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EXHIBIT 10.16
TRADEMARK AND ANCILLARY RIGHTS ASSIGNMENT
THIS TRADEMARK AND ANCILLARY RIGHTS ASSIGNMENT ("Assignment") is entered
into effective as of the 1st day of November, 2000, by and between ENMAX
CORPORATION, a Utah corporation (the "Corporation"), and XXXXXXXXXX.XXX, INC., a
Utah corporation ("EnvironMax").
RECITALS:
A. The Corporation owns and uses in its business operations certain
trademarks, tradenames, service marks and logos more particularly described on
Exhibit "A" attached hereto arising from, but not limited to, certain common law
rights and filings and applications with the State of Utah and/or the federal
government of the United States (collectively, the "Trademark and Ancillary
Rights").
B. The Corporation desires to assign to EnvironMax, and EnvironMax
desires to accept, all of the Corporation's interest, rights, duties, privileges
and preferences with respect to the Trademark and Ancillary Rights.
ASSIGNMENT:
NOW, THEREFORE, for good and valuable consideration, including the
consideration specified in that certain Xxxx of Sale dated as of March 15, 2000
between the Corporation and EnvironMax, the receipt and sufficiency of which are
hereby acknowledged, the Corporation hereby assigns, transfers, conveys and
relinquishes to EnvironMax all right, title and interest the Corporation may now
or hereafter possess in and to the Trademark and Ancillary Rights, on a
worldwide basis, together with the good will symbolized by any trademarks,
tradenames, service marks and logos comprising part of the Trademark and
Ancillary Rights, including all common law tradename and company home rights
associated therewith, and the right to xxx and recover damages for past
infringement of any of the trademarks, tradenames, service marks or logos
comprising any part of the Trademark and Ancillary Rights.
IN WITNESS WHEREOF, this Assignment has been executed as of the day and
date first noted above.
ENMAX CORPORATION
By: /s/ XXXXXXX XXXXXXXX
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Its: Executive Vice President
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EXHIBIT "A"
1. XxxxxxxXxx.xxx, Inc.
2. XxxxxxxXxx.xxx
3. EnvironMax
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