Common use of Intangible Property Clause in Contracts

Intangible Property. Target and the Target Subsidiaries own, possess or have adequate rights to use all trademarks, trade names, patents, service marks, brand marks, brand names, computer programs, databases, industrial designs, domain names and copyrights currently used in the operation of the businesses of each of Target and the Target Subsidiaries (collectively, the "TARGET INTANGIBLE PROPERTY"), except where the failure to possess or have adequate rights to use such property, individually or in the aggregate, would not reasonably be expected to have a Target Material Adverse Effect. Section 3.18 of the Target Disclosure Letter sets forth a list of all trademarks, trade names, patents, service marks and domain names owned by Target or any Target Subsidiary. All of Target Intangible Property is owned or licensed by Target or the Target Subsidiaries free and clear of any and all Encumbrances, except as would not, individually or in the aggregate, reasonably be expected to have a Target Material Adverse Effect, and neither Target nor any such Target Subsidiary has forfeited or otherwise relinquished any Target Intangible Property. To the Knowledge of Target, the use of Target Intangible Property by Target or the Target Subsidiaries does not in any material respect, conflict with, infringe upon, violate or interfere with or constitute an appropriation of any right, title, interest or goodwill, including, without limitation, any intellectual property right, trademark, trade name, patent, service ▇▇▇▇, brand ▇▇▇▇, brand name, computer program, database, industrial design, copyright or any pending application therefore, of any other Person. Except as set forth in Section 3.18 of the Target Disclosure Letter, to the Knowledge of Target, there have been no claims made, and neither Target nor any of the Target Subsidiaries has received any notice of any claim nor does Target otherwise have Knowledge that any of Target Intangible Property is invalid or conflicts with the asserted rights of any other Person or has not been used or enforced or has failed to have been used or enforced in a manner that would result in the abandonment, cancellation or unenforceability of any of Target Intangible Property, except as would not, individually or in the aggregate, reasonably be expected to have a Target Material Adverse Effect.

Intangible Property. Target HT, HLP and the Target Subsidiaries own, possess each Subsidiary owns or have adequate holds a -------------------- license to all rights necessary to use all trademarks, service marks, trade names, patents, service marks, brand marks, brand namescopyrights, computer programs, source code, object code, databases, industrial designs, domain names processes, formulae, know-how, and copyrights currently used in trade secrets necessary for the operation of the businesses of each of Target and the Target Subsidiaries HT, HLP or any Subsidiary (collectively, the "TARGET INTANGIBLE PROPERTYHT Intangible Property"), except where the ------------------------ failure to possess or have adequate rights to use such propertyproperties has not had, individually or in the aggregate, would and could not reasonably be expected to have have, a Target Material Adverse Effect. Section 3.18 All of the Target Disclosure Letter sets forth a list of all trademarks, trade names, patents, service marks and domain names owned by Target or any Target Subsidiary. All of Target HT Intangible Property is owned or licensed by Target HT, HLP or the Target Subsidiaries any Subsidiary free and clear of any and all Encumbrances, except as would notthose that have not had, individually or in the aggregate, and could not reasonably be expected to have have, a Target Material Adverse Effect, and neither Target HT, HLP nor any such Target Subsidiary has forfeited or otherwise relinquished any Target HT Intangible PropertyProperty which forfeiture has resulted, or could reasonably be expected to result, in a Material Adverse Effect. To the Knowledge of TargetHT, HLP or any Subsidiary, the use of Target HT Intangible Property by Target HT, HLP or the Target Subsidiaries any Subsidiary does not in any material respect, conflict with, infringe upon, violate or interfere with or constitute an appropriation of any right, title, interest or goodwill, including, without limitation, any intellectual property right, copyright, trademark, trade name, patent, service ▇▇▇▇, brand ▇▇▇▇, brand trade name, patent or any pending application for any of the foregoing, any computer program, source code, object code, database, industrial design, copyright process, formula, know-how, or any pending application therefore, trade secret of any other Person. Except as set forth in Section 3.18 of the Target Disclosure Letter, to the Knowledge of Target, and there have been no claims made, and neither Target HT, HLP nor any of the Target Subsidiaries Subsidiary has received any notice of any claim nor does Target otherwise have Knowledge that any claim, and none of Target the HT Intangible Property is invalid or unenforceable or conflicts with the asserted rights of any other Person or has not been used or enforced or has failed to have been used or enforced in a manner that would result in the abandonment, cancellation or unenforceability of any of Target HT Intangible Property, except as would notfor any such conflict, individually infringement, violation, interference, claim, invalidity, abandonment, cancellation or in the aggregate, unenforceability that has not had and could not reasonably be expected to have a Target Material Adverse Effect.

Intangible Property. Target ProLogis and the Target ProLogis Subsidiaries own, possess or have adequate rights to use all trademarks, trade names, patents, service marks, brand marks, brand names, computer programs, databases, industrial designs, domain names designs and copyrights currently used in necessary for the operation of the businesses of each of Target ProLogis and the Target ProLogis Subsidiaries (collectively, the "TARGET INTANGIBLE PROPERTY"“ProLogis Intangible Property”), except where the failure to possess or have adequate rights to use such propertyproperties, individually or in the aggregate, would not reasonably be expected to have a Target ProLogis Material Adverse Effect. Section 3.18 All of the Target Disclosure Letter sets forth a list of all trademarks, trade names, patents, service marks and domain names owned by Target or any Target Subsidiary. All of Target ProLogis Intangible Property is owned or licensed by Target ProLogis or the Target ProLogis Subsidiaries free and clear of any and all EncumbrancesLiens, except as would notthose that, individually or in the aggregate, would not reasonably be expected to have a Target ProLogis Material Adverse Effect, and neither Target ProLogis nor any such Target ProLogis Subsidiary has forfeited or otherwise relinquished any Target ProLogis Intangible PropertyProperty which forfeiture has resulted in, individually or in the aggregate, or would reasonably be expected to result in a ProLogis Material Adverse Effect. To the Knowledge of TargetProLogis, the use of Target ProLogis Intangible Property by Target ProLogis or the Target ProLogis Subsidiaries does not in any material respect, conflict with, infringe upon, violate or interfere with or constitute an appropriation of any right, title, interest or goodwill, including, without limitation, including any intellectual property right, trademark, trade name, patent, service ▇▇▇▇, brand ▇▇▇▇, brand name, computer program, database, industrial design, copyright or any pending application thereforetherefor, of any other Person. Except as set forth in Section 3.18 of the Target Disclosure Letter, to the Knowledge of Target, there have been no claims made, and neither Target ProLogis nor any of the Target ProLogis Subsidiaries has received any notice of any claim nor does Target or otherwise have Knowledge knows that any of Target the ProLogis Intangible Property is invalid or conflicts with the asserted rights of any other Person or has not been used or enforced or has failed to have been used or enforced in a manner that would result in the abandonment, cancellation or unenforceability of any of Target the ProLogis Intangible Property, except as would notfor any such conflict, infringement, violation, interference, claim, invalidity, abandonment, cancellation or unenforceability that, individually or in the aggregate, would not reasonably be expected to have a Target ProLogis Material Adverse Effect.

