Common use of Trademark Clause in Contracts

Trademark. (a) Lexicon filed an application for registration of the name “Xermelo” with the Office for Harmonization in the Internal Market and such registration was approved by the EMA on 25 April 2014. (b) Lexicon shall be responsible for securing and for maintaining at ▇▇▇▇▇’▇ expense the Licensed Trademark in the Licensed Territory and shall use Diligent Efforts in that regard. In the event Lexicon is unable to obtain or maintain the Licensed Trademark in some country(ies) in the Licensed Territory, the Parties shall negotiate in good faith concerning the selection of such other trademarks (i.e., back-up names) as may be available for marketing the Licensed Product in those countries. (c) All rights granted hereunder to Ipsen with respect to the Licensed Trademark shall be exercised, and all Licensed Products bearing the Licensed Trademark shall be manufactured, in accordance with quality standards established by the JCC, which quality standards shall be approved by Lexicon for consistency with the quality standards applied by Lexicon to its own products and the Parties shall reasonably cooperate to enable Lexicon to monitor ▇▇▇▇▇’▇ compliance with such quality standards. (d) Confusion with LX1033. To avoid any confusion or association with its other small molecule inhibitor TPH LX1033, if Lexicon continues to directly or indirectly, or through any Third Party, develop, commercialize, distribute or otherwise exploit LX1033, Lexicon agrees that: (i) it will not seek Marketing Authorization for LX1033 in the Licensed Territory under: (A) the Licensed Trademark, or (B) a tradename that is identical, similar to or is confusingly similar to the Licensed Trademark. (ii) Following the Effective Date, Lexicon will use reasonable efforts to have the EMA approve the invented name “Xermelo” to apply to the Licensed Product designated under the INN “telotristat etiprate”. (iii) Lexicon agrees to request an INN for LX1033 other than “telotristat” with the World Health Organization (“WHO”) and a new United States Adopted Name (“USAN”) for LX1033 with the United States Adopted Name Council (“USAN Council”). (e) The Parties shall cooperate with each other and use Diligent Efforts to protect the Licensed Trademark from infringement by Third Parties in the Licensed Territory. Without limiting the foregoing, each Party shall promptly notify the other Party of any known, threatened or suspected infringement, imitation or unauthorized use of or unfair competition relating to the Licensed Trademark in the Licensed Territory. Lexicon shall have the first right to determine in its discretion whether to and to what extent to institute, prosecute and/or defend any action or proceedings involving or affecting any rights relating to the Licensed Trademark. Upon Lexicon’s reasonable request, Ipsen shall cooperate with and assist Lexicon in any of Lexicon’s enforcement efforts with respect to the Licensed Trademark. Lexicon shall promptly inform Ipsen if Lexicon elects not to take action against any actual or suspected infringement of the Licensed Trademark in the Licensed Territory, in which case, Ipsen shall then have the right, but not the obligation, to bring or assume control of any such action against the allegedly infringing Third Party as Ipsen determines may be necessary, provided however, that Ipsen shall not enter into any settlement or compromise of any claim relating to the Licensed Trademark without the prior written consent of Lexicon. In the event that Ipsen brings or assumes control of any such action, then Lexicon agrees to reasonably assist Ipsen in connection therewith. In either case, the Party that initiated and prosecuted, or maintained the defense of the action shall bear all of the costs and expenses (including reasonable attorneys’ fees) incurred in connection with the action and shall be entitled to recoup those amounts in the event of recovery, by settlement or otherwise. The amount of any recovery remaining as to any such infringement in the Licensed Territory shall be shared equally by the Parties. (f) The Parties, including any future licensee of Lexicon in the Lexicon Territory, to the extent reasonably feasible shall collaborate to have a global, worldwide trademark to be used on the Licensed Product in the Licensed Territory and in the Lexicon Territory.

Trademark. (a) Lexicon filed an application 3.1 Subject to the terms of this Agreement, ZOGENIX hereby grants to DESITIN, its Affiliates and permitted sub-licensees a license to the Trademark for registration no additional consideration. 3.2 DESITIN will use the Trademark to identify the Product and in its development and commercialisation of the name “Xermelo” with the Office for Harmonization Product in the Internal Market Territory. Therefore, DESITIN shall use the Trademark as part of the Product name along with such other words as ZOGENIX and such registration was approved by DESITIN shall mutually agree are appropriate for the EMA on 25 April 2014. (b) Lexicon shall be responsible for securing and for maintaining at ▇▇▇▇▇’▇ expense commercialisation of the Licensed Trademark Product in the Licensed Territory and shall use Diligent Efforts in that regardTerritory. In the event Lexicon is unable to obtain or maintain the Licensed Trademark in some country(ies) in the Licensed Territory, the Parties shall negotiate in good faith concerning the selection of such other trademarks (i.e., back-up names) as may be available for marketing the Licensed Product in those countries. (c) All rights granted hereunder to Ipsen with respect to the Licensed The Trademark shall be exercisedowned and registered by ZOGENIX or its nominee and ZOGENIX or its nominee shall ensure that the registration of such Trademark is kept valid within the Territory, and all Licensed Products bearing unless otherwise agreed upon between the Licensed Parties in writing. 3.3 The Trademark shall only be manufactured, used in accordance connection with quality standards established by sale and marketing of the JCC, which quality standards shall be approved by Lexicon for consistency with Product within the quality standards applied by Lexicon Field and other activities pursuant to its own products and this Agreement in the Parties shall reasonably cooperate to enable Lexicon to monitor ▇▇▇▇▇’▇ compliance with such quality standardsTerritory. (d) Confusion with LX10333.4 DESITIN shall ensure that each use by it, its Affiliates and permitted sub-licensees of the Trademark is accompanied by an acknowledgement that the Trademark is owned by ZOGENIX. To avoid any confusion or association with DESITIN, its other small molecule inhibitor TPH LX1033, if Lexicon continues to directly or indirectly, or through any Third Party, develop, commercialize, distribute or otherwise exploit LX1033, Lexicon agrees that: (i) it will Affiliates and permitted sub-licensees shall not seek Marketing Authorization for LX1033 in the Licensed Territory under: (A) use the Licensed TrademarkTrademark in a way that might materially prejudice its distinctiveness or validity or the goodwill of ZOGENIX therein, or or (B) a tradename that is identicaluse any trademarks or trade names so resembling the Trademark as to be likely to cause confusion or deception. 3.5 DESITIN shall not have, similar to assert or is confusingly similar acquire any right, title or interest in or to the Licensed TrademarkTrademark or the goodwill pertaining thereto, except as explicitly provided in Clause 3.1 of this Agreement. (ii) Following the Effective Date, Lexicon will use reasonable efforts to have the EMA approve the invented name “Xermelo” to apply to the Licensed Product designated under the INN “telotristat etiprate”. (iii) Lexicon agrees to request an INN for LX1033 other than “telotristat” with the World Health Organization (“WHO”) and a new United States Adopted Name (“USAN”) for LX1033 with the United States Adopted Name Council (“USAN Council”). (e) The Parties 3.6 DESITIN shall cooperate with each other and use Diligent Efforts to protect the Licensed Trademark from infringement by Third Parties in the Licensed Territory. Without limiting the foregoing, each Party shall promptly notify the other Party give ZOGENIX prompt notice of any known, infringement or threatened or suspected infringement, imitation or unauthorized use infringement of or unfair competition relating to the Licensed Trademark in the Licensed TerritoryTrademark. Lexicon ZOGENIX shall have the first right to determine in its sole discretion whether what action, if any, to and to what extent to institute, prosecute and/or defend any action or proceedings involving or affecting any rights relating take in response to the Licensed Trademark. Upon Lexicon’s reasonable request, Ipsen shall cooperate with and assist Lexicon in any of Lexicon’s enforcement efforts with respect to the Licensed Trademark. Lexicon shall promptly inform Ipsen if Lexicon elects not to take action against any actual infringement or suspected threatened infringement of the Licensed Trademark in the Licensed Territory, in which case, Ipsen shall then have the right, but not the obligation, to bring or assume control of any such action against the allegedly infringing Third Party as Ipsen determines may be necessary, provided however, that Ipsen shall not enter into any settlement or compromise of any claim relating to the Licensed Trademark without the prior written consent of Lexicon. In the event that Ipsen brings or assumes control of any such action, then Lexicon agrees to reasonably assist Ipsen in connection therewith. In either case, the Party that initiated and prosecuted, or maintained the defense of the action shall bear all of the costs and expenses (including reasonable attorneys’ fees) incurred in connection with the action and shall be entitled to recoup those amounts in the event of recovery, by settlement or otherwise. The amount of any recovery remaining as to any such infringement in the Licensed Territory shall be shared equally by the PartiesTrademark. (f) The Parties, including any future licensee of Lexicon in the Lexicon Territory, to the extent reasonably feasible shall collaborate to have a global, worldwide trademark to be used on the Licensed Product in the Licensed Territory and in the Lexicon Territory.

