Common use of Marketing and Promotion Clause in Contracts

Marketing and Promotion. In addition to other rights granted herein, Programmer hereby grants to DIRECTV, during the Term and in the Territory only, the following rights, but not the obligation, to be exercised by DIRECTV in its sole discretion with respect to its marketing of the Services: (i) the right to use any and all marketing materials reasonably requested from Programmer by DIRECTV (which materials shall be provided at [***] to DIRECTV) for the purpose of marketing the Services; (ii) the right to manufacture and produce its own marketing materials, subject to the prior approval of Programmer, such approval not to be unreasonably withheld or delayed; and (iii) the right to use the names, voices, music, recordings, images, and likenesses of any and all performers in and other persons related to the Services, and the right to use Programmer’s name and logo to market the Services [***]. Programmer shall promote DIRECTV’s carriage of the Services [***] as it promotes the carriage of the Services by any other [***] (including, without limitation, the [***] and [***]); provided, however, that Programmer shall provide DIRECTV with prior written notification of any [***] of DIRECTV’s [***] of the Services by Programmer, and any such [***] shall be subject to DIRECTV’s prior approval. Notwithstanding the foregoing, DIRECTV may cease marketing and promoting the Services if DIRECTV, in its absolute sole determination, reasonably believes that marketing or promoting the Services may be politically harmful to Portions of this Exhibit have been redacted pursuant to a request for confidential treatment under Rule 24b-2 of the General Rules and Regulations under the Securities Exchange Act. Omitted information, marked “[***]” in this exhibit, has been filed with the Securities and Exchange Commission together with such request for confidential treatment. DIRECTV or its Affiliated Companies or adversely affect the corporate image that DIRECTV or its Affiliated Companies desires to maintain at such time. In the event that DIRECTV, in its sole discretion, elects to undertake a [***] on behalf of the Services, DIRECTV shall furnish a [***] to Programmer, and Programmer and DIRECTV shall work in good faith to jointly implement such plan.

Marketing and Promotion. In addition Subject to other rights granted herein, Programmer hereby grants the granting of required ----------------------- regulatory approvals and registrations to DIRECTVsell Product, during the Term Term, Bard shall use commercially reasonable efforts to market and promote Product to Urologists and Managed Care Organizations in the U.S. and, subject to expansion of the Territory pursuant to Paragraph 4.4, shall use commercially reasonable efforts to market and promote Product to Urologists in the Territory only, outside the U.S. in a manner intended to maximize sales and market penetration of Product at the earliest date and consistent with the Bard Marketing Plan presented annually to the Joint Marketing Committee by Bard pursuant to Paragraph 5.3 hereof. Promotion by Bard during the first three (3) years following rights, but not the obligation, to be exercised by DIRECTV in its sole discretion with respect to its marketing of the ServicesProduct Launch Date shall: (i) the right to use any and all marketing materials reasonably requested from Programmer by DIRECTV (which materials shall be provided average at least [***] Product presentations to DIRECTV) for the purpose of marketing the Services; Urologists per year, and (ii) include a minimum of [*] Product presentations to Urologists per year. The parties hereby expressly acknowledge and agree that the right aforementioned presentations may be made by Bard on Product alone or may be made in conjunction with the presentation of one or more products of Bard and/or its Affiliates, provided however, if any such presentation of Product is made in conjunction with one or more products of Bard and/or its Affiliates, Bard shall assure that a fair presentation of Product is given. In addition to manufacture Bard's expenditures for such direct marketing and produce promotional presentations, Bard's marketing and promotional efforts shall further include additional promotional expenditures (the amount of which shall be determined by Bard in its own marketing materialssole judgment) for promotional brochures, subject to the prior approval of Programmer, such approval not to be unreasonably withheld or delayed; conventions and (iii) the right to use the names, voices, music, recordings, imagesexhibits, and likenesses of educational programs consistent with the Bard Marketing Plan approved by the Joint Marketing Committee. Additionally, Bard shall include Product in any and all performers in and other persons related applicable prostate disease management program sponsored by Bard. Further, Bard hereby covenants to Cytogen that, during the Services, and the right to use Programmer’s name and logo to market the Services [***]. Programmer shall promote DIRECTV’s carriage remainder of the Services Term following the Product Launch Date, Bard shall maintain a sales force of not less than forty four (44) competent persons * [***INFORMATION OMITTED AND FILED SEPARATELY WITH THE COMMISSION UNDER RULE 24B- 2.] as it promotes dedicated to promoting medical products to Urologists in the carriage of the Services by any other [***] (including, without limitation, the [***] and [***]); provided, however, that Programmer shall provide DIRECTV with prior written notification of any [***] of DIRECTV’s [***] of the Services by Programmer, and any such [***] shall be subject to DIRECTV’s prior approval. Notwithstanding the foregoing, DIRECTV may cease marketing and promoting the Services if DIRECTV, in its absolute sole determination, reasonably believes that marketing or promoting the Services may be politically harmful to Portions of this Exhibit have been redacted pursuant to U.S. on a request for confidential treatment under Rule 24b-2 of the General Rules and Regulations under the Securities Exchange Act. Omitted information, marked “[***]” in this exhibit, has been filed with the Securities and Exchange Commission together with such request for confidential treatment. DIRECTV or its Affiliated Companies or adversely affect the corporate image that DIRECTV or its Affiliated Companies desires to maintain at such timefull time basis. In the event that DIRECTVBard breaches the covenant set forth in the immediately preceding sentence and fails to cure such breach written ninety (90) days of receipt of written demand from Cytogen, in Cytogen, as its sole discretionand exclusive remedy, elects shall have the right to undertake a [***] on behalf of the Services, DIRECTV shall furnish a [***] immediately terminate this Agreement upon notice to Programmer, and Programmer and DIRECTV shall work in good faith to jointly implement such planBard.

