Common use of Xenogen Marks Clause in Contracts

Xenogen Marks. For PMS colors and sizing information, or for high resolution versions of Xenogen marks for 4-color printing, please contact ▇▇▇▇▇ ▇▇▇▇▇▇▇▇, Manager of Creative Services, Xenogen Corporation, ▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇., ▇▇▇▇▇▇▇, ▇▇▇▇▇. Phone ▇▇▇.▇▇▇.▇▇▇▇, e-mail: ▇▇▇▇▇.▇▇▇▇▇▇▇▇@▇▇▇▇▇▇▇.▇▇▇ The following sets forth the range of Licensed Products that Distributor is entitled to resell and distribute, the Territory in which Distributor is entitled to resell and distribute those Licensed Products, the distributor discount that Xenogen will apply to its U.S. list price to result in the transfer price that Distributor will pay Xenogen for purchase of the Licensed Products for sale or distribution in the Territory; and the U.S. list price for such Licensed Products. • Instrumentation ▇▇▇▇™ 100 Series‡ $ 195,000 *** ▇▇▇▇™ 50 Series‡ $ 123,500 *** Work Station Complete XWC-360 $ 13,990 *** Living Image® Software‡ XLI-2.12 $ 499 *** Calibrated Light Source XLS-4 $ 975 *** Gas Anesthesia System XGI-8 $ 11,690 *** Anesthesia Manifold XAM-5 $ 346 *** Anesthesia Manifold Nose Cones (set of 5) XNC-2 $ 18 *** Manifold Dividers (set of 5) XMD-2 $ 8 *** Anesthesia Filter XAF-8 $ 24 *** System Cart XSC-1 $ 747 *** Work Station XWS-260 $ 2,951 *** Uninterruptible Power Supply (110V) XPS-110 $ 1,301 *** UPS external battery (110V) XEB-110 $ 798 *** Plate Positioner XPP-1 $ 349 *** Reflective Hemisphere XRH-2 $ 300 *** Black Paper XBP-24 $ 15 *** Animal Shield Kit XAS-3 $ 227 *** ▇▇▇▇™ Fluorescence Option (kit includes 1 pair of standard filters) XFO-6 $ 35,000 *** ‡ Indicates that either a Commercial or a Non-Commercial Imaging End-User Agreement is required (see Exhibits C-1 and C-2). *** Confidential treatment requested o Imaging Technology License Fee § Commercial Local Customer: *** of Xenogen’s net revenue from the license fee paid by the Commercial End User (see Exhibit C-1) to practice the Xenogen Imaging Technology. Xenogen’s minimum net revenue for each Imaging Technology license fee is *** per month for the first year of such license and *** per month thereafter. For purposes of this fee, “net revenue” means and refers to the amount payable to Xenogen after deduction of any applicable withholding taxes. § Non-Commercial Local Customer: Waived in consideration for stating the use of Xenogen Imaging Technology” and/or of ▇▇▇▇™ Imaging System (or named accessories)” in publications. • Biological Materials o Bioware™‡‡: *** for one (1) year evaluation fee (plus shipping). *** initial commercial access fee (plus shipping) for first year thereafter (or first year if no evaluation period entered into), with *** annual renewal fee per tumor cell line or bacterial strain. Execution of standard Xenogen material transfer form by Local Customer required. Creation of custom cell lines or bacterial strains to be addressed on a case-by-case basis.