Trademark. (a) Lexicon filed an application for registration The DISTRIBUTOR shall use the Trademarks in marketing, advertising and promoting the sale of the name “Xermelo” Products only in accordance with the Office for Harmonization policies of the SUPPLIER regarding the use of Trademarks. Any use by DISTRIBUTOR of advertising, sales or promotional materials shall be subject to the SUPPLIER'S prior approval. The right to use the Trademarks shall cease and terminate upon the effective date of termination [*Certain information on this page has been omitted and filed separately with the Commission. Confidential treatment has been requested with respect to the omitted portions.] of this Agreement. The Trademarks shall remain the sole and exclusive property of the SUPPLIER. DISTRIBUTOR acknowledges that nothing contained shall give DISTRIBUTOR any right or interest in any other Trademarks or any trademark, tradename, sign, symbol, emblem, device, trade style or slogan used by or at the direction of the SUPPLIER upon or in relation to the Products. DISTRIBUTOR covenants not to do or permit to be done any act calculated to prejudice, affect, impair or destroy the title and/or interest of the SUPPLIER in and to the Trademarks. If it shall come to the attention of DISTRIBUTOR that any person, firm or corporation is infringing any Trademark, DISTRIBUTOR will promptly notify the SUPPLIER and cooperate fully with the SUPPLIER in the Internal Market defense and such registration was approved protection of the Trademarks. All use of the Trademarks by DISTRIBUTOR under this Agreement shall inure to the EMA on 25 April 2014. (b) Lexicon shall be responsible for securing and for maintaining at ▇▇▇▇▇’▇ expense exclusive benefit of the Licensed Trademark in the Licensed Territory and shall use Diligent Efforts in that regardSUPPLIER. In the event Lexicon that any action, suit or proceeding is unable commenced against DISTRIBUTOR concerning DISTRIBUTOR'S use of the Trademarks, DISTRIBUTOR shall promptly give notice thereof to obtain the SUPPLIER. The SUPPLIER agrees to indemnify and hold DISTRIBUTOR harmless from and against any and all liability and legal costs (including reasonable attorneys' fees) arising out of any claim or maintain the Licensed Trademark in some country(ies) in the Licensed Territory, the Parties shall negotiate in good faith concerning the selection of such other trademarks (i.e., back-up names) as may be available for marketing the Licensed Product in those countries. (c) All rights granted hereunder to Ipsen action by another party with respect to the Licensed Trademark shall be exercised, and all Licensed Products bearing the Licensed Trademark shall be manufactured, in accordance with quality standards established by the JCC, which quality standards shall be approved by Lexicon for consistency with the quality standards applied by Lexicon to its own products and the Parties shall reasonably cooperate to enable Lexicon to monitor ▇▇▇▇▇’▇ compliance with such quality standards. (d) Confusion with LX1033. To avoid any confusion or association with its other small molecule inhibitor TPH LX1033, if Lexicon continues to directly or indirectly, or through any Third Party, develop, commercialize, distribute or otherwise exploit LX1033, Lexicon agrees that: (i) it will not seek Marketing Authorization for LX1033 in the Licensed Territory under: (A) the Licensed Trademark, or (B) a tradename that is identical, similar to or is confusingly similar to the Licensed Trademark. (ii) Following the Effective Date, Lexicon will use reasonable efforts to have the EMA approve the invented name “Xermelo” to apply to the Licensed Product designated under the INN “telotristat etiprate”. (iii) Lexicon agrees to request an INN for LX1033 other than “telotristat” with the World Health Organization (“WHO”) and a new United States Adopted Name (“USAN”) for LX1033 with the United States Adopted Name Council (“USAN Council”). (e) The Parties shall cooperate with each other and use Diligent Efforts to protect the Licensed Trademark from infringement by Third Parties in the Licensed Territory. Without limiting the foregoing, each Party shall promptly notify the other Party of any known, threatened or suspected infringement, imitation or unauthorized DISTRIBUTOR'S use of or unfair competition relating to the Licensed Trademark in the Licensed TerritoryTrademarks. Lexicon shall have the first right to determine in its discretion whether to and to what extent to institute, prosecute and/or defend any action or proceedings involving or affecting any rights relating to the Licensed Trademark. Upon Lexicon’s reasonable request, Ipsen shall cooperate with and assist Lexicon in any of Lexicon’s enforcement efforts with respect to the Licensed Trademark. Lexicon shall promptly inform Ipsen if Lexicon elects not to take action against any actual or suspected infringement of the Licensed Trademark in the Licensed Territory, in which case, Ipsen shall then have the right, but not the obligation, to bring or assume control of any such action against the allegedly infringing Third Party as Ipsen determines may be necessary, provided however, that Ipsen DISTRIBUTOR shall not enter into any settlement or compromise of any indemnified claim relating to the Licensed Trademark without the prior written consent of Lexicon. In the event that Ipsen brings or assumes control of any such action, then Lexicon agrees to reasonably assist Ipsen in connection therewith. In either case, the Party that initiated and prosecuted, or maintained the defense of the action shall bear all of the costs and expenses (including reasonable attorneys’ fees) incurred in connection with the action and shall be entitled to recoup those amounts in the event of recovery, by settlement or otherwise. The amount of any recovery remaining as to any such infringement in the Licensed Territory shall be shared equally by the PartiesSUPPLIER'S consent. (f) The Parties, including any future licensee of Lexicon in the Lexicon Territory, to the extent reasonably feasible shall collaborate to have a global, worldwide trademark to be used on the Licensed Product in the Licensed Territory and in the Lexicon Territory.

