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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 />D. The Trademarks will contain the TM or ® 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 />