Common use of Corporate Marks Clause in Contracts

Corporate Marks. Subject to the terms and conditions of this Agreement, Xeris hereby grants to Beta a non-exclusive, royalty-free, sublicensable in accordance with Section 2.3 (Sublicensing), license under the Corporate Marks of Xeris (a) during the Term, solely for the Development, Packaging and Labeling, and Commercialization of the Glucagon Products in the Field in the Territory and (b) commencing upon the Manufacturing Transfer Date and continuing throughout the Term, solely for the Manufacture of the Glucagon Products in the Field in the Territory, in each case ((a) or (b)), to the extent permitted under Applicable Law. In the exercise of the license set forth in this Section 2.2.3 (Corporate Marks) (a) Beta shall, and shall require its Affiliates and any Sublicensee to, use the Corporate Marks of Xeris in a manner consistent with Xeris’ reasonable trademark usage policy and guidelines that are provided to Beta in writing from time to time, and in a manner that does not otherwise diminish the value of or dilute such Corporate Marks of Xeris; (b) Beta shall, upon Xeris’ reasonable request from time to time, provide samples of the Packaging and Labeling, advertising or promotional materials that use such Corporate Marks; and (c) Beta shall promptly notify Xeris if it becomes aware of an actual or threatened (in writing) infringement of the Corporate Marks of Xeris in connection with activities contemplated under this Agreement. All goodwill arising from the use by Beta, its Affiliates and Sublicensees of the Corporate Marks of Xeris belongs to and will inure to Xeris or its applicable Affiliate.