Trademark. (a) Lexicon filed an 6.1 ATHX shall select the Trademark in accordance with Laws in the Territory and taking into account advice from relevant authorities. The Trademark shall be property of ATHX. 6.2 As between the Parties, ATHX shall have the right to register and maintain the Trademark for the Product at the competent authority in the Territory including the Japan Patent Office. ATHX shall be the party to file application for of and maintain the registration of Trademark and to defend the name “Xermelo” registration against any third party’s challenge including, * Confidential treatment has been requested for the redacted portions of this exhibit, and such confidential portions have been omitted and filed separately with the Office for Harmonization in the Internal Market Securities and such registration was approved by the EMA on 25 April 2014. (b) Lexicon Exchange Commission. without limitation, filing of invalidation trial. ATHX shall be responsible for securing the costs and for fees incurred in relation to filing application of, maintaining at ▇▇▇▇▇’▇ expense and defending the Licensed registration of the Trademark. Healios will cooperate with ATHX with respect to all such activities as reasonably requested by ATHX from time to time, including by providing such testimony, documents, samples or other materials required to prove use of the Trademark in the Licensed Territory Territory. The reasonable out-of-pocket costs and fees incurred by Healios in connection with such cooperation shall use Diligent Efforts in that regard. In the event Lexicon is unable to obtain or maintain the Licensed Trademark in some country(ies) in the Licensed Territory, the Parties shall negotiate in good faith concerning the selection of such other trademarks (i.e., back-up names) as may be available for marketing the Licensed Product in those countriesreimbursed by ATHX. (c) All rights granted hereunder to Ipsen with respect to 6.3 As between the Licensed Trademark shall be exercisedParties, and all Licensed Products bearing the Licensed Trademark shall be manufactured, in accordance with quality standards established by the JCC, which quality standards shall be approved by Lexicon for consistency with the quality standards applied by Lexicon to its own products and the Parties shall reasonably cooperate to enable Lexicon to monitor ▇▇▇▇▇’▇ compliance with such quality standards. (d) Confusion with LX1033. To avoid any confusion or association with its other small molecule inhibitor TPH LX1033, if Lexicon continues to directly or indirectly, or through any Third Party, develop, commercialize, distribute or otherwise exploit LX1033, Lexicon agrees that: (i) it will not seek Marketing Authorization for LX1033 in the Licensed Territory under: (A) the Licensed Trademark, or (B) a tradename that is identical, similar to or is confusingly similar to the Licensed Trademark. (ii) Following the Effective Date, Lexicon will use reasonable efforts to have the EMA approve the invented name “Xermelo” to apply to the Licensed Product designated under the INN “telotristat etiprate”. (iii) Lexicon agrees to request an INN for LX1033 other than “telotristat” with the World Health Organization (“WHO”) and a new United States Adopted Name (“USAN”) for LX1033 with the United States Adopted Name Council (“USAN Council”). (e) The Parties shall cooperate with each other and use Diligent Efforts to protect the Licensed Trademark from infringement by Third Parties in the Licensed Territory. Without limiting the foregoing, each Party shall promptly notify the other Party of any known, threatened or suspected infringement, imitation or unauthorized use of or unfair competition relating to the Licensed Trademark in the Licensed Territory. Lexicon ATHX shall have the first right to determine in its discretion whether to and to what extent to instituteenforce the Trademark against infringements or other violations thereof, prosecute and/or defend any action or proceedings involving or affecting any rights relating to the Licensed Trademark. Upon Lexicon’s reasonable request, Ipsen shall cooperate with and assist Lexicon in any of Lexicon’s enforcement efforts with respect to the Licensed Trademark. Lexicon shall promptly inform Ipsen if Lexicon elects not to take action against any actual or suspected infringement of the Licensed Trademark in the Licensed Territory, in which case, Ipsen shall then have the right, but not the obligation, to bring or assume control of any such action against the allegedly infringing Third Party as Ipsen determines may be necessary, provided however, that Ipsen shall not enter into any settlement or compromise of any claim relating to the Licensed Trademark without the prior written consent of Lexicon. In the event that Ipsen brings or assumes control of any such action, then Lexicon agrees to reasonably assist Ipsen in connection therewith. In either case, the Party that initiated and prosecuted, or maintained the defense of the action shall bear responsible for all of the costs and expenses (including reasonable attorneys’ fees) fees incurred in connection with the action relation to such activity, and shall be entitled to recoup those amounts retain all awards or damages in connection with such activities. Healios shall promptly notify ATHX of any known infringements or other violations of the Trademark in the event of recovery, by settlement or otherwise. The amount of any recovery remaining as to any such infringement in the Licensed Territory shall be shared equally by the PartiesTerritory. (f) The Parties6.4 Subject to the terms and conditions of this Agreement, including any future licensee of Lexicon in ATHX hereby grants to Healios and its Affiliate an exclusive, non-transferable and non-assignable license, with the Lexicon Territoryright to sublicense with prior written notice to ATHX, to use the extent reasonably feasible shall collaborate Trademark to have a globaldevelop, worldwide trademark to be used on the Licensed distribute, promote, market, offer for sale, sell, and import Product in the Licensed Territory and Primary Field in the Lexicon Territory. 6.5 Healios shall and shall cause its Affiliate and its and their respective sublicensee to only distribute, promote, market, offer for sale, and sell Product in the Primary Field in the Territory using the Trademark. Furthermore, upon and after notice by ATHX, Healios shall refer to Product in its regulatory filings for the Primary Field in the Territory using the Trademark. 6.6 All goodwill of the Trademark generated through use of it by Healios, its Affiliate and its and their respective sublicensee will inure to the sole benefit of ATHX. Healios shall not, and shall cause its Affiliate and their respective sublicensee not to (a) use, register or apply to register the Trademark, an variant of it, any ▇▇▇▇ including it or any variant of it, or any ▇▇▇▇ confusingly similar to the Trademark or (b) do or permit to be done any act that impairs, prejudices, dilutes or infringes ATHX’s rights in the Trademark. 6.7 Healios shall and shall cause its Affiliate and its and their respective sublicensee to only use the Trademark in the form approved by ATHX from time to time, provided that the approval shall not be unreasonably withheld. Healios shall provide to ATHX samples of use of the Trademark as reasonably requested by ATHX from time to time. Healios, its Affiliate or their sublicensee may seek the foregoing approval from ATHX, which approval shall not be unreasonably withheld or delayed, for use of the Trademark in combination with any ▇▇▇▇ indicating (i) Healios, its Affiliate or their sublicensee, including, without limitation, corporate identity of Healios, its Affiliate or their sublicensee or (ii) any brand controlled or owned by Healios, its Affiliate or their sublicensee.

Trademark. (a) Lexicon filed an application for registration The appointment as per paragraph 2(a) shall include the permission granted by Producer to Importer to use the Trademark free from any additional payment in the Territory. Importer shall ensure that each reference to and use of the name “Xermelo” with Trademark by Importer is in a manner befitting the Office for Harmonization in the Internal Market and such registration was approved by the EMA on 25 April 2014trademark. (b) Lexicon shall be responsible for securing and for maintaining at ▇▇▇▇▇’▇ expense The permission to use the Licensed Trademark in the Licensed Territory hereby granted shall not be assignable by Importer and upon termination of this Agreement all rights granted to Importer to use the Trademark shall use Diligent Efforts in that regard. In the event Lexicon is unable to obtain or maintain the Licensed Trademark in some country(ies) in the Licensed Territory, the Parties shall negotiate in good faith concerning the selection of such other trademarks (i.e., back-up names) as may be available for marketing the Licensed Product in those countriescease forthwith. (c) All rights granted hereunder Importer acknowledges Producer’s right, title and interest in the Trademark in the Territory and elsewhere and agrees not to Ipsen tamper with respect it or do any act which might invalidate such title or the registration of the Trademark, nor do any act which might support any application to remove the Licensed Trademark shall be exercisedfrom the register nor assist any other person directly or indirectly in any such act. Importer hereby covenants not to challenge, and all Licensed Products bearing the Licensed Trademark shall be manufactureddirectly or indirectly, in accordance with quality standards established any country of the world, Producer’s sole and exclusive ownership of the Trademark and any variations or modifications thereof, as well as the goodwill symbolized by the JCC, which quality standards shall be approved by Lexicon for consistency with the quality standards applied by Lexicon to its own products and the Parties shall reasonably cooperate to enable Lexicon to monitor ▇▇▇▇▇’▇ compliance with such quality standardsTrademark. (d) Confusion with LX1033. To avoid any confusion or association with its other small molecule inhibitor TPH LX1033, if Lexicon continues The goodwill arising from the permitted use of the Trademark by Importer shall accrue to directly or indirectly, or through any Third Party, develop, commercialize, distribute or otherwise exploit LX1033, Lexicon agrees that: (i) it will not seek Marketing Authorization for LX1033 in the Licensed Territory under: (A) the Licensed Trademark, or (B) a tradename that is identical, similar to or is confusingly similar to the Licensed Trademark. (ii) Following the Effective Date, Lexicon will use reasonable efforts to have the EMA approve the invented name “Xermelo” to apply to the Licensed Product designated under the INN “telotristat etiprate”. (iii) Lexicon agrees to request an INN for LX1033 other than “telotristat” with the World Health Organization (“WHO”) and a new United States Adopted Name (“USAN”) for LX1033 with the United States Adopted Name Council (“USAN Council”)Producer. (e) The Parties shall cooperate with each other and Importer undertakes not to use Diligent Efforts to protect the Licensed Trademark from infringement by Third