Marketing and Promotion. In addition to other rights granted herein, Programmer hereby grants to DIRECTV, during the Term and in the Territory only, the following rights, but not the obligation, to be exercised by DIRECTV in its sole discretion with respect to its marketing of the Services: (i) the right to use any and all marketing materials reasonably requested from Programmer by DIRECTV (which materials shall be provided at [***] no cost to DIRECTV) for the purpose of marketing the Services; (ii) the right to manufacture and produce its own marketing materials, subject to the prior approval of Programmer, such approval not to be unreasonably withheld or delayed; and (iii) the right to use the names, voices, music, recordings, images, and likenesses of any and all performers in and other persons related to the Services, and the right to use Programmer’s 's name and logo to market the Services [***]without the payment of additional consideration or of any additional monies whatsoever. Programmer shall promote DIRECTV’s 's carriage of the Services [***] at least as favorably as it promotes the carriage of the Services by any other [***] distributor (including, without limitation, the [***] frequency, prominence and [***]calling by specific name); provided, however, that Programmer shall provide DIRECTV with prior written notification of any [***] planned promotion of DIRECTV’s [***] 's carriage of the Services by Programmer, and any such [***] promotion shall be subject to DIRECTV’s 's prior approval. Notwithstanding the foregoing, DIRECTV Affiliate may cease marketing and promoting the Services if DIRECTVAffiliate, in its absolute sole determination, reasonably believes that marketing or promoting the Services may be politically harmful to Portions of this Exhibit have been redacted pursuant to a request for confidential treatment under Rule 24b-2 of the General Rules and Regulations under the Securities Exchange Act. Omitted information, marked “[***]” in this exhibit, has been filed with the Securities and Exchange Commission together with such request for confidential treatment. DIRECTV Affiliate or its Affiliated Companies or adversely affect the corporate image that DIRECTV Affiliate or its Affiliated Companies desires to maintain at such time. In the event that DIRECTV, in its sole discretion, elects to undertake a [***] marketing campaign on behalf of the Services, DIRECTV shall furnish a [***] marketing plan and budget to Programmer, and Programmer and DIRECTV shall work in good faith to jointly implement such plan.

