Common use of Technology and Intellectual Property Clause in Contracts

Technology and Intellectual Property. (a) Attached as Schedule 4.19 is a Schedule of Intellectual Property, which sets forth a complete and correct list of all (i) registered trademarks, service marks, copyrights and patents; (ii) applications for registration or grant of any of the foregoing; (iii) unregistered trademarks, service marks, trade names, logos and assumed names; and (iv) licenses for any of the foregoing, in each case, owned by First Community or the Wholly Owned Bank or used in or necessary to conduct First Community’s or the Wholly Owned Bank’s business as presently conducted. The items on Schedule 4.19, together with all trade secrets, customer lists, business application designs and inventions currently used in or necessary to conduct the business of First Community or the Wholly Owned Bank constitute the “First Community Intellectual Property.” (b) Except as set forth on Schedule 4.19, First Community or the Wholly Owned Bank, as applicable, has ownership of, or such other rights by license, lease or other agreement in and to, the First Community Intellectual Property as is necessary to permit each of First Community or the Wholly Owned Bank, as applicable, to use the First Community Intellectual Property in the conduct of its business as presently conducted. Neither First Community nor the Wholly Owned Bank has received notice (whether written or, to the knowledge of First Community, oral) alleging that First Community or the Wholly Owned Bank has infringed or violated any trademark, trade name, copyright, patent, trade secret right or other proprietary right of others, and to First Community’s knowledge, neither it nor the Wholly Owned Bank has committed any such violation or infringement. Other than as set forth on Schedule 4.19, to First Community’s knowledge, there is no reason to believe that, upon consummation of the transactions contemplated hereby, First Community or the Wholly Owned Bank will be in any way more restricted in its use of any of the First Community Intellectual Property than it was on the date hereof, or that use of such First Community Intellectual Property by First Community or the Wholly Owned Bank will, as a result of such consummation, violate or infringe the rights of any person, or subject First Community, the Wholly Owned Bank or the Minority Bank to liability of any kind, under any such contract. (c) The First Community IT Assets operate and perform in all material respects in accordance with their documentation and functional specifications and otherwise as required by First Community or the Wholly Owned Bank, as applicable, in connection with its business, and have not materially malfunctioned or failed within the past three years. “First Community IT Assets” means the computers, computer software, firmware, servers, workstations, routers, hubs, switches, data communications lines and all other information technology equipment, and all associated documentation, owned or leased by First Community or the Wholly Owned Bank. To the knowledge of First Community, the First Community IT Assets do not contain any worms, viruses, bugs, faults or other devices or effects that (i) enable or assist any person or entity to access without authorization the First Community IT Assets, or (ii) otherwise significantly adversely affect the functionality of the IT Assets, except as disclosed in its documentation. To the knowledge of First Community, no person or entity has gained unauthorized access to the First Community IT Assets. Each of First Community and the Wholly Owned Bank has implemented reasonable back-up and disaster recovery technology consistent with industry practices. To the knowledge of First Community, none of the First Community IT Assets contains any shareware, open source code, or other software the use of which requires disclosure or licensing of any intellectual property.

Technology and Intellectual Property. (a) Attached as Schedule 4.19 3.21 is a Schedule of Minority Bank Intellectual Property, which sets forth a complete and correct list of all (i) registered trademarks, service marks, copyrights and patents; (ii) applications for registration or grant of any of the foregoing; (iii) unregistered trademarks, service marks, trade names, logos and assumed names; and (iv) licenses for any of the foregoing, in each case, owned by First Community or the Wholly Owned Minority Bank or used in or necessary to conduct First Community’s or the Wholly Owned Minority Bank’s business as presently conducted. The items on Schedule 4.193.21, together with all trade secrets, customer lists, business application designs and inventions currently used in or necessary to conduct the business of First Community or the Wholly Owned Minority Bank constitute the “First Community Minority Bank Intellectual Property.” (b) Except as set forth on Schedule 4.193.21, First Community or the Wholly Owned Bank, as applicable, Minority Bank has ownership of, or such other rights by license, lease or other agreement in and to, the First Community Minority Bank Intellectual Property as is necessary to permit each of First Community or the Wholly Owned Bank, as applicable, Minority Bank to use the First Community Minority Bank Intellectual Property in the conduct of its business as presently conducted. Neither First Community nor the Wholly Owned The Minority Bank has not received notice (whether written or, to the knowledge of First Communitythe Minority Bank, oral) alleging that First Community or the Wholly Owned Minority Bank has infringed or violated any trademark, trade name, copyright, patent, trade secret right or other proprietary right of others, and to First Communitythe Minority Bank’s knowledge, neither it nor the Wholly Owned Bank has not committed any such violation or infringement. Other than as set forth on Schedule 4.193.21, to First Communitythe Minority Bank’s knowledge, there is no reason to believe that, upon consummation of the transactions contemplated hereby, First Community or the Wholly Owned Minority Bank will be in any way more restricted in its use of any of the First Community Minority Bank Intellectual Property than it was on the date hereofhereof under any contract to which the Minority Bank is a party or by which it is bound, or that use of such First Community Minority Bank Intellectual Property by First Community or the Wholly Owned Minority Bank will, as a result of such consummation, violate or infringe the rights of any person, or subject First Community, the Wholly Owned Bank or the Minority Bank to liability of any kind, under any such contract. (c) The First Community Minority Bank IT Assets operate and perform in all material respects in accordance with their documentation and functional specifications and otherwise as required by First Community or the Wholly Owned Bank, as applicable, Minority Bank in connection with its business, and have not materially malfunctioned or failed within the past three years. “First Community Minority Bank IT Assets” means the computers, computer software, firmware, servers, workstations, routers, hubs, switches, data communications lines and all other information technology equipment, and all associated documentation, owned or leased by First Community or the Wholly Owned Minority Bank. To the knowledge of First Communitythe Minority Bank, the First Community Minority Bank IT Assets do not contain any worms, viruses, bugs, faults or other devices or effects that (i) enable or assist any person or entity to access without authorization the First Community Minority Bank IT Assets, or (ii) otherwise significantly adversely affect the functionality of the Minority Bank IT Assets, except as disclosed in its documentation. To the knowledge of First Communitythe Minority Bank, no person or entity has gained unauthorized access to the First Community Minority Bank IT Assets. Each of First Community and the Wholly Owned The Minority Bank has implemented reasonable back-up and disaster recovery technology consistent with industry practices. To the knowledge of First Communitythe Minority Bank, none of the First Community Minority Bank IT Assets contains any shareware, open source code, or other software the use of which requires disclosure or licensing of any intellectual property.

Technology and Intellectual Property. (a) Attached as Schedule 4.19 3.21 is a Schedule of Minority Bank Intellectual Property, which sets forth a complete and correct list of all (i) registered trademarks, service marks, copyrights and patents; (ii) applications for registration or grant of any of the foregoing; (iii) unregistered trademarks, service marks, trade names, logos and assumed names; and (iv) licenses for any of the foregoing, in each case, owned by First Community or the Wholly Owned Minority Bank or used in or necessary to conduct First Community’s or the Wholly Owned Minority Bank’s business as presently conducted. The items on Schedule 4.193.21, together with all trade secrets, customer lists, business application designs and inventions currently used in or necessary to conduct the business of First Community or the Wholly Owned Minority Bank constitute the “First Community Minority Bank Intellectual Property.” (b) Except as set forth on Schedule 4.193.21, First Community or the Wholly Owned Bank, as applicable, Minority Bank has ownership of, or such other rights by license, lease or other agreement in and to, the First Community Minority Bank Intellectual Property as is necessary to permit each of First Community or the Wholly Owned Bank, as applicable, Minority Bank to use the First Community Minority Bank Intellectual Property in the conduct of its business as presently conducted. Neither First Community nor the Wholly Owned The Minority Bank has not received notice (whether written or, to the knowledge of First Communitythe Minority Bank, oral) alleging that First Community or the Wholly Owned Minority Bank has infringed or violated any trademark, trade name, copyright, patent, trade secret right or other proprietary right of others, and to First Communitythe Minority Bank’s knowledge, neither it nor the Wholly Owned Bank has not committed any such violation or infringement. Other than as set forth on Schedule 4.193.21, to First Communitythe Minority Bank’s knowledge, there is no reason to believe that, upon consummation of the transactions contemplated hereby, First Community or the Wholly Owned Minority Bank will be in any way more restricted in its use of any of the First Community Minority Bank Intellectual Property than it was on the date hereofhereof under any contract to which the Minority Bank is a party or by which it is bound, or that use of such First Community Minority Bank Intellectual Property by First Community or the Wholly Owned Minority Bank will, as a result of such consummation, violate or infringe the rights of any person, or subject First Community, the Wholly Owned Bank Community or the Minority Bank to liability of any kind, under any such contract. (c) The First Community Minority Bank IT Assets operate and perform in all material respects in accordance with their documentation and functional specifications and otherwise as required by First Community or the Wholly Owned Bank, as applicable, Minority Bank in connection with its business, and have not materially malfunctioned or failed within the past three years. “First Community Minority Bank IT Assets” means the computers, computer software, firmware, servers, workstations, routers, hubs, switches, data communications lines and all other information technology equipment, and all associated documentation, owned or leased by First Community or the Wholly Owned Minority Bank. To the knowledge of First Communitythe Minority Bank, the First Community Minority Bank IT Assets do not contain any worms, viruses, bugs, faults or other devices or effects that (i) enable or assist any person or entity to access without authorization the First Community Minority Bank IT Assets, or (ii) otherwise significantly adversely affect the functionality of the Minority Bank IT Assets, except as disclosed in its documentation. To the knowledge of First Communitythe Minority Bank, no person or entity has gained unauthorized access to the First Community Minority Bank IT Assets. Each of First Community and the Wholly Owned The Minority Bank has implemented reasonable back-up and disaster recovery technology consistent with industry practices. To the knowledge of First Communitythe Minority Bank, none of the First Community Minority Bank IT Assets contains any shareware, open source code, or other software the use of which requires disclosure or licensing of any intellectual property.