Parties in the Licensed Territory. Without limiting the foregoing, each Party shall promptly notify the other Party of any known, threatened or suspected infringement, imitation or unauthorized use of or unfair competition relating to the Licensed Trademark in the Licensed Territory. Lexicon shall have the first right to determine in its discretion whether to and to what extent to institute, prosecute and/or defend business any action or proceedings involving or affecting any rights relating to the Licensed Trademark. Upon Lexicon’s reasonable request, Ipsen shall cooperate with and assist Lexicon in any of Lexicon’s enforcement efforts with respect to the Licensed Trademark. Lexicon shall promptly inform Ipsen if Lexicon elects not to take action against any actual or suspected infringement of the Licensed other Trademark in the Licensed Territory, in which case, Ipsen shall then have the right, but not the obligation, to bring or assume control of any such action against the allegedly infringing Third Party as Ipsen determines may be necessary, provided however, that Ipsen shall not enter into any settlement or compromise of any claim relating to the Licensed Trademark without the prior written consent of Lexicon. In the event that Ipsen brings or assumes control of any such action, then Lexicon agrees to reasonably assist Ipsen in connection therewith. In either case, the Party that initiated and prosecutedis similar to, or maintained substantially similar to, or so nearly resembles the defense of the action shall bear all of the costs and expenses (including reasonable attorneys’ fees) incurred in connection with the action and shall be entitled to recoup those amounts in the event of recovery, by settlement or otherwise. The amount of any recovery remaining Trademark as to any such infringement in the Licensed Territory shall be shared equally by the Partiescause deception or confusion. (f) The PartiesIn the event that Importer learns of any infringement or threatened Trade Dress infringement of the Trademark, including or any future licensee common law passing-off by reason of Lexicon in imitations or otherwise, or that any third party alleges claim that the Lexicon Territory, Trademark is liable to cause deception or confusion to the extent reasonably feasible public, Importer shall collaborate forthwith notify Producer giving particulars thereof and Importer will, at Producer’s expense, provide all reasonable information and assistance to have a globalProducer in any proceeding which is commenced or engaged in by the Producer. (g) The copyright in all brochures, worldwide trademark pamphlets and material supplied by Producer to Importer and relating to the Products shall be used on and shall remain the Licensed Product in property of Producer and Importer shall, upon termination of this Agreement, return to Producer or dispose of as Producer shall direct at the Licensed Territory cost of Producer, all samples supplied by Producer together with all such brochures and in the Lexicon Territorymaterials as aforesaid.

Trademark. 8.1 Honeywell hereby grants Distributor a non-exclusive, royalty free sublicense during the term of this Agreement, to use the trademarks, names and related designs applicable to the Products set out in Schedule A (acollectively, the “Trademarks”) Lexicon filed an application for registration of the name “Xermelo” in a form approved in writing by Honeywell. The Trademarks shall be used solely in connection with the Office for Harmonization in the Internal Market marketing, sale, installation, and such registration was servicing of Products. Use of or linkage between any of Honeywell’s domain names, websites or URLs, or those of Honeywell’s affiliates, and any of Distributor’s must be approved by the EMA on 25 April 2014. (b) Lexicon shall Honeywell in advance in writing. All such use will be responsible for securing and for maintaining at ▇▇▇▇▇’▇ expense the Licensed Trademark in the Licensed Territory and shall use Diligent Efforts in that regard. In the event Lexicon is unable to obtain or maintain the Licensed Trademark in some country(ies) in the Licensed Territory, the Parties shall negotiate in good faith concerning the selection of such other trademarks (i.e., back-up names) as may be available for marketing the Licensed Product in those countries. (c) All rights granted hereunder to Ipsen with respect to the Licensed Trademark shall be exercised, and all Licensed Products bearing the Licensed Trademark shall be manufactured, in accordance with quality standards established the Trademark Use Guidelines as set out in Schedule G and as Honeywell notifies Distributor from time to time. Upon expiration or termination of this Agreement, Distributor shall immediately cease any and all use of the Trademarks in any manner. The rights granted to Distributor pursuant to this Agreement are personal to Distributor and may not be transferred, assigned or sublicensed, by operation of law or otherwise, nor may Distributor delegate its obligations hereunder without the JCC, which quality standards shall be approved by Lexicon for consistency with the quality standards applied by Lexicon to its own products and the Parties shall reasonably cooperate to enable Lexicon to monitor ▇▇▇▇▇’▇ compliance with such quality standardswritten consent of Honeywell. (d) Confusion with LX10338.2 All such Trademarks, trade names, other marks, product names, domain names, web sites, registrations, URLs, other proprietary information, as well as Honeywell’s patents, and those of Honeywell’s affiliates, are recognized by Distributor as the exclusive intellectual property of Honeywell International Inc. and its affiliates. To avoid All goodwill resulting from the use of the Trademarks by Distributor, including any confusion or association with additional goodwill that may develop because of Distributor’s use of the Trademarks shall inure solely to the benefit of Honeywell International Inc and its other small molecule inhibitor TPH LX1033, if Lexicon continues to directly or indirectly, or through affiliates and Distributor shall not acquire any Third Party, develop, commercialize, distribute or otherwise exploit LX1033, Lexicon agrees that: rights in the Trademarks except the limited use rights specifically granted in this Agreement. Distributor shall not (i) it will not seek Marketing Authorization use the Trademarks in any manner likely to diminish their commercial value; (ii) knowingly use any name, domain name, social media name, logo or icon likely to cause confusion with the Trademarks; (iii) make any representation to the effect that the Trademarks are owned by Distributor; (iv) file or obtain, or cause any third party to file or obtain, any applications or registrations or domain names for LX1033 in the Licensed Territory under: (A) the Licensed Trademark, or (B) a tradename that is identical, similar to Trademarks or is any terms confusingly similar to the Licensed TrademarkTrademarks; or (v) challenge the validity of Honeywell Inc's (or its affiliates’) ownership of the Trademarks. Distributor further shall not at any time, either during the life of or after expiration of this Agreement, contest the validity of the Trademarks or assert or claim any other right to manufacture, sell or offer for sale products under the Trademarks, or any trademark confusingly similar thereto. 8.3 All materials of any kind which contain the Trademarks which Distributor intends to use and its proposed placement must be approved in advance and in writing (iiincluding facsimile) Following the Effective Dateby Honeywell to ensure proper trademark usage by Distributor. Honeywell shall promptly review such Copy received from Distributor and shall not unreasonably withhold its consent. Such Copy shall be deemed disapproved if Honeywell does not provide a reply to Distributor within fifteen (15) business days of Honeywell’s receipt of such proposed Copy. Honeywell may refuse to approve, Lexicon will use reasonable efforts to have the EMA approve the invented name “Xermelo” to apply and Distributor shall not distribute, any materials containing or referring to the Licensed Product designated under Trademark that derogates, erodes or tends to tarnish the INN “telotristat etiprate”Trademark, or otherwise diminish the value of the Trademark, in Honeywell’s opinion. (iii) Lexicon agrees to request an INN for LX1033 other than “telotristat” with the World Health Organization (“WHO”) and a new United States Adopted Name (“USAN”) for LX1033 with the United States Adopted Name Council (“USAN Council”). (e) The Parties shall cooperate with each other and use Diligent Efforts to protect the Licensed Trademark from infringement by Third Parties in the Licensed Territory. Without limiting the foregoing, each Party shall promptly notify the other Party of any known, threatened or suspected infringement, imitation or unauthorized use of or unfair competition relating to the Licensed Trademark in the Licensed Territory. Lexicon shall have the first right to determine in its discretion whether to and to what extent to institute, prosecute and/or defend any action or proceedings involving or affecting any rights relating to the Licensed Trademark. Upon Lexicon’s reasonable request, Ipsen shall cooperate with and assist Lexicon in any of Lexicon’s enforcement efforts with respect to the Licensed Trademark. Lexicon shall 8.4 Distributor will promptly inform Ipsen if Lexicon elects not to take action against Honeywell of any actual or suspected possible infringement of such intellectual property which comes to Distributor’s attention. Honeywell may decide in its sole discretion whether and what steps should be taken to prevent or terminate infringement of the Licensed Trademark Trademarks in the Licensed Territory, in which case, Ipsen shall then have including the right, but not the obligation, to bring or assume control institution of any such action against the allegedly infringing Third Party as Ipsen determines may be necessary, provided however, that Ipsen shall not enter into any legal proceedings and settlement or compromise of any claim relating to or proceeding. Distributor will provide or procure reasonable assistance, such as the Licensed Trademark without furnishing of documents and information and the prior written consent execution of Lexicon. In the event that Ipsen brings or assumes control of any such actionall reasonably necessary documents, then Lexicon agrees to as Honeywell may reasonably assist Ipsen in connection therewith. In either case, the Party that initiated and prosecuted, or maintained the defense of the action shall bear all of the costs and expenses (including reasonable attorneys’ fees) incurred in connection with the action and shall be entitled to recoup those amounts in the event of recovery, by settlement or otherwise. The amount of any recovery remaining as to any such infringement in the Licensed Territory shall be shared equally by the Partiesrequest. (f) The Parties, including any future licensee of Lexicon in the Lexicon Territory, to the extent reasonably feasible shall collaborate to have a global, worldwide trademark to be used on the Licensed Product in the Licensed Territory and in the Lexicon Territory.