Intangible Property. Target Chateau and the Target Chateau Subsidiaries own, possess or have adequate rights to use all trademarks, trade names, patents, service marks, brand marks, brand names, computer programs, databases, industrial designs, domain names designs and copyrights currently used in necessary for the operation of the businesses of each of Target Chateau and the Target Chateau Subsidiaries (collectively, the "TARGET INTANGIBLE PROPERTYChateau Intangible Property"), except where the failure to possess or have adequate rights to use such propertyproperties, individually or in the aggregate, would not reasonably be expected to have a Target Chateau Material Adverse Effect. Section 3.18 All of the Target Disclosure Letter sets forth a list of all trademarks, trade names, patents, service marks and domain names owned by Target or any Target Subsidiary. All of Target Chateau Intangible Property is owned or licensed by Target Chateau or the Target Chateau Subsidiaries free and clear of any and all EncumbrancesLiens, except as would notthose that, individually or in the aggregate, would not reasonably be expected to have a Target Chateau Material Adverse Effect, and neither Target Chateau nor any such Target Chateau Subsidiary has forfeited or otherwise relinquished any Target Chateau Intangible PropertyProperty which forfeiture has resulted in, individually or in the aggregate, or would reasonably be expected to result in a Chateau Material Adverse Effect. To the Knowledge of TargetChateau, the use of Target Chateau Intangible Property by Target Chateau or the Target Chateau Subsidiaries does not in any material respect, conflict with, infringe upon, violate or interfere with or constitute an appropriation of any right, title, interest or goodwill, including, without limitation, including any intellectual property right, trademark, trade name, patent, service ▇▇▇▇mark, brand ▇▇▇▇mark, brand name, computer program, database, industrial designde▇▇▇▇, copyright copyri▇▇▇ or any pending application thereforetherefor, of any other Person. Except as set forth in Section 3.18 of the Target Disclosure Letter, to the Knowledge of Target, and there have been no claims made, and neither Target Chateau nor any of the Target Chateau Subsidiaries has received any notice of any claim nor does Target or otherwise have Knowledge knows that any of Target the Chateau Intangible Property is invalid or conflicts with the asserted rights of any other Person or has not been used or enforced or has failed to have been used or enforced in a manner that would result in the abandonment, cancellation or unenforceability of any of Target the Chateau Intangible Property, except as would notfor any such conflict, infringement, violation, interference, claim, invalidity, abandonment, cancellation or unenforceability that, individually or in the aggregate, would not reasonably be expected to have a Target Chateau Material Adverse Effect.

Intangible Property. Target Drilex and the Target its Subsidiaries own, possess or have adequate rights to use all material trademarks, trade names, patents, service marks, brand marks, brand names, computer programs, databases, industrial designs, domain names designs and copyrights currently used in necessary for the operation of the businesses of each of Target Drilex and the Target its Subsidiaries (collectively, the "TARGET INTANGIBLE PROPERTYDrilex Intangible Property"), except where the failure to possess or have adequate rights to use such property, individually or in the aggregate, properties would not reasonably be expected to have a Target Material Adverse EffectEffect on Drilex. Section 3.18 Except as set forth on Schedule 3.1(n), all of the Target Disclosure Letter sets forth a list of all trademarks, trade names, patents, service marks and domain names owned by Target or any Target Subsidiary. All of Target Drilex Intangible Property is owned by Drilex or licensed by Target or the Target its Subsidiaries free and clear of any and all Encumbrancesliens, claims or encumbrances, except as would not, individually or in the aggregate, those that are not reasonably be expected likely to have a Target Material Adverse EffectEffect on Drilex, and neither Target Drilex nor any such Target Subsidiary has forfeited or otherwise relinquished any Target Drilex Intangible PropertyProperty which forfeiture would result in a Material Adverse Effect. To the Knowledge knowledge of TargetDrilex, the use of Target the Drilex Intangible Property by Target Drilex or the Target its Subsidiaries does not not, in any material respect, conflict with, infringe upon, violate or interfere with or constitute an appropriation of any right, title, interest or goodwill, including, without limitation, any intellectual property right, trademark, trade name, patent, service mark, ▇▇and mark, ▇▇, brand ▇▇▇▇, brand and name, computer program, database, industrial design, copyright or any pending application therefore, therefor of any other Person. Except as set forth in Section 3.18 of the Target Disclosure Letter, to the Knowledge of Target, person and there have been no claims made, made and neither Target Drilex nor any of the Target its Subsidiaries has received any notice of any claim nor does Target or otherwise have Knowledge knows that any of Target the Drilex Intangible Property is invalid or conflicts with the asserted rights of any other Person person or has not been used or enforced or has been failed to have been be used or enforced in a manner that would result in the abandonment, cancellation or unenforceability of any of Target the Drilex Intangible Property, except as for any such conflict, infringement, violation, interference, claim, invalidity, abandonment, cancellation or unenforceability that would not, individually or in the aggregate, not reasonably be expected to have a Target Material Adverse Effect.

