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I. City may use and apply the Name and the Trademarks only to the products and other materials <br />permitted by this Agreement only so long as the quality of those products and other materials meet <br />with Exploratorium's high standard of quality consistent with the level of quality reflected in <br />Exploratorium's own services and products. <br />COPYRIGHTS / USE OF EXHIBITS <br />A. It is understood by City that all intellectual property in the Exhibits and Graphics, including without <br />limitation, all undivided copyrights (and all renewals and extensions thereof), moral rights, patents, <br />design rights, trademarks, trade dress, and other proprietary rights throughout the universe in all <br />languages and in all media and forms of expression and communication now known or later <br />developed, are intended to remain property of Exploratorium. Notwithstanding the foregoing, the <br />ownership of the tangible property rights in the Exhibits shall belong to City, subject to the terms <br />and limitations set forth herein. <br />B. Exploratorium grants City a non-exclusive license to display the Exhibits and Graphics with the <br />Installation at the museum installation and as otherwise granted in this Agreement. No other use <br />of the Exhibits and the Graphics may be made without prior written consent of Exploratorium, <br />including without limitation making translations of the Exhibits and/or Graphics. <br />C. In the event of an infringement, the parties agree to execute all papers, testify on all matters, and <br />otherwise cooperate in every way necessary and desirable for the prosecution of any such dispute. <br />D: City shall have the right to create and use photographs or images of the Exhibits, in their setting for <br />publicity, educational materials, posters, postcards, and publications, only to the extent any of the <br />foregoing uses is related to the Installation. City may not make commercial use of such <br />photographs or images of the Exhibits, such as in commercial advertising, without the prior written <br />consent of Exploratorium. <br />E. Nothing in this Agreement