with this Agreement that it becomes aware of, and Veracyte shall give Genzyme prompt written notice of any infringement or threatened infringement of any of the Trademarks of Genzyme used in connection with this Agreement that it becomes aware of. Veracyte shall determine in its sole discretion what action, if any, to take in response to the infringement or threatened infringement of any Veracyte Trademark. Genzyme shall determine in its sole discretion what action, if any, to take in response to the infringement or threatened infringement of any Genzyme Trademark.