Trademark. (a) Lexicon filed an application for registration 5.1 The Seller hereby grants to the Distributor the non-exclusive right in the Territories to use the trademarks Trademarks in the promotion, advertisement and sale of the name “Xermelo” Products in accordance with the Office terms of and for Harmonization the duration of this Agreement. The trademarks Trademarks are registered trademarks, owned and used by the Seller. The Seller makes no representation or warranty as to the validity or enforceability of the trademark, nor as to whether the same infringe on any intellectual property rights of third parties in the Internal Market and such registration was approved by the EMA on 25 April 2014Territories. (b) Lexicon 5.2 The Products shall be responsible sold under the Seller’s trademark and on all Products, containers and advertisements for securing and for maintaining at ▇▇▇▇▇’▇ expense the Licensed Trademark in the Licensed Territory and shall use Diligent Efforts in that regard. In the event Lexicon is unable to obtain or maintain the Licensed Trademark in some country(ies) in the Licensed Territory, the Parties shall negotiate in good faith concerning the selection of such other trademarks (i.e., back-up names) Products as may be available prescribed by the Seller. All representations of such trademark which the Distributor intends to use shall first be submitted to the Seller for marketing the Licensed Product in those countriesapproval. (c) All rights granted hereunder to Ipsen with respect to 5.3 After termination of this Agreement the Licensed Trademark Distributor shall be exercised, and immediately cease all Licensed Products bearing the Licensed Trademark shall be manufactured, use of Seller’s name or any of Seller’s trademarks in accordance with quality standards established by the JCC, which quality standards shall be approved by Lexicon for consistency with the quality standards applied by Lexicon to its own products and the Parties shall reasonably cooperate to enable Lexicon to monitor ▇▇▇▇▇’▇ compliance with such quality standardsany manner whatsoever. 5.4 The Distributor may not put any trademark of his own on any Products or Product’s documentation material (d) Confusion with LX1033including without limitation any inserts), without the Seller’s permission in writing in advance. To avoid any confusion or association with its other small molecule inhibitor TPH LX1033, if Lexicon continues to directly or indirectly, or through any Third Party, develop, commercialize, distribute or otherwise exploit LX1033, Lexicon agrees that: (i) it will Such authorisation shall not seek Marketing Authorization for LX1033 in the Licensed Territory under: (A) the Licensed Trademark, or (B) a tradename that is identical, similar to or is confusingly similar to the Licensed Trademarkbe unreasonably withheld as long as regulatory requirements are met. (ii) Following the Effective Date5.5 The Distributor shall not, Lexicon will use reasonable efforts to have the EMA approve the invented name “Xermelo” to apply to the Licensed Product designated under the INN “telotristat etiprate”. (iii) Lexicon agrees to request an INN for LX1033 other than “telotristat” with the World Health Organization (“WHO”) and a new United States Adopted Name (“USAN”) for LX1033 with the United States Adopted Name Council (“USAN Council”). (e) The Parties shall cooperate with each other and use Diligent Efforts to protect the Licensed Trademark from infringement by Third Parties in the Licensed Territory. Without limiting the foregoing, each Party shall promptly notify the other Party of any known, threatened or suspected infringement, imitation or unauthorized use of or unfair competition relating to the Licensed Trademark in the Licensed Territory. Lexicon shall have the first right to determine in its discretion whether to and to what extent to institute, prosecute and/or defend any action or proceedings involving or affecting any rights relating to the Licensed Trademark. Upon Lexicon’s reasonable request, Ipsen shall cooperate with and assist Lexicon in any of Lexicon’s enforcement efforts with respect to the Licensed Trademark. Lexicon shall promptly inform Ipsen if Lexicon elects not to take action against any actual or suspected infringement of the Licensed Trademark in the Licensed Territory, in which case, Ipsen shall then have the right, but not the obligation, to bring or assume control of any such action against the allegedly infringing Third Party as Ipsen determines may be necessary, provided however, that Ipsen shall not enter into any settlement or compromise of any claim relating to the Licensed Trademark without the prior written consent of Lexicon. In the event that Ipsen brings Seller, alter or assumes control make any addition to the labelling or packaging of the Products displaying the aforementioned Seller’s trademarks, and shall not alter, deface or remove in any manner any reference to such trademarks, any reference to the Seller or any other name attached or affixed to the Products or their packaging or labelling. 5.6 Both Seller and the Distributor shall promptly inform each other of any such actionsituation, then Lexicon where it has a reason to believe that trademark rights may be infringed or challenged by third parties. The Distributor shall not do or omit to do anything in its use of the Seller’s trademarks that may or would adversely affect their validity. 5.7 The Seller agrees to reasonably assist Ipsen and at its own expense to take appropriate action (in connection therewithits sole discretion) to protect its trademark and other intellectual property rights. In either case, The Distributor agrees at the Party that initiated request and prosecuted, or maintained the defense expense of the action shall bear Seller to provide all of the costs and expenses (including reasonable attorneys’ fees) incurred assistance in connection with the any action and shall to be entitled to recoup those amounts in the event of recovery, by settlement or otherwise. The amount of any recovery remaining as to any such infringement in the Licensed Territory shall be shared equally taken by the PartiesSeller pursuant to clause 12.2. (f) The Parties, including any future licensee of Lexicon in the Lexicon Territory, to the extent reasonably feasible shall collaborate to have a global, worldwide trademark to be used on the Licensed Product in the Licensed Territory and in the Lexicon Territory.