Intangible Property. Target Drilex and the Target its Subsidiaries own, possess or have adequate rights to use all material trademarks, trade names, patents, service marks, brand marks, brand names, computer programs, databases, industrial designs, domain names designs and copyrights currently used in necessary for the operation of the businesses of each of Target Drilex and the Target its Subsidiaries (collectively, the "TARGET INTANGIBLE PROPERTYDrilex Intangible Property"), except where the failure to possess or have adequate rights to use such property, individually or in the aggregate, properties would not reasonably be expected to have a Target Material Adverse EffectEffect on Drilex. Section 3.18 Except as set forth on Schedule 3.1(n), all of the Target Disclosure Letter sets forth a list of all trademarks, trade names, patents, service marks and domain names owned by Target or any Target Subsidiary. All of Target Drilex Intangible Property is owned by Drilex or licensed by Target or the Target its Subsidiaries free and clear of any and all Encumbrancesliens, claims or encumbrances, except as would not, individually or in the aggregate, those that are not reasonably be expected likely to have a Target Material Adverse EffectEffect on Drilex, and neither Target Drilex nor any such Target Subsidiary has forfeited or otherwise relinquished any Target Drilex Intangible PropertyProperty which forfeiture would result in a Material Adverse Effect. To the Knowledge knowledge of TargetDrilex, the use of Target the Drilex Intangible Property by Target Drilex or the Target its Subsidiaries does not not, in any material respect, conflict with, infringe upon, violate or interfere with or constitute an appropriation of any right, title, interest or goodwill, including, without limitation, any intellectual property right, trademark, trade name, patent, service mark, ▇▇and mark, ▇▇, brand ▇▇▇▇, brand and name, computer program, database, industrial design, copyright or any pending application therefore, therefor of any other Person. Except as set forth in Section 3.18 of the Target Disclosure Letter, to the Knowledge of Target, person and there have been no claims made, made and neither Target Drilex nor any of the Target its Subsidiaries has received any notice of any claim nor does Target or otherwise have Knowledge knows that any of Target the Drilex Intangible Property is invalid or conflicts with the asserted rights of any other Person person or has not been used or enforced or has been failed to have been be used or enforced in a manner that would result in the abandonment, cancellation or unenforceability of any of Target the Drilex Intangible Property, except as for any such conflict, infringement, violation, interference, claim, invalidity, abandonment, cancellation or unenforceability that would not, individually or in the aggregate, not reasonably be expected to have a Target Material Adverse Effect.. 13 20 (o)

Intangible Property. Target CPA:12 and the Target CPA:12 Subsidiaries own, possess or have adequate rights to use all trademarks, trade names, patents, service marks, brand marks, brand names, computer programs, databases, industrial designs, domain names designs and copyrights currently used in necessary for the operation of the businesses of each of Target CPA:12 and the Target CPA:12 Subsidiaries (collectively, the "TARGET INTANGIBLE PROPERTY"“CPA:12 Intangible Property”), except where the failure to possess or have adequate rights to use such propertyproperties, individually or in the aggregate, would not reasonably be expected to have a Target CPA:12 Material Adverse Effect. Section 3.18 All of the Target Disclosure Letter sets forth a list of all trademarks, trade names, patents, service marks and domain names owned by Target or any Target Subsidiary. All of Target CPA:12 Intangible Property is owned or licensed by Target CPA:12 or the Target CPA:12 Subsidiaries free and clear of any and all EncumbrancesLiens, except as would notthose that, individually or in the aggregate, would not reasonably be expected to have a Target CPA:12 Material Adverse Effect, and neither Target CPA:12 nor any such Target CPA:12 Subsidiary has forfeited or otherwise relinquished any Target CPA:12 Intangible PropertyProperty which forfeiture has resulted in, individually or in the aggregate, or would reasonably be expected to result in a CPA:12 Material Adverse Effect. To the Knowledge of TargetCPA:12, the use of Target CPA:12 Intangible Property by Target CPA:12 or the Target CPA:12 Subsidiaries does not in any material respect, conflict with, infringe upon, violate or interfere with or constitute an appropriation of any right, title, interest or goodwill, including, without limitation, any intellectual property right, trademark, trade name, patent, service ▇m▇▇▇, brand ▇m▇▇▇, brand name, computer program, database, industrial design, copyright or any pending application thereforetherefor, of any other Person. Except as set forth in Section 3.18 of the Target Disclosure Letter, to the Knowledge of Target, and there have been no claims made, and neither Target CPA:12 nor any of the Target CPA:12 Subsidiaries has received any notice of any claim nor does Target or otherwise have Knowledge knows that any of Target the CPA:12 Intangible Property is invalid or conflicts with the asserted rights of any other Person or has not been used or enforced or has failed to have been used or enforced in a manner that would result in the abandonment, cancellation or unenforceability of any of Target the CPA:12 Intangible Property, except as would notfor any such conflict, infringement, violation, interference, claim, invalidity, abandonment, cancellation or unenforceability that, individually or in the aggregate, would not reasonably be expected to have a Target CPA:12 Material Adverse Effect.

Intangible Property. Target Cabot and the Target Cabot Subsidiaries own, ------------------- possess or have adequate rights to use all trademarks, trade names, patents, service marks, brand marks, brand names, computer programs, databases, industrial designs, domain names designs and copyrights (including any registrations or applications for registration of any of the foregoing) currently used in the operation of the businesses of each of Target Cabot and the Target Cabot Subsidiaries (collectively, the "TARGET INTANGIBLE PROPERTYCabot Intangible Property"), --------------------------- except where the failure to possess or have adequate rights to use such property, individually or in the aggregate, would not reasonably be expected to have constitute a Target Cabot Material Adverse Effect. Section 3.18 All of the Target Disclosure Letter sets forth a list of all trademarks, trade names, patents, service marks and domain names owned by Target or any Target Subsidiary. All of Target Cabot Intangible Property is owned or licensed by Target Cabot or the Target Cabot Subsidiaries free and clear of any and all EncumbrancesLiens, except as would not, individually or in the aggregate, reasonably be expected to have constitute a Target Cabot Material Adverse Effect, and neither Target Cabot nor any such Target Cabot Subsidiary has forfeited or otherwise relinquished any Target Cabot Intangible Property. To Except as set forth in Section 4.1(n) of the Cabot Disclosure Letter, to the Knowledge of TargetCabot, the use of Target Cabot Intangible Property by Target Cabot or the Target Cabot Subsidiaries does not in any material respect, respect conflict with, infringe upon, violate or interfere with or constitute an appropriation of any right, title, interest or goodwill, including, without limitation, including any intellectual property right, trademark, trade name, patent, service ▇▇▇▇, brand ▇▇▇▇, brand name, software license, invention, computer program, database, industrial design, copyright or any pending application thereforetherefor, of any other Person. Except as set forth in Section 3.18 4.1(n) of the Target Cabot Disclosure Letter, to the Knowledge of Target, there have been no claims mademade against Cabot or any Cabot Subsidiary, and neither Target Cabot nor any of the Target Cabot Subsidiaries has received any notice of any claim nor does Target otherwise have Knowledge that any of Target the Cabot Intangible Property is invalid or conflicts with the asserted rights of any other Person or has not been used or enforced or has failed to have been used or enforced in a manner that would result in the abandonment, cancellation or unenforceability of any of Target the Cabot Intangible Property, except as would not, individually or in the aggregate, reasonably be expected to have constitute a Target Cabot Material Adverse Effect.

