Exhibit 6.35
TRADEMARK ASSIGNMENT
This Agreement is made this 9th day of December, 1998 by and between H. Xxxxxx
Xxxxx, a citizen of Germany having his address at Xxxxxxxxxxx 0, 00000 Xxxxxxxx,
Xxxxxxx ("Assignor") and iQ Battery Research & Development GmbH, a German
corporation having offices at Xxxxxxxxxxxxx. 0, 0000 Xxxxxxxxxxxx, Xxxxxxx
("Assignee").
WHEREAS, Assignor is listed as owner of German Trademark Registration No.
2,061,981 for IQ and Design (the "Trademark");
WHEREAS, Assignor wishes for all rights and interest in such trademark
registration and trademark in Germany to be transferred to and owned by
Assignee;
NOW THEREFORE, for good and valuable consideration, the receipt of which is
hereby acknowledged, and intending for the Assignor and the Assignor's
successors and assigns, and Assignee and Assignee's successors and assigns to be
legally bound hereby, the parties hereby agree as follows:
1. Assignors hereby confirms the assignment of the Trademark as provided for
in the Contract Concerning industrial Property Rights and Know-How between
Assignor and Xxxxx X. Xxxxx and Assignee and dated March 15, 1995. To the extent
that such assignment may have been ineffective to transfer all rights, title and
interest in the Trademark from Assignor to Assignee, Assignor hereby assigns all
such rights, title and interest in the Trademark to Assignee.
2. Assignor hereby agrees to execute all documents, and do all things that may
be reasonably required by Assignee to fully and properly secure, protect and
perfect in Assignee its rights title and interest in the Patent Rights.
3. No course of dealing between Assignor and Assignee, nor any failure to
exercise any right, power or privilege hereunder shall operate as a waiver
thereof; nor shall any single or partial exercise of any right, power or
privilege hereunder or thereunder preclude any other or further exercise thereof
or the exercise of any other right, power or privilege.
4. The provisions of this Agreement are severable, and if any clause or
provision shall be held invalid or unenforceable in whole or in part in any
jurisdiction, then such invalidity or unenforceability shall affect only such
clause or provision, or part thereof, in such jurisdiction, and shall not in any
manner affect such clause or provision in any other jurisdiction, or any other
clause or provision of the Agreement in any jurisdiction.
5. This Agreement is subject to modification only by a writing signed by the
parties.
6. The benefits and burdens of the Agreement shall inure to the benefit of and
be binding upon the respective successors and assigns of the parties.
IN WITNESS WHEREOF, the Assignor and the duly authorized officers of
Assignee have executed this Agreement.
ASSIGNOR:
/s/ H. Xxxxxx Xxxxx
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H. Xxxxxx Xxxxx
ASSIGNEE:
iQ Battery Research & Development GmbH
/s/ Xxxxx X. Xxxxx
By: ------------------------------
Name: Xxxxx X. Xxxxx
Title: President
