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<br />203193300.19 -30- <br /> <br />10.3 Subject to the limitations, terms and conditions as may be imposed by the Sponsor in the <br />Sponsor’s discretion to the extent the Operator Property incorporates any Sponsor Property, including, <br />without limitation, the Sponsor’s consent, Operator hereby grants to MTC and the Participating Cities and <br />their respective business partners and sublicensees a non-exclusive, royalty-free license to use any <br />trademarks, logos, servicemarks, and other similar intellectual property developed by Operator <br />(individually and/or collectively the “Operator Property”) required in connection with marketing and <br />promoting the Program during the Term. <br />10.4 MTC hereby grants to Operator the exclusive right to use during the Term the name “Bay <br />Area Bike Share” and variations thereof (individually and/or collectively “Bay Area Bike Share”). As <br />part of Operator’s exclusive right to use “Bay Area Bike Share”, Operator shall have the right to <br />sublicense the use of “Bay Area Bike Share” to the Sponsor or any other Person to market or promote the <br />Program. Such rights shall terminate upon expiration or termination of this Agreement, but subject to the <br />rights of the Recognized Lender. <br />10.5 Notwithstanding the foregoing Sections, the Recognized Lender shall not be precluded <br />from collateralizing any intellectual property of Operator. <br /> <br /> <br />RESERVED <br />11.1 [INTENTIONALLY OMITTED] <br />11.2 [INTENTIONALLY OMITTED] <br />11.3 [INTENTIONALLY OMITTED] <br /> <br /> <br /> <br />RESERVED <br />12.1 [INTENTIONALLY OMITTED] <br />12.2 [INTENTIONALLY OMITTED] <br />12.3 [INTENTIONALLY OMITTED] <br /> <br /> <br />MARKETING <br />13.1 Operator shall create a marketing plan for the Program, subject to approval by MTC, which <br />approval will not be withheld so long as the plan is not in bad taste, offensive, obscene or derogatory to <br />MTC or any Participating City. Following such approval, Operator shall market the Program in <br />accordance with such plan. The marketing budget and the allocation of such budget shall be determined <br />by Operator, in its sole discretion. The marketing plan shall include, at a minimum, demonstrations,