Intangible Property. Target CPA:14 and the Target CPA:14 Subsidiaries own, possess or have adequate rights to use all trademarks, trade names, patents, service marks, brand marks, brand names, computer programs, databases, industrial designs, domain names designs and copyrights currently used in necessary for the operation of the businesses of each of Target CPA:14 and the Target CPA:14 Subsidiaries (collectively, the "TARGET INTANGIBLE PROPERTY"“CPA:14 Intangible Property”), except where the failure to possess or have adequate rights to use such propertyproperties, individually or in the aggregate, would not reasonably be expected to have a Target CPA:14 Material Adverse Effect. Section 3.18 All of the Target Disclosure Letter sets forth a list of all trademarks, trade names, patents, service marks and domain names owned by Target or any Target Subsidiary. All of Target CPA:14 Intangible Property is owned or licensed by Target CPA:14 or the Target CPA:14 Subsidiaries free and clear of any and all EncumbrancesLiens, except as would notthose that, individually or in the aggregate, would not reasonably be expected to have a Target CPA:14 Material Adverse Effect, and neither Target CPA:14 nor any such Target CPA:14 Subsidiary has forfeited or otherwise relinquished any Target CPA:14 Intangible PropertyProperty which forfeiture has resulted in, individually or in the aggregate, or would reasonably be expected to result in a CPA:14 Material Adverse Effect. To the Knowledge of TargetCPA:14, the use of Target CPA:14 Intangible Property by Target CPA:14 or the Target CPA:14 Subsidiaries does not in any material respect, conflict with, infringe upon, violate or interfere with or constitute an appropriation of any right, title, interest or goodwill, including, without limitation, any intellectual property right, trademark, trade name, patent, service ▇m▇▇▇, brand ▇m▇▇▇, brand name, computer program, database, industrial design, copyright or any pending application thereforetherefor, of any other Person. Except as set forth in Section 3.18 of the Target Disclosure Letter, to the Knowledge of Target, and there have been no claims made, and neither Target CPA:14 nor any of the Target CPA:14 Subsidiaries has received any notice of any claim nor does Target or otherwise have Knowledge knows that any of Target the CPA:14 Intangible Property is invalid or conflicts with the asserted rights of any other Person or has not been used or enforced or has failed to have been used or enforced in a manner that would result in the abandonment, cancellation or unenforceability of any of Target the CPA:14 Intangible Property, except as would notfor any such conflict, infringement, violation, interference, claim, invalidity, abandonment, cancellation or unenforceability that, individually or in the aggregate, would not reasonably be expected to have a Target CPA:14 Material Adverse Effect.

Intangible Property. Target Chateau and the Target Chateau Subsidiaries own, possess or have adequate rights to use all trademarks, trade names, patents, service marks, brand marks, brand names, computer programs, databases, industrial designs, domain names designs and copyrights currently used in necessary for the operation of the businesses of each of Target Chateau and the Target Chateau Subsidiaries (collectively, the "TARGET INTANGIBLE PROPERTY"“Chateau Intangible Property”), except where the failure to possess or have adequate rights to use such propertyproperties, individually or in the aggregate, would not reasonably be expected to have a Target Chateau Material Adverse Effect. Section 3.18 All of the Target Disclosure Letter sets forth a list of all trademarks, trade names, patents, service marks and domain names owned by Target or any Target Subsidiary. All of Target Chateau Intangible Property is owned or licensed by Target Chateau or the Target Chateau Subsidiaries free and clear of any and all EncumbrancesLiens, except as would notthose that, individually or in the aggregate, would not reasonably be expected to have a Target Chateau Material Adverse Effect, and neither Target Chateau nor any such Target Chateau Subsidiary has forfeited or otherwise relinquished any Target Chateau Intangible PropertyProperty which forfeiture has resulted in, individually or in the aggregate, or would reasonably be expected to result in a Chateau Material Adverse Effect. To the Knowledge of TargetChateau, the use of Target Chateau Intangible Property by Target Chateau or the Target Chateau Subsidiaries does not in any material respect, conflict with, infringe upon, violate or interfere with or constitute an appropriation of any right, title, interest or goodwill, including, without limitation, including any intellectual property right, trademark, trade name, patent, service ▇▇▇▇, brand ▇▇▇▇, brand name, computer program, database, industrial design, copyright or any pending application thereforetherefor, of any other Person. Except as set forth in Section 3.18 of the Target Disclosure Letter, to the Knowledge of Target, and there have been no claims made, and neither Target Chateau nor any of the Target Chateau Subsidiaries has received any notice of any claim nor does Target or otherwise have Knowledge knows that any of Target the Chateau Intangible Property is invalid or conflicts with the asserted rights of any other Person or has not been used or enforced or has failed to have been used or enforced in a manner that would result in the abandonment, cancellation or unenforceability of any of Target the Chateau Intangible Property, except as would notfor any such conflict, infringement, violation, interference, claim, invalidity, abandonment, cancellation or unenforceability that, individually or in the aggregate, would not reasonably be expected to have a Target Chateau Material Adverse Effect.

