NON-EXCLUSIVE LICENSE AGREEMENT
AGREEMENT dated as of March 4, 1998 between BULL & BEAR GROUP, INC., a
Delaware corporation (the "Licensor") and BULL & BEAR GOLD INVESTORS LTD., a
Maryland corporation (the "Licensee").
WITNESSETH
WHEREAS, the Licensor is the owner of all right, title and interest in
and to the service marks listed on Schedule A hereto, as such Schedule may be
amended from time to time, (hereinafter collectively referred to as the
"Licensed Marks"), and
WHEREAS, the Licensee has requested a non-exclusive license
to use the Licensed Marks in connection with its corporate
activities,
NOW, THEREFORE, the parties hereto agree as follows:
I . The Licensor grants to the Licensee the non-exclusive right to use
the Licensed Marks in connection with its activities as an investment
company.
2. The grant of the license provided for in paragraph I herein is
personal, indivisible, nonexclusive and not subject to succession or
transfer.
3. The Licensee agrees to follow all rules reasonably imposed by the
Licensor to protect the Licensor's rights in the Licensed Marks.
4. The Licensee agrees that the nature and quality of all services
rendered by the Licensee in connection with the Licensed Marks shall
conform to standards set by the Licensor and be under control of the
Licensor.
5. The license provided for in this Agreement may be terminated in the
event the Investment Manager of the Licensee shall not be Bull & Bear
Advisers, Inc. or some other corporation controlling, controlled by, or
under the common control of the Licensor.
6. In the event of termination as provided for in paragraph 5 herein, the
Licensee agrees to promptly do all such acts and things as may be
necessary to terminate its use of the Licensed Marks and will, after
such termination, make no further reference to the Licensed Marks or
any confusingly similar term in its business.
7. The Licensor and the Licensee agree to do all such further acts and
things to effect the purposes of this Agreement.
8. The representations and warranties contained herein shall
continue after and survive the termination of this Agreement.
No provision of this Agreement may be amended or modified in
any manner except by a written agreement properly authorized
and executed by each party hereto. This agreement may not be
assigned by the Licensee without the prior written consent of
the Licensor, although the Licensor may assign this Agreement
at any time without notice or penalty. Subject to the
Licensee's Articles of Incorporation, with such amendments, if
any, as may be in effect as of the date hereof, this Agreement
supersedes any prior agreement between the parties.
IN WITNESS WHEREOF, the parties hereto have caused this
Agreement to be duly
executed and delivered as of the day and year first above written.
BULL & BEAR GROUP, INC.
By: ,
BULL & BEAR GOLD INVESTORS LTD.
By:
Gold Investors.mTd 2
SCHEDULE A
1. BULL & BEAR PERFORMANCE ACCOUNT
2. BULL & BEAR PERFORMANCE PLUS ACCOUNT
3. PERFORMANCE
4. BULL & BEAR
5. PERFORMANCE DRIVEN
6. BULL & BEAR PERFORMANCE DTIVEN
7. BULL & BEAR STOC@
9. BULL & BEAR NO-FEE XXX
10. PERFORMANCE PLUS
SCHEDULE A Page 1 of 2