Trademark. The Licensed Products sold in the Territory shall bear a trademark (a"Trademark") Lexicon filed an application chosen and owned by Peninsula. Peninsula, at its reasonable discretion, may use the trademark (if any) owned by Shionogi for registration the marketing of the name “Xermelo” with Licensed Products (the Office "Shionogi Trademark") for Harmonization so long as Peninsula markets the Licensed Products. If Peninsula desires to use the Shionogi Trademark, then to the extent legally permitted, Shionogi shall grant the right to use the Shionogi Trademark for such purpose free of charge during the term of this Agreement. The Licensed Products sold in the Internal Market Territory shall bear the Shionogi name or logo (the "Marks"), as provided in Subsection 6.3(b), and such registration was approved by Shionogi grants Peninsula the EMA on 25 April 2014. (bright to use the Marks to the extent necessary for Peninsula to fulfill the obligations set forth in Subsection 6.3(b) Lexicon shall be responsible for securing and for maintaining at ▇▇▇▇▇’▇ expense applicable to the Licensed Trademark Products sold in the Licensed Territory Territory. Peninsula will have no obligation to pay royalties for such use of the Marks and Shionogi Trademark during the term the Agreement. If Shionogi desires to use the Trademark owned or Controlled by Peninsula to market products containing the Compound outside the Territory, then to the extent legally permitted, Peninsula shall grant the right to use the Trademark for such purpose free of charge for so long as Shionogi (or its licensee) markets and sells any products containing the Compound outside the Territory. Shionogi shall not use the [ * ] = CERTAIN CONFIDENTIAL INFORMATION CONTAINED IN THIS DOCUMENT, MARKED BY BRACKETS, HAS BEEN OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO RULE 406 OF THE SECURITIES ACT OF 1933, AS AMENDED. Trademark outside the scope of this Agreement and shall use Diligent Efforts in that regard. In the event Lexicon is unable to obtain or maintain the Licensed Trademark in some country(ies) in the Licensed Territory, the Parties shall negotiate in good faith concerning the selection of such other trademarks (i.e., back-up names) as may be available for marketing the Licensed Product in those countries. (c) All rights granted hereunder to Ipsen with respect to the Licensed Trademark shall be exercised, and all Licensed Products bearing the Licensed Trademark shall be manufactured, in accordance with quality standards established by the JCC, which quality standards shall be approved by Lexicon for consistency with the quality standards applied by Lexicon to its own products and the Parties shall reasonably cooperate to enable Lexicon to monitor ▇▇▇▇▇’▇ compliance with such quality standards. (d) Confusion with LX1033. To avoid any confusion or association with its other small molecule inhibitor TPH LX1033Peninsula's then-current reasonable trademark guidelines, if Lexicon continues any, as provided to directly or indirectly, or through any Third Party, develop, commercialize, distribute or otherwise exploit LX1033, Lexicon agrees that: (i) it will not seek Marketing Authorization for LX1033 Shionogi in the Licensed Territory under: (A) the Licensed Trademark, or (B) a tradename that is identical, similar to or is confusingly similar to the Licensed Trademark. (ii) Following the Effective Date, Lexicon will use reasonable efforts to have the EMA approve the invented name “Xermelo” to apply to the Licensed Product designated under the INN “telotristat etiprate”. (iii) Lexicon agrees to request an INN for LX1033 other than “telotristat” with the World Health Organization (“WHO”) and a new United States Adopted Name (“USAN”) for LX1033 with the United States Adopted Name Council (“USAN Council”). (e) The Parties shall cooperate with each other and use Diligent Efforts to protect the Licensed Trademark from infringement by Third Parties writing in the Licensed Territory. Without limiting the foregoing, each Party shall promptly notify the other Party of any known, threatened or suspected infringement, imitation or unauthorized use of or unfair competition relating to the Licensed Trademark in the Licensed Territory. Lexicon shall have the first right to determine in its discretion whether to and to what extent to institute, prosecute and/or defend any action or proceedings involving or affecting any rights relating to the Licensed Trademark. Upon Lexicon’s reasonable request, Ipsen shall cooperate with and assist Lexicon in any of Lexicon’s enforcement efforts with respect to the Licensed Trademark. Lexicon shall promptly inform Ipsen if Lexicon elects not to take action against any actual or suspected infringement of the Licensed Trademark in the Licensed Territory, in which case, Ipsen shall then have the right, but not the obligation, to bring or assume control advance of any such action against the allegedly infringing Third Party use as Ipsen determines they may be necessaryupdated from time to time by Peninsula, provided howeveror alternatively, that Ipsen shall not enter into any settlement or compromise of any claim relating to the Licensed Trademark without the with Peninsula's prior written consent of Lexicon. In the event that Ipsen brings or assumes control of any approval for such action, then Lexicon agrees to reasonably assist Ipsen in connection therewith. In either case, the Party that initiated and prosecuted, or maintained the defense of the action shall bear all of the costs and expenses (including reasonable attorneys’ fees) incurred in connection with the action and shall be entitled to recoup those amounts in the event of recovery, by settlement or otherwise. The amount of any recovery remaining as to any such infringement in the Licensed Territory shall be shared equally by the Partiesuse. (f) The Parties, including any future licensee of Lexicon in the Lexicon Territory, to the extent reasonably feasible shall collaborate to have a global, worldwide trademark to be used on the Licensed Product in the Licensed Territory and in the Lexicon Territory.

Trademark. (a) Lexicon filed an 6.1 ATHX shall select the Trademark in accordance with laws, rules and regulations in the Territory and taking into account advice from relevant authorities. The Trademark shall be ATHX’s property. 6.2 ATHX shall register and maintain the Trademark for the Product at the competent authority in the Territory including the Japan Patent Office. ATHX shall be the party to file application for of and maintain the registration of Trademark and to defend the name “Xermelo” with the Office for Harmonization in the Internal Market and such registration was approved by the EMA on 25 April 2014. (b) Lexicon against any third party’s challenge including, without limitation, filing of invalidation trial. ATHX shall be responsible for securing the costs and for fees incurred in relation to filing application of, maintaining at ▇▇▇▇▇’▇ expense and defending the Licensed registration of the Trademark. CHUGAI will cooperate with ATHX with respect to all such activities as reasonably requested by ATHX from time to time, including by providing such testimony, documents, samples or other materials required to prove use of the Trademark in the Licensed Territory Territory. The out-of-pocket costs and fees incurred by CHUGAI in connection with such cooperation shall use Diligent Efforts in that regard. In the event Lexicon is unable to obtain or maintain the Licensed Trademark in some country(ies) in the Licensed Territory, the Parties shall negotiate in good faith concerning the selection of such other trademarks (i.e., back-up names) as may be available for marketing the Licensed Product in those countriesreimbursed by ATHX. (c) All rights granted hereunder to Ipsen with respect to 6.3 As between the Licensed Trademark shall be exercisedParties, and all Licensed Products bearing the Licensed Trademark shall be manufactured, in accordance with quality standards established by the JCC, which quality standards shall be approved by Lexicon for consistency with the quality standards applied by Lexicon to its own products and the Parties shall reasonably cooperate to enable Lexicon to monitor ▇▇▇▇▇’▇ compliance with such quality standards. (d) Confusion with LX1033. To avoid any confusion or association with its other small molecule inhibitor TPH LX1033, if Lexicon continues to directly or indirectly, or through any Third Party, develop, commercialize, distribute or otherwise exploit LX1033, Lexicon agrees that: (i) it will not seek Marketing Authorization for LX1033 in the Licensed Territory under: (A) the Licensed Trademark, or (B) a tradename that is identical, similar to or is confusingly similar to the Licensed Trademark. (ii) Following the Effective Date, Lexicon will use reasonable efforts to have the EMA approve the invented name “Xermelo” to apply to the Licensed Product designated under the INN “telotristat etiprate”. (iii) Lexicon agrees to request an INN for LX1033 other than “telotristat” with the World Health Organization (“WHO”) and a new United States Adopted Name (“USAN”) for LX1033 with the United States Adopted Name Council (“USAN Council”). (e) The Parties shall cooperate with each other and use Diligent Efforts to protect the Licensed Trademark from infringement by Third Parties in the Licensed Territory. Without limiting the foregoing, each Party shall promptly notify the other Party of any known, threatened or suspected infringement, imitation or unauthorized use of or unfair competition relating to the Licensed Trademark in the Licensed Territory. Lexicon ATHX shall have the first right to determine in its discretion whether to and to what extent to instituteenforce the Trademark against infringements or other violations thereof, prosecute and/or defend any action or proceedings involving or affecting any rights relating to the Licensed Trademark. Upon Lexicon’s reasonable request, Ipsen shall cooperate with and assist Lexicon in any of Lexicon’s enforcement efforts with respect to the Licensed Trademark. Lexicon shall promptly inform Ipsen if Lexicon elects not to take action against any actual or suspected infringement of the Licensed Trademark in the Licensed Territory, in which case, Ipsen shall then have the right, but not the obligation, to bring or assume control of any such action against the allegedly infringing Third Party as Ipsen determines may be necessary, provided however, that Ipsen shall not enter into any settlement or compromise of any claim relating to the Licensed Trademark without the prior written consent of Lexicon. In the event that Ipsen brings or assumes control of any such action, then Lexicon agrees to reasonably assist Ipsen in connection therewith. In either case, the Party that initiated and prosecuted, or maintained the defense of the action shall bear responsible for all of the costs and expenses (including reasonable attorneys’ fees) fees incurred in connection with the action relation to such activity, and shall be entitled to recoup those amounts retain all awards or damages in connection with such activities. CHUGAI shall promptly notify ATHX of any known infringements or other violations of the Trademark in the event of recovery, by settlement or otherwise. The amount of any recovery remaining as to any such infringement in the Licensed Territory shall be shared equally by the PartiesTerritory. (f) The Parties6.4 Subject to the terms and conditions of this Agreement, including any future licensee of Lexicon in ATHX hereby grants to CHUGAI and its Affiliate an exclusive, non-transferable and non-assignable license, with the Lexicon Territoryright to sublicense with prior written notice to ATHX, to (i) use the extent reasonably feasible shall collaborate Trademark to have a globaldevelop, worldwide trademark to be used on the Licensed distribute, promote, market, offer for sale, sell, and import Product in the Licensed Field in the Territory and (ii) to affix the Trademark anywhere in the Lexicon world to the Product for the purpose of exercising the rights granted under the foregoing clause (i). 