Intangible Property. Target Midland and the Target its Subsidiaries own, possess or have adequate rights to use all material trademarks, trade names, patents, service marks, brand marks, brand names, computer programs, databases, industrial designs, domain names designs and copyrights currently used in necessary for the operation of the businesses of each of Target Midland and the Target its Subsidiaries (collectively, the "TARGET INTANGIBLE PROPERTYMidland Intangible Property"), except where the failure to possess or have adequate rights to use such property, individually or in the aggregate, properties would not reasonably be expected to have a Target Material Adverse Effect. Section 3.18 of the Target Disclosure Letter sets forth a list of all trademarks, trade names, patents, service marks and domain names owned by Target or any Target SubsidiaryEffect on Midland. All of Target the Midland Intangible Property is owned or licensed by Target Midland or the Target its Subsidiaries free and clear of any and all EncumbrancesLiens, except as would not, individually or in the aggregate, those that are not reasonably be expected likely to have a Target Material Adverse EffectEffect on Midland, and neither Target Midland nor any such Target Subsidiary has forfeited or otherwise relinquished any Target Midland Intangible PropertyProperty which forfeiture would result in a Material Adverse Effect on Midland. To the Knowledge knowledge of TargetMidland, the use of Target the Midland Intangible Property by Target Midland or the Target its Subsidiaries does not not, in any material respect, conflict with, infringe upon, violate or interfere with or constitute an appropriation of any right, title, interest or goodwill, including, without limitation, any intellectual property right, trademark, trade name, patent, service ▇▇▇▇, brand ▇▇▇▇, brand name, computer program, database, industrial design, copyright or any pending application therefore, therefor of any other Person. Except as set forth in Section 3.18 of the Target Disclosure Letter, to the Knowledge of Target, person and there have been no claims made, made and neither Target Midland nor any of the Target its Subsidiaries has received any notice of any claim nor does Target or otherwise have Knowledge knows that any of Target the Midland Intangible Property is invalid or conflicts with the asserted rights of any other Person person or has not been used or enforced or has failed to have been used or enforced in a manner that would result in the abandonment, cancellation or unenforceability of any of Target the Midland Intangible Property, except as for any such conflict, infringement, violation, interference, claim, invalidity, abandonment, cancellation or unenforceability that would not, individually or in the aggregate, not reasonably be expected to have a Target Material Adverse EffectEffect on Midland.

Intangible Property. Target The Company and the Target its Subsidiaries own, possess or have adequate rights to use all material trademarks, trade names, patents, service marks, brand marks, brand names, computer programs, databasesdatabase, industrial designs, domain names designs and copyrights currently used in necessary for the operation of the businesses of each of Target the Company and the Target its Subsidiaries (collectively, the "TARGET INTANGIBLE PROPERTYCompany Intangible Property"), except where the failure to possess or have adequate rights to use such property, individually or in the aggregate, properties would not reasonably be expected to have a Target Company Material Adverse Effect. Section 3.18 Schedule 3.1(p) lists all patents and trademarks or licensing agreements with respect to any patent or trademark, which in each case is applicable to a material portion of the Target Disclosure Letter sets business of the Company or its Subsidiaries. Except as set forth a list on Schedule 3.1(p) of the Company Letter, all trademarks, trade names, patents, service marks and domain names owned by Target or any Target Subsidiary. All of Target the Company Intangible Property is owned by the Company or licensed by Target or the Target its Subsidiaries free and clear of any and all Encumbrancesliens, claims or encumbrances, except as would not, individually or in the aggregate, those that are not reasonably be expected likely to have a Target Company Material Adverse Effect, and neither Target the Company nor any such Target Subsidiary has forfeited or otherwise relinquished any Target Company Intangible PropertyProperty which forfeiture would result in a Company Material Adverse Effect. To the Knowledge of Target, the The use of Target the Company Intangible Property by Target the Company or the Target its Subsidiaries does not not, in any material respect, conflict with, infringe upon, violate or interfere with or constitute an appropriation of any right, title, interest or goodwill, including, without limitation, any intellectual property right, trademark, trade name, patent, service ▇▇▇▇, brand ▇▇▇▇, brand name, computer program, database, industrial design, copyright or any pending application therefore, therefor of any other Person. Except as set forth in Section 3.18 of the Target Disclosure Letter, to the Knowledge of Target, person and there have been no claims made, and neither Target the Company nor any of the Target its Subsidiaries has received any notice of any claim nor does Target or otherwise have Knowledge knows, that any of Target the Company Intangible Property is invalid or conflicts with the asserted rights of any other Person person or has not been used or enforced or has been failed to have been be used or enforced in a manner that would result in the abandonment, cancellation or unenforceability of any of Target the Company Intangible Property, except as for any such conflict, infringement, violation, interference, claim, invalidity, abandonment, cancellation or unenforceability that would not, individually or in the aggregate, not reasonably be expected to have a Target Company Material Adverse Effect.

Intangible Property. Target To Syntroleum's knowledge, Syntroleum and the Target its Subsidiaries own, possess or have adequate rights to use all material trademarks, trade names, patents, service marks, brand marks, brand names, computer programs, databasesdatabase, industrial designs, domain names trade secrets, technology, and copyrights currently used in necessary for the operation of the businesses of each of Target Syntroleum and the Target its Subsidiaries (collectively, the "TARGET INTANGIBLE PROPERTYSyntroleum Intangible Property"), except where the failure to possess or have adequate rights to use such property, individually or in the aggregate, properties would not reasonably be expected to have a Target Syntroleum Material Adverse Effect. Section 3.18 Schedule 3.1(o) of Syntroleum Letter lists all patents and trademarks (and applications for patents and trademarks) or licensing agreements with respect to any patent or trademark, which in each case is applicable to a material portion of the Target Disclosure Letter sets business of Syntroleum or its Subsidiaries. To the knowledge of Syntroleum, except as set forth a list on Schedule 3.1(o) of Syntroleum Letter, all trademarks, trade names, patents, service marks and domain names owned by Target or any Target Subsidiary. All of Target Syntroleum Intangible Property is owned or licensed used by Target Syntroleum or the Target its Subsidiaries free and clear of any and all Encumbrancesliens, claims or encumbrances, except as would not, individually or in the aggregate, those that are not reasonably be expected likely to have a Target Syntroleum Material Adverse Effect, and neither Target Syntroleum nor any such Target Subsidiary has forfeited or otherwise relinquished any Target Syntroleum Intangible PropertyProperty which forfeiture would result in a Syntroleum Material Adverse Effect. To the Knowledge knowledge of TargetSyntroleum, the use of Target Syntroleum Intangible Property by Target Syntroleum or the Target its Subsidiaries does not not, in any material respect, conflict with, infringe upon, violate or interfere with or constitute an appropriation of any valid right, title, interest or goodwill, including, without limitation, any intellectual property right, trademark, trade name, patent, service ▇▇▇▇, brand ▇▇▇▇, brand name, computer program, database, industrial design, copyright or any pending application therefore, therefor of any other Person. Except as set forth in Section 3.18 of the Target Disclosure Letter, to the Knowledge of Target, person and there have been no claims made, and neither Target Syntroleum nor any of the Target its Subsidiaries has received any notice of any claim nor does Target or otherwise have Knowledge knows, that any of Target Syntroleum Intangible Property is invalid or conflicts with the asserted rights of any other Person person or has not been used or enforced or has been failed to have been be used or enforced in a manner that would result in the abandonment, cancellation or unenforceability of any of Target Syntroleum Intangible Property, except as for any such conflict, infringement, violation, interference, claim, invalidity, abandonment, cancellation or unenforceability that would not, individually or in the aggregate, not reasonably be expected to have a Target Syntroleum Material Adverse Effect.

