Common use of Trademarks and Patent Marking Clause in Contracts

Trademarks and Patent Marking. To the extent permitted by applicable law and regulations, Ampliphi shall ensure that the packaging, promotional materials, and labeling for Ampliphi Products, as appropriate, shall carry the applicable Intrexon Trademark(s), subject to Ampliphi’s reasonable approval of the size, position, and location thereof. Consistent with the U.S. patent laws, Ampliphi shall ensure that Ampliphi Products, or their respective packaging or accompanying literature as appropriate, bear applicable and appropriate patent markings for Intrexon Patent numbers. Ampliphi shall provide Intrexon with copies of any materials containing the Intrexon Trademarks or patent markings prior to using or disseminating such materials, in order to obtain Intrexon’s approval thereof. Ampliphi’s use of the Intrexon Trademarks and patent markings shall be subject to prior review and approval of the IPC. Ampliphi acknowledges Intrexon’s sole ownership of the Intrexon Trademarks and agrees not to take any action inconsistent with such ownership. Ampliphi covenants that it shall not use any trademark confusingly similar to any Intrexon Trademarks in connection with any products (including any Ampliphi Product). From time to time during the Term, Intrexon shall have the right to obtain from Ampliphi samples of Ampliphi Product sold by Ampliphi or its Affiliates or sublicensees, or other items which reflect public uses of the Intrexon Trademarks or patent markings, for the purpose of inspecting the quality of such Ampliphi Products, the use of the Intrexon Trademarks, or the accuracy of the patent markings. In the event that Intrexon inspects under this Section 4.9, Intrexon shall notify the result of such inspection to Ampliphi in writing thereafter. Ampliphi shall comply with reasonable policies provided by Intrexon from time-to-time to maintain the goodwill and value of the Intrexon Trademarks.

Trademarks and Patent Marking. To the extent permitted by applicable law and regulations, Ampliphi Synthetic shall, and shall ensure that the packaging, promotional materials, and labeling for Ampliphi ProductsSynthetic Products shall carry, as appropriatein a conspicuous location, shall carry the applicable Intrexon Trademark(s), subject to AmpliphiSynthetic’s reasonable approval of the size, position, and location thereof. Consistent with the U.S. patent laws, Ampliphi Synthetic shall ensure that Ampliphi Synthetic Products, or their respective its packaging or accompanying literature as appropriate, bear applicable and appropriate patent Portions herein identified by [*****] have been omitted pursuant to a request for confidential treatment under Rule 24b-2 of the Securities Exchange Act of 1934, as amended. A complete copy of this document has been filed separately with the Securities and Exchange Commission. markings for Intrexon Patent numbers. Ampliphi Synthetic shall provide Intrexon with copies of any materials containing the Intrexon Trademarks or patent markings prior to using or disseminating such materials, in order to obtain Intrexon’s approval thereof. AmpliphiSynthetic’s use of the Intrexon Trademarks and patent markings shall be subject to prior review and approval of the IPC. Ampliphi Synthetic acknowledges Intrexon’s sole ownership of the Intrexon Trademarks and agrees not to take any action inconsistent with such ownership. Ampliphi Synthetic covenants that it shall not use any trademark confusingly similar to any Intrexon Trademarks in connection with any products (including any Ampliphi Synthetic Product). From time to time during the Term, Intrexon shall have the right to obtain from Ampliphi Synthetic samples of Ampliphi Synthetic Product sold by Ampliphi Synthetic or its Affiliates or sublicensees, or other items which reflect public uses of the Intrexon Trademarks or patent markings, for the purpose of inspecting the quality of such Ampliphi Synthetic Products, the use of the Intrexon Trademarks, or the accuracy of the patent markings. In the event that Intrexon inspects under this Section 4.9, Intrexon shall notify the result of such inspection to Ampliphi Synthetic in writing thereafter. Ampliphi Synthetic shall comply with reasonable policies provided by Intrexon from time-to-time to maintain the goodwill and value of the Intrexon Trademarks.

Trademarks and Patent Marking. To the extent permitted by applicable law and regulations, Ampliphi shall ensure that the packaging, promotional materials, and labeling for Ampliphi Products, as appropriate, shall carry the applicable Intrexon Trademark(s), subject to Ampliphi’s reasonable approval of the size, position, and location thereof. Consistent with the U.S. patent laws, Ampliphi shall ensure that Ampliphi Products, or their respective packaging or accompanying literature as appropriate, bear applicable and appropriate patent markings for Intrexon Patent numbers. Ampliphi shall provide Intrexon with copies of any materials containing the Intrexon Trademarks or patent markings prior to using or disseminating such materials, in order to obtain Intrexon’s approval thereof. Ampliphi’s use of the Intrexon Trademarks and patent markings shall be subject to prior review and approval of the IPC. Ampliphi acknowledges Intrexon’s sole ownership of the Intrexon Trademarks and agrees not to take any action inconsistent with such ownership. Ampliphi covenants that it shall not use any trademark confusingly similar to any Intrexon Trademarks in connection with any products (including any Ampliphi Product). From time to time during the Term, Intrexon shall have the right to obtain from Ampliphi samples of Ampliphi Product sold by Ampliphi or its Affiliates or sublicensees, or other items which reflect public uses of the Intrexon Trademarks or patent markings, for the purpose of inspecting the quality of such Ampliphi Products, the use of the Intrexon Trademarks, or the accuracy of the patent markings. In the event that Intrexon inspects under this Section 4.9, Intrexon shall notify the result of such inspection to Ampliphi in writing thereafter. Ampliphi shall comply with reasonable policies provided by Intrexon from time-to-time to maintain the goodwill and value of the Intrexon Trademarks. Portions herein identified by [*****] have been omitted pursuant to a request for confidential treatment under Rule 24b-2 of the Securities Exchange Act of 1934, as amended. A complete copy of this document has been filed separately with the Securities and Exchange Commission.