6.5 CHUGAI shall and shall cause its Affiliates and its and their respective sub-licensees to only distribute, promote, market, offer for sale, sell, and import Product in the Field in the Territory using the Trademark or to affix the Trademark anywhere in the world to the Product that is developed, distributed, promoted, marketed, sold, offered to be sold or imported in the Territory. Furthermore, upon and after notice by ATHX, CHUGAI shall refer to Product in its regulatory filings for the Field in the Territory using the Trademark. 6.6 All goodwill of the Trademark generated through use of it by CHUGAI, its Affiliate and its and their respective sublicensees will inure to the sole benefit of ATHX. CHUGAI shall not, and shall cause its Affiliate and their respective sublicensees not to (a) use, register or apply to register the Trademark, an variant of it, any ▇▇▇▇ including it or any variant of it, or any ▇▇▇▇ confusingly similar to the Trademark or (b) do or permit to be done any act that impairs, prejudices, dilutes or infringes ATHX’s rights in the Trademark. 6.7 CHUGAI shall and shall cause its Affiliates and its and their respective sub-licensees to only use the Trademark in the form approved by ATHX from time to time, provided that the approval shall not be unreasonably withheld. CHUGAI shall provide to ATHX samples of use of the Trademarks as reasonably requested by ATHX from time to time. CHUGAI, its Affiliate or their sublicensee(s) may seek the foregoing approval from ATHX, which approval shall not be unreasonably withheld or delayed, for use of the Trademark in combination with any ▇▇▇▇ indicating (i) CHUGAI, its Affiliate or their sublicensee, including, without limitation, corporate identity of CHUGAI, its Affiliate or their sublicensee or (ii) any brand controlled or owned by CHUGAI, its Affiliate or their sublicensee.

Trademark. (a) Lexicon filed an application for registration The appointment of Importer as the exclusive distributor of the name “Xermelo” Products in the Territory, pursuant to Section 2(a) above, shall include the exclusive permission granted by Brand Owner to Importer to use the Trademark, free from any additional payment in the Territory (but only in relation to the marketing, sales and promotion of the Products in the Territory), including, without limitation, in connection with the Office for Harmonization registration, development and maintenance of domain names, websites, social media accounts or other electronic marketing tools. Importer shall ensure that each reference to and use of the Trademark by Importer is in the Internal Market and such registration was a manner from time to time approved by the EMA on 25 April 2014Brand Owner. (b) Lexicon shall be responsible for securing and for maintaining at ▇▇▇▇▇’▇ expense The permission to use the Licensed Trademark in the Licensed Territory hereby granted shall not be capable of assignment by Importer and upon termination of this Agreement and all rights granted to Importer to use the Trademark shall use Diligent Efforts in that regard. In the event Lexicon is unable to obtain or maintain the Licensed Trademark in some country(ies) in the Licensed Territory, the Parties shall negotiate in good faith concerning the selection of such other trademarks (i.e., back-up names) as may be available for marketing the Licensed Product in those countriescease forthwith. (c) All rights granted hereunder to Ipsen with respect Importer acknowledges the title of Brand Owner to the Licensed Trademark shall be exercisedin the Territory and elsewhere and agrees not to tamper with it or do any act which might invalidate such title or the registration of the Trademark, and all Licensed Products bearing nor do any act which might support any application to remove the Licensed Trademark shall be manufactured, from the register nor assist any other person directly or indirectly in accordance with quality standards established by the JCC, which quality standards shall be approved by Lexicon for consistency with the quality standards applied by Lexicon to its own products and the Parties shall reasonably cooperate to enable Lexicon to monitor ▇▇▇▇▇’▇ compliance with any such quality standardsact. (d) Confusion with LX1033. To avoid any confusion or association with its other small molecule inhibitor TPH LX1033, if Lexicon continues The goodwill arising from the permitted use of the Trademark by the Importer shall accrue to directly or indirectly, or through any Third Party, develop, commercialize, distribute or otherwise exploit LX1033, Lexicon agrees that: (i) it will not seek Marketing Authorization for LX1033 in the Licensed Territory under: (A) the Licensed Trademark, or (B) a tradename that is identical, similar to or is confusingly similar to the Licensed Trademark. (ii) Following the Effective Date, Lexicon will use reasonable efforts to have the EMA approve the invented name “Xermelo” to apply to the Licensed Product designated under the INN “telotristat etiprate”. (iii) Lexicon agrees to request an INN for LX1033 other than “telotristat” with the World Health Organization (“WHO”) and a new United States Adopted Name (“USAN”) for LX1033 with the United States Adopted Name Council (“USAN Council”)Brand Owner. (e) The Parties shall cooperate with each Importer undertakes not to use in its business any other and use Diligent Efforts Trademark which is similar to, or substantially similar to, or so nearly resembles the Trademark as to protect cause deception or confusion. During the Licensed Trademark from infringement by Third Parties Term, Importer will not own a lemon-based cordial product in the Licensed Territory. Without limiting the foregoing. (f) Brand Owner shall make and maintain all necessary filings, each Party shall promptly notify the other Party of any known, threatened or suspected infringement, imitation or unauthorized use of or unfair competition relating to the Licensed Trademark in the Licensed Territory. Lexicon shall have the first right to determine in its discretion whether to registrations and to what extent to institute, prosecute and/or defend any action or proceedings involving or affecting any rights relating to the Licensed Trademark. Upon Lexicon’s reasonable request, Ipsen shall cooperate with and assist Lexicon in any of Lexicon’s enforcement efforts renewals with respect to the Licensed Trademark. Lexicon shall promptly inform Ipsen if Lexicon elects not Trademark within the Territory and use its commercially reasonable efforts to take action against any actual or suspected infringement defend the Trademark and related intellectual property rights for all of the Licensed Trademark in Products throughout the Licensed Territory, in which case, Ipsen shall then have the right, but not the obligation, to bring or assume control of any such action against the allegedly infringing Third Party as Ipsen determines may be necessary, provided however, that Ipsen shall not enter into any settlement or compromise of any claim relating to the Licensed Trademark without the prior written consent of Lexicon. In the event that Ipsen brings or assumes control Importer learns of any such action, then Lexicon agrees to reasonably assist Ipsen in connection therewith. In either case, infringement or threatened Trade Dress infringement of the Party that initiated and prosecutedTrademark, or maintained any common law passing-off by reason of imitations or otherwise, or that any third party alleges that the defense Trademark is liable to cause deception or confusion to the public, Importer shall forthwith notify Brand Owner giving particulars thereof and Importer will, at Brand Owner’s expense, provide all reasonable information and assistance to Brand Owner. Brand Owner shall use all commercially reasonable means to protect and defend the Trademark and prosecute any valid material claim of infringement with respect to the action shall bear all of Trademarks or similar rights pertaining to the costs and expenses (including reasonable attorneys’ fees) incurred in connection with Products. Subject to the action and immediately preceding sentences, any such proceedings shall be entitled to recoup those amounts in under the event control and expense of recovery, by settlement or otherwise. The amount of any recovery remaining as to any such infringement in the Licensed Territory shall be shared equally by the PartiesBrand Owner. (fg) The Partiescopyright in all brochures, including any future licensee of Lexicon in the Lexicon Territory, pamphlets and material supplied by Brand Owner to Importer and relating to the extent reasonably feasible Products shall collaborate be and shall remain the property of Brand Owner. Importer shall, upon termination of this Agreement, return such copyrighted materials to have a globalBrand Owner or dispose of as Brand Owner shall direct at the cost of Brand Owner, worldwide trademark to be used on the Licensed Product in the Licensed Territory all samples supplied by Brand Owner together with all such brochures and in the Lexicon Territorymaterials as aforesaid.