Marketing and Promotion. In addition Subject to other rights granted hereinContractual Restrictions, Programmer hereby grants SPWA shall have the sole and exclusive right to DIRECTVadvertise, during publicize, promote and market the Term and Picture by any means in the Territory onlyand over the Internet; provided, such Internet rights shall be non- exclusive. Licensor shall not release or disclose any information, advertising or publicity relating to the Picture in the Territory without SPWA’s prior written approval. Without limiting the foregoing but subject always to the Contractual Restrictions, the following rights, but not Rights granted to SPWA shall include:(i) the obligation, right to manufacture and distribute or cause to be exercised manufactured and distributed advertising and advertising/promotion accessories of all types and kinds, which shall be the property solely of SPWA, and to advertise, publicize, promote and exploit the Picture by DIRECTV such means, methods and devices and in such media, and to such extent as SPWA in its sole discretion with respect to its marketing of the Services: (i) the right to use any and all marketing materials reasonably requested from Programmer by DIRECTV (which materials shall be provided at [***] to DIRECTV) for the purpose of marketing the Servicesmay deem desirable; (ii) the right to manufacture create promotional films not exceeding thirty (30) minutes in length Special Feature Material (as defined herein) and/or Promotional Material (“Promotional Material” shall mean and produce its own marketing materialsinclude, subject to without limitation, the prior approval “making of” or “behind the scenes” documentary footage or programming, any part of Programmerthe electronic press kits, such approval not to be unreasonably withheld extra footage, b-roll, featurettes, cast and/or crew interviews or delayedcommentaries, television specials and publicity clips prepared in connection with the Picture); and (iii) the right to use the names, voicesphotographs, musiclikenesses, recordingsacts, imagesposes, sound effects, voices and biographies (collectively, the “Attributes”) of all artists appearing in the Picture, the director thereof, and likenesses others appearing in or connected with the Picture in connection with the exhibition, distribution, marketing, advertising, promotion, exploitation and publicizing of the Picture in any and all performers parts of the Territory and to do any and all of the foregoing for promotional purposes via any Transmission Means, in merchandising, commercial tie-ins or other endorsements, and other persons related to write and publish articles concerning each thereof in connection with the exploitation, publicizing, advertising and licensing of the Picture. Licensor shall afford SPWA and its designees reasonable access to Licensor’s shooting locations and employees for the purposes of photographing Promotional Material suitable for use in promotional films. Notwithstanding anything provided to the Servicescontrary, SPWA shall have the sole and the exclusive right to use Programmer’s name advertise, publicize, promote and logo to market the Services [***]. Programmer shall promote DIRECTV’s carriage of Picture via any Transmission Means in the Services [***] as it promotes the carriage of the Services by any other [***] (including, without limitation, the [***] and [***]); provided, however, that Programmer shall provide DIRECTV with prior written notification of any [***] of DIRECTV’s [***] of the Services by Programmer, and any such [***] shall be subject to DIRECTV’s prior approval. Notwithstanding the foregoing, DIRECTV may cease marketing and promoting the Services if DIRECTV, in its absolute sole determination, reasonably believes that marketing or promoting the Services may be politically harmful to Portions of this Exhibit have been redacted pursuant to a request for confidential treatment under Rule 24b-2 of the General Rules and Regulations under the Securities Exchange Act. Omitted information, marked “[***]” in this exhibit, has been filed with the Securities and Exchange Commission together with such request for confidential treatment. DIRECTV or its Affiliated Companies or adversely affect the corporate image that DIRECTV or its Affiliated Companies desires to maintain at such time. In the event that DIRECTV, in its sole discretion, elects to undertake a [***] on behalf of the Services, DIRECTV shall furnish a [***] to Programmer, and Programmer and DIRECTV shall work in good faith to jointly implement such planTerritory.

Marketing and Promotion. In addition to other rights granted herein, Programmer hereby grants to DIRECTV, during the Term and in the Territory only, the following rights, but not the obligation, to be exercised by DIRECTV in its sole discretion with respect to its marketing of the Services: (i) the right to use any and all marketing materials reasonably requested from Programmer by DIRECTV (which materials shall be provided at [***] to DIRECTV) for the purpose of marketing the Services; (ii) the right to manufacture and produce its own marketing materials, subject to the prior approval of Programmer, such approval not to be unreasonably withheld or delayed; and (iii) the right to use the names, voices, music, recordings, images, and likenesses of any and all performers in and other persons related to the Services, and the right to use Programmer’s 's name and logo to market the Services without the [***]] of [***] or of any [***] whatsoever. Programmer shall promote DIRECTV’s 's carriage of the Services [***] as it promotes Portions of this Exhibit have been redacted pursuant to a request for confidential treatment under Rule 24b-2 of the General Rules and Regulations under the Securities Exchange Act. Omitted information, marked "[***]" in this exhibit, has been filed with the Securities and Exchange Commission together with such request for confidential treatment. the carriage of the Services by any other [***] (including, without limitation, the [***] and [***]); provided, however, that Programmer shall provide DIRECTV with prior written notification of any [***] of DIRECTV’s 's [***] of the Services by Programmer, and any such [***] shall be subject to DIRECTV’s 's prior approval. Notwithstanding the foregoing, DIRECTV may cease marketing and promoting the Services if DIRECTV, in its absolute sole determination, reasonably believes that marketing or promoting the Services may be politically harmful to Portions of this Exhibit have been redacted pursuant to a request for confidential treatment under Rule 24b-2 of the General Rules and Regulations under the Securities Exchange Act. Omitted information, marked “[***]” in this exhibit, has been filed with the Securities and Exchange Commission together with such request for confidential treatment. DIRECTV or its Affiliated Companies or adversely affect the corporate image that DIRECTV or its Affiliated Companies desires to maintain at such time. In the event that DIRECTV, in its sole discretion, elects to undertake a [***] on behalf of the Services, DIRECTV shall furnish a [***] and [***] to Programmer, and Programmer and DIRECTV shall work in good faith to jointly implement such plan.