Intangible Property. Target Keystone and the Target Keystone Subsidiaries own, possess or have adequate rights to use all trademarks, trade names, patents, service marks, brand marks, brand names, computer programs, databases, industrial designs, domain names designs and copyrights currently used in necessary for the operation of the businesses of each of Target Keystone and the Target Keystone Subsidiaries (collectively, the "TARGET INTANGIBLE PROPERTYKeystone Intangible Property"), except where the failure to possess or have adequate rights to use such propertyproperties, individually or in the aggregate, would not reasonably be expected to have a Target Keystone Material Adverse Effect. Section 3.18 All of the Target Disclosure Letter sets forth a list of all trademarks, trade names, patents, service marks and domain names owned by Target or any Target Subsidiary. All of Target Keystone Intangible Property is owned or licensed by Target Keystone or the Target Keystone Subsidiaries free and clear of any and all EncumbrancesLiens, except as would notthose that, individually or in the aggregate, would not reasonably be expected to have a Target Keystone Material Adverse Effect, and neither Target Keystone nor any such Target Keystone Subsidiary has forfeited or otherwise relinquished any Target Keystone Intangible PropertyProperty which forfeiture has resulted in, individually or in the aggregate, or would reasonably be expected to result in a Keystone Material Adverse Effect. To the Knowledge of TargetKeystone, the use of Target Keystone Intangible Property by Target Keystone or the Target Keystone Subsidiaries does not in any material respect, conflict with, infringe upon, violate or interfere with or constitute an appropriation of any right, title, interest or goodwill, including, without limitation, any intellectual property right, trademark, trade name, patent, service ▇▇▇▇mark, brand ▇▇▇▇mark, brand name, computer program, database, industrial designd▇▇▇▇n, copyright copyr▇▇▇▇ or any pending application thereforetherefor, of any other Person. Except as set forth in Section 3.18 of the Target Disclosure Letter, to the Knowledge of Target, and there have been no claims made, and neither Target Keystone nor any of the Target Keystone Subsidiaries has received any notice of any claim nor does Target or otherwise have Knowledge knows that any of Target the Keystone Intangible Property is invalid or conflicts with the asserted rights of any other Person or has not been used or enforced or has failed to have been used or enforced in a manner that would result in the abandonment, cancellation or unenforceability of any of Target the Keystone Intangible Property, except as would notfor any such conflict, infringement, violation, interference, claim, invalidity, abandonment, cancellation or unenforceability that, individually or in the aggregate, would not reasonably be expected to have a Target Keystone Material Adverse Effect.

Intangible Property. Target The Company and the Target its -------------------- Subsidiaries own, possess or have adequate rights to use all material trademarks, trade names, patents, service marks, brand marks, brand names, computer programs, databases, industrial designs, domain names designs and copyrights currently used in necessary for the operation of the businesses of each of Target the Company and the Target its Subsidiaries (collectively, the "TARGET INTANGIBLE PROPERTYIntangible Property"), except where the failure to possess ------------------- or have adequate rights to use such propertyproperties, individually or in the aggregate, would has not had and could not reasonably be expected to have a Target Material Adverse Effect. Section 3.18 All of the Target Disclosure Letter sets forth a list of all trademarks, trade names, patents, service marks and domain names owned by Target or any Target Subsidiary. All of Target Intangible Property is owned or licensed by Target the Company or the Target its Subsidiaries free and clear of any and all EncumbrancesLiens, except as would notthose that, individually or in the aggregate, have not had and could not reasonably be expected to have a Target Material Adverse Effect, and neither Target the Company nor any such Target Subsidiary has forfeited or otherwise relinquished any Target Intangible PropertyProperty which forfeiture, individually or in the aggregate, has had or could reasonably be expected to have a Material Adverse Effect. To the Knowledge knowledge of Targetthe Company, the use of Target the Intangible Property by Target the Company or the Target its Subsidiaries does not not, in any material respect, conflict with, infringe upon, violate or interfere with or constitute an appropriation of any right, title, interest or goodwill, including, without limitation, including any intellectual property right, trademark, trade name, patent, service ▇▇▇▇, brand ▇▇▇▇, brand name, computer program, database, industrial design, copyright or any pending application therefore, therefor of any other Person. Except as set forth in Section 3.18 of the Target Disclosure Letter, to the Knowledge of Target, person and there have been no claims made, made and neither Target the Company nor any of the Target its Subsidiaries has received any notice of any claim nor does Target or otherwise have Knowledge knows that any of Target the Intangible Property is invalid or conflicts with the asserted rights of any other Person person or has not been used or enforced or has failed to have been used or enforced in a manner that would result in the abandonment, cancellation or unenforceability of any of Target the Intangible Property, except as would notfor any such conflict, infringement, violation, interference, claim, invalidity, abandonment, cancellation or unenforceability that, individually or in the aggregate, has not had and could not reasonably be expected to have a Target Material Adverse Effect.

Intangible Property. Target The REIT and the Target its Subsidiaries own, possess or have adequate rights to use all material trademarks, trade names, patents, service marks, brand marks, brand names, computer programs, databases, industrial designs, domain names designs and copyrights currently used in necessary for the operation of the businesses of each of Target the REIT and the Target its Subsidiaries (collectively, the "TARGET INTANGIBLE PROPERTYREIT Intangible Property"), except where the failure to possess or have adequate rights to use such propertyproperties has not had, individually or in the aggregate, would and could not reasonably be expected to have have, a Target Material Adverse Effect. Section 3.18 of Effect on the Target Disclosure Letter sets forth a list of all trademarks, trade names, patents, service marks and domain names owned by Target or any Target SubsidiaryREIT. All of Target the REIT Intangible Property is owned or licensed by Target the REIT or the Target its Subsidiaries free and clear of any and all Encumbrances, except as would notthose that have not had, individually or in the aggregate, and could not reasonably be expected to have have, a Target Material Adverse EffectEffect on the REIT, and neither Target the REIT nor any such Target Subsidiary has forfeited or otherwise relinquished any Target REIT Intangible PropertyProperty which forfeiture has resulted, or could reasonably be expected to result, in a Material Adverse Effect on the REIT. To the Knowledge of Targetthe REIT, the use of Target the REIT Intangible Property by Target the REIT or the Target its Subsidiaries does not not, in any material respect, conflict with, infringe upon, violate or interfere with or constitute an appropriation of any right, title, interest or goodwill, including, without limitation, any intellectual property right, trademark, trade name, patent, service mark, ▇▇and mark, ▇▇, brand ▇▇▇▇, brand and name, computer program, database, industrial design, copyright or any pending application thereforetherefor, of any other Person. Except as set forth in Section 3.18 of the Target Disclosure Letter, to the Knowledge of Target, and there have been no claims made, and neither Target the REIT nor any of the Target its Subsidiaries has received any notice of any claim nor does Target otherwise have Knowledge claim, and the REIT has no Knowledge, that any of Target the REIT Intangible Property is invalid or conflicts with the asserted rights of any other Person or has not been used or enforced or has failed to have been used or enforced in a manner that would result in the abandonment, cancellation or unenforceability of any of Target the REIT Intangible Property, except as would notfor any such conflict, individually infringement, violation, interference, claim, invalidity, abandonment, cancellation or in the aggregate, unenforceability that has not had and could not reasonably be expected to have a Target Material Adverse EffectEffect on the REIT.

Intangible Property. Target Vista, the General Partner and the Target Subsidiaries own, Vista Sub possess or have adequate rights to use all material trademarks, trade names, patents, service marks, brand marks, brand names, computer programs, databases, industrial designs, domain names designs and copyrights currently used in necessary for the operation of the businesses of each of Target Vista, the General Partner and the Target Subsidiaries Vista Sub (collectively, the "TARGET INTANGIBLE PROPERTYVista Intangible Property"), except where the failure to possess or have adequate rights to use such property, individually or in the aggregate, properties would not reasonably be expected to have a Target Material Adverse Effect. Section 3.18 of the Target Disclosure Letter sets forth a list of all trademarks, trade names, patents, service marks and domain names owned by Target or any Target SubsidiaryEffect on Vista. All of Target the Vista Intangible Property is owned or licensed by Target Vista, the General Partner or the Target Subsidiaries Vista Sub free and clear of any and all EncumbrancesLiens, except as would not, individually or in the aggregate, those that are not reasonably be expected likely to have a Target Material Adverse EffectEffect on Vista, and neither Target Vista, the General Partner nor any such Target Subsidiary Vista Sub has forfeited or otherwise relinquished any Target Vista Intangible PropertyProperty which forfeiture would result in a Material Adverse Effect on Vista. To the Knowledge knowledge of TargetVista, the use of Target the Vista Intangible Property by Target Vista, the General Partner or the Target Subsidiaries Vista Sub does not not, in any material respect, conflict with, infringe upon, violate or interfere with or constitute an appropriation of any right, title, interest or goodwill, including, without limitation, any intellectual property right, trademark, trade name, patent, service ▇▇▇▇, brand ▇▇▇▇, brand name, computer program, database, industrial design, copyright or any pending application therefore, therefor of any other Person. Except as set forth in Section 3.18 of the Target Disclosure Letter, to the Knowledge of Target, person and there have been no claims made, made and neither Target Vista, the General Partner nor any of the Target Subsidiaries Vista Sub has received any notice of any claim nor does Target or otherwise have Knowledge knows that any of Target the Vista Intangible Property is invalid or conflicts with the asserted rights of any other Person person or has not been used or enforced or has failed to have been used or enforced in a manner that would result in the abandonment, cancellation or unenforceability of any of Target the Vista Intangible Property, except as for any such conflict, infringement, violation, interference, claim, invalidity, abandonment, cancellation or unenforceability that would not, individually or in the aggregate, not reasonably be expected to have a Target Material Adverse EffectEffect on Vista.

Intangible Property. Target To LabOne's knowledge, LabOne and the Target its Subsidiaries own, possess or have adequate rights to use all material trademarks, trade names, patents, service marks, brand marks, brand names, computer programs, databasesdatabase, industrial designs, domain names trade secrets, technology, and copyrights currently used in necessary for the operation of the businesses of each of Target LabOne and the Target its Subsidiaries (collectively, the "TARGET INTANGIBLE PROPERTYLabOne Intangible Property"), except where the failure to possess or have adequate rights to use such property, individually or in the aggregate, properties would not reasonably be expected to have a Target LabOne Material Adverse Effect. Section 3.18 Schedule 3.1(o) of LabOne Letter lists all material patents and trademark registrations (and applications for patents and trademark registrations) or licensing agreements that are applicable to a material portion of the Target Disclosure Letter sets business of LabOne or its Subsidiaries. To the knowledge of LabOne, except as set forth a list on Schedule 3.1(o) of LabOne Letter, all trademarks, trade names, patents, service marks and domain names owned by Target or any Target Subsidiary. All of Target LabOne Intangible Property is owned or licensed used by Target LabOne or the Target its Subsidiaries free and clear of any and all Encumbrancesliens, claims or encumbrances, except as would not, individually or in the aggregate, those that are not reasonably be expected likely to have a Target LabOne Material Adverse Effect, and neither Target LabOne nor any such Target Subsidiary has forfeited or otherwise relinquished any Target LabOne Intangible PropertyProperty which forfeiture would result in a LabOne Material Adverse Effect. To the Knowledge knowledge of TargetLabOne, the use of Target LabOne Intangible Property by Target LabOne or the Target its Subsidiaries does not not, in any material respect, conflict with, infringe upon, violate or interfere with or constitute an appropriation of any valid right, title, interest or goodwill, including, without limitation, any intellectual property right, trademark, trade name, patent, service ▇▇▇▇, brand ▇▇▇▇, brand name, computer program, database, industrial design, copyright or any pending application therefore, therefor of any other Person. Except as set forth in Section 3.18 of the Target Disclosure Letter, to the Knowledge of Target, person and there have been no claims made, and neither Target LabOne nor any of the Target its Subsidiaries has received any notice of any claim nor does Target or otherwise have Knowledge knows, that any of Target LabOne Intangible Property is invalid or conflicts with the asserted rights of any other Person person or has not been used or enforced or has been failed to have been be used or enforced in a manner that would result in the abandonment, cancellation or unenforceability of any of Target LabOne Intangible Property, except as for any such conflict, infringement, violation, interference, claim, invalidity, abandonment, cancellation or unenforceability that would not, individually or in the aggregate, not reasonably be expected to have a Target LabOne Material Adverse Effect.

Intangible Property. Target SLH and the Target its Subsidiaries own, possess or have adequate rights to use all material trademarks, trade names, patents, service marks, brand marks, brand names, computer programs, databasesdatabase, industrial designs, domain names designs and copyrights currently used in necessary for the operation of the businesses of each of Target SLH and the Target its Subsidiaries (collectively, the "TARGET INTANGIBLE PROPERTYSLH Intangible Property"), except where the failure to possess or have adequate rights to use such property, individually or in the aggregate, properties would not reasonably be expected to have a Target SLH Material Adverse Effect. Section 3.18 Schedule 3.2(o) lists all patents and trademarks or licensing agreements with respect to any patent or trademark, which in each case is applicable to a material portion of the Target Disclosure Letter sets business of SLH or its Subsidiaries and the failure to possess would not reasonably be expected to have a SLH Material Adverse Effect. To the knowledge of SLH, except as set forth a list on Schedule 3.2(o) of the SLH Letter, all trademarks, trade names, patents, service marks and domain names owned by Target or any Target Subsidiary. All of Target the SLH Intangible Property is owned by SLH or licensed by Target or the Target its Subsidiaries free and clear of any and all Encumbrancesliens, claims or encumbrances, except as would not, individually or in the aggregate, those that are not reasonably be expected likely to have a Target SLH Material Adverse Effect, and neither Target SLH nor any such Target Subsidiary has forfeited or otherwise relinquished any Target SLH Intangible PropertyProperty which forfeiture would result in a SLH Material Adverse Effect. To the Knowledge knowledge of TargetSLH, the use of Target SLH Intangible Property by Target SLH or the Target its Subsidiaries does not not, in any material respect, conflict with, infringe upon, violate or interfere with or constitute an appropriation of any right, title, interest or goodwill, including, without limitation, any intellectual property right, trademark, trade name, patent, service ▇▇▇▇, brand ▇▇▇▇, brand name, computer program, database, industrial design, copyright or any pending application therefore, therefor of any other Person. Except as set forth in Section 3.18 of the Target Disclosure Letter, to the Knowledge of Target, person and there have been no claims made, made and neither Target SLH nor any of the Target its Subsidiaries has received any notice of any claim nor does Target or otherwise have Knowledge knows that any of Target SLH Intangible Property is invalid or conflicts with the asserted rights of any other Person person or has not been used or enforced or has been failed to have been be used or enforced in a manner that would result in the abandonment, cancellation or unenforceability of any of Target SLH Intangible Property, except as for any such conflict, infringement, violation, interference, claim, invalidity, abandonment, cancellation or unenforceability that would not, individually or in the aggregate, not reasonably be expected to have a Target SLH Material Adverse Effect.

Intangible Property. Target ProLogis and the Target ProLogis Subsidiaries own, possess or have adequate rights to use all trademarks, trade names, patents, service marks, brand marks, brand names, computer programs, databases, industrial designs, domain names designs and copyrights currently used in necessary for the operation of the businesses of each of Target ProLogis and the Target ProLogis Subsidiaries (collectively, the "TARGET INTANGIBLE PROPERTY"“ProLogis Intangible Property”), except where the failure to possess or have adequate rights to use such propertyproperties, individually or in the aggregate, would not reasonably be expected to have a Target ProLogis Material Adverse Effect. Section 3.18 All of the Target Disclosure Letter sets forth a list of all trademarks, trade names, patents, service marks and domain names owned by Target or any Target Subsidiary. All of Target ProLogis Intangible Property is owned or licensed by Target ProLogis or the Target ProLogis Subsidiaries free and clear of any and all EncumbrancesLiens, except as would notthose that, individually or in the aggregate, would not reasonably be expected to have a Target ProLogis Material Adverse Effect, and neither Target ProLogis nor any such Target ProLogis Subsidiary has forfeited or otherwise relinquished any Target ProLogis Intangible PropertyProperty which forfeiture has resulted in, individually or in the aggregate, or would reasonably be expected to result in a ProLogis Material Adverse Effect. To the Knowledge of TargetProLogis, the use of Target ProLogis Intangible Property by Target ProLogis or the Target ProLogis Subsidiaries does not in any material respect, conflict with, infringe upon, violate or interfere with or constitute an appropriation of any right, title, interest or goodwill, including, without limitation, including any intellectual property right, trademark, trade name, patent, service ▇m▇▇▇, brand ▇m▇▇▇, brand name, computer program, database, industrial design, copyright or any pending application thereforetherefor, of any other Person. Except as set forth in Section 3.18 of the Target Disclosure Letter, to the Knowledge of Target, there have been no claims made, and neither Target ProLogis nor any of the Target ProLogis Subsidiaries has received any notice of any claim nor does Target or otherwise have Knowledge knows that any of Target the ProLogis Intangible Property is invalid or conflicts with the asserted rights of any other Person or has not been used or enforced or has failed to have been used or enforced in a manner that would result in the abandonment, cancellation or unenforceability of any of Target the ProLogis Intangible Property, except as would notfor any such conflict, infringement, violation, interference, claim, invalidity, abandonment, cancellation or unenforceability that, individually or in the aggregate, would not reasonably be expected to have a Target ProLogis Material Adverse Effect.