Trademark. (a) Lexicon filed an application 8.01 MediciNova shall, in its sole discretion, in its own name and at its own expense, select, register and own all right, title and interest in its own trademark to be used for registration of the name “Xermelo” with the Office for Harmonization Product in the Internal Market and such registration was approved by the EMA on 25 April 2014. (b) Lexicon shall be responsible for securing and for maintaining at ▇▇▇▇▇’▇ expense the Licensed Trademark in the Licensed MediciNova Territory and shall use Diligent Efforts in that regard. In the event Lexicon is unable to obtain or maintain the Licensed Trademark in some country(ies) in the Licensed Territory, the Parties shall negotiate in good faith concerning the selection of such other trademarks (i.e., back-up names) as may be available for marketing the Licensed Product in those countries. (c) All rights granted hereunder to Ipsen with respect to the Licensed Trademark shall be exercised, and all Licensed Products bearing the Licensed Trademark shall be manufactured, in accordance with quality standards established by the JCC, which quality standards shall be approved by Lexicon for consistency with the quality standards applied by Lexicon to its own products and the Parties shall reasonably cooperate to enable Lexicon to monitor ▇▇▇▇▇’▇ compliance with such quality standards. (d) Confusion with LX1033. To avoid any confusion or association with its other small molecule inhibitor TPH LX1033, if Lexicon continues to directly or indirectly, or through any Third Party, develop, commercialize, distribute or otherwise exploit LX1033, Lexicon agrees that: (i) it will not seek Marketing Authorization for LX1033 in the Licensed Territory under: (A) the Licensed Trademark, or (B) a tradename that is identical, similar to or is confusingly similar to the Licensed Trademark. (ii) Following the Effective Date, Lexicon will use reasonable efforts to have the EMA approve the invented name “Xermelo” to apply to the Licensed Product designated under the INN “telotristat etiprate”. (iii) Lexicon agrees to request an INN for LX1033 other than “telotristat” with the World Health Organization (“WHO”) and a new United States Adopted Name (“USAN”) for LX1033 with the United States Adopted Name Council (“USAN CouncilTrademark”). (e) The Parties shall cooperate with each other and use Diligent Efforts to protect the Licensed Trademark from infringement by Third Parties in the Licensed Territory. Without limiting the foregoing, each Party shall promptly notify the other Party of any known, threatened or suspected infringement, imitation or unauthorized use of or unfair competition relating to the Licensed Trademark in the Licensed Territory. Lexicon 8.02 Kissei shall have the first right to determine register the Trademark at Kissei’s expense and in its discretion whether to and to what extent to institute, prosecute and/or defend any action or proceedings involving or affecting any rights relating to Kissei’s name in the Licensed Trademark. Upon Lexicon’s reasonable request, Ipsen shall cooperate with and assist Lexicon in any of Lexicon’s enforcement efforts Kissei Territory solely for use with respect to the Licensed Trademark. Lexicon shall promptly inform Ipsen if Lexicon elects not to take action against any actual or suspected infringement of the Licensed Trademark Product in the Licensed Kissei Territory, in which case, Ipsen shall then have the right, but not the obligation, to bring or assume control of any such action against the allegedly infringing Third Party as Ipsen determines may be necessary, provided however, that Ipsen shall not enter into any settlement or compromise of any claim relating to the Licensed Trademark without the prior written consent of Lexicon. In the event that Ipsen brings the Trademark has been registered by MediciNova in the Kissei Territory, MediciNova shall assign and transfer such Trademark registrations in the Kissei Territory to Kissei free of charge upon Kissei’s request. 8.03 MediciNova shall be responsible for the clearance of the Trademark in the MediciNova Territory whereas Kissei shall be responsible for the clearance of the Trademark in the Kissei Territory. 8.04 MediciNova shall continue to be the owner of the Trademark in the MediciNova Territory after the expiration or assumes control termination of this Agreement. MediciNova shall have the right to maintain the registrations of the Trademark in the MediciNova Territory at its own expense. 8.05 Neither Party shall use or maintain the Trademark nor will either Party apply for the Trademark outside of its respective territory, except that MediciNova may apply to register the Trademark in the Kissei Territory subject to Section 8.02 above. Neither Party shall take action ** CERTAIN INFORMATION (INDICATED BY ASTERISKS) HAS BEEN OMITTED FROM THIS DOCUMENT PURSUANT TO A CONFIDENTIAL TREATMENT REQUEST. AN UNREDACTED VERSION OF THIS DOCUMENT HAS BEEN FILED WITH THE SECURITIES AND EXCHANGE COMMISSION. which could prejudice the validity, registration or reputation of the Trademark and the goodwill associated with the same. 8.06 The Parties undertake to inform each other promptly on any material opposition, infringement or threatened infringement of the Trademark in their respective territories, or challenge or threatened challenge to the validity of the Trademark or cancellation or threat thereof of any such action, then Lexicon agrees registration therefor coming to reasonably assist Ipsen in connection therewiththeir notice. In either casethe MediciNova Territory, MediciNova shall have the Party that initiated exclusive right to take action in respect of the registration, defence, infringement, and prosecutedmaintenance of the Trademark and Kissei shall provide all such assistance and co-operation, including but not limited to furnishing of documents and information and the execution of registered user documentation or the like as may be required to give effect to any action as may be taken, or maintained the defense of the action shall bear all of the costs and expenses (including reasonable attorneys’ fees) incurred in connection with the action and shall be entitled to recoup those amounts in the event of recovery, by settlement or otherwise. The amount of any recovery remaining as to any such infringement in the Licensed Territory shall be shared equally by the Parties. (f) The Parties, including any future licensee of Lexicon in the Lexicon Territory, to the extent reasonably feasible shall collaborate to have a global, worldwide trademark required to be used on the Licensed Product in the Licensed Territory taken by MediciNova, and in the Lexicon Kissei Territory it is Kissei that shall have the corresponding rights for the Trademark. Each Party must approve in writing any proposed settlement by the other Party if such proposed settlement involves allowing the co-existence of the Trademark with another m▇▇▇ in such Party’s respective Territory.