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• • <br /> EXHIBIT E <br /> TRADEMARK AND TRADEMARKS PLACEMENT POLICY <br /> POLICY <br /> A. Subject to the limitations set forth herein, Exploratorium grants a non-exclusive, revocable license <br /> to City during the term of this Agreement, to use Exploratorium's trade name (the"Name") and <br /> trademarks (the"Trademarks") (defined below) solely in connection with the Installation. <br /> B. The Name is The Exploratorium. <br /> C. The Trademarks are the mark EXPLORATORIUM and the Exploratorium logo ("Logo"). <br /> Exploratorium will provide City with the high-resolution artwork via email, or in a form suitable for <br /> City reproduction needs. In reproducing the Logo, City may only use the artwork provided by <br /> Exploratorium in the colors depicted. City may not alter the Logo in any manner, including <br /> proportions, color, elements, type or in any other respect. <br /> • <br /> D. The Trademarks will contain the TM or 0 symbol and that symbol should never be deleted.All uses <br /> of the Trademarks must include the following statement in a reasonably visible location: <br /> "Exploratorium and the Exploratorium logo are trademarks or registered trademarks of The <br /> Exploratorium." <br /> E. City may not use any name or trademark confusingly similar to the Name or the Trademarks. City <br /> may not use the Name or the Trademarks in such proximity to any of City's own trademarks or third <br /> party trademarks so as to create a combination or composite mark. <br /> F. City agrees that nothing herein shall give City any right,title or interest in the Name,the <br /> Trademarks or any other trademark of Exploratorium, except the right to use the Name and the <br /> Trademarks solely in accordance with the terms of this Agreement. City also agrees that the Name <br /> and the Trademarks are the sole property of Exploratorium and that any and all uses by City of the <br /> Name and the Trademarks and all goodwill derived therefrom, whether or not done pursuant to the <br /> written agreement, shall inure solely to the benefit of Exploratorium. <br /> G. City may not(1) do anything that might harm the reputation or goodwill of Exploratorium, the <br /> Name, or the Trademarks; (2)take any action inconsistent with Exploratorium's ownership of the <br /> Name or the Trademarks; or(3) attempt to register the Name or the Trademarks or any other <br /> Exploratorium trademark or any trademark or Trademarks substantially similar thereto. <br /> H. City must promptly notify Exploratorium in writing of any adverse use by a third party of the Name <br /> or the Trademarks or of a mark or name confusingly similar to the Name or the Trademarks and <br /> will take no action of any kind with respect thereto except with prior written authorization of <br /> Exploratorium. City will provide full cooperation with any legal or equitable action by Exploratorium <br /> to protect its right, title and interest in and to the Name and the Trademarks. <br /> Consulting Services Agreement between October 1,2015 <br /> City of San Leandro and Exploratorium—Exhibit E Page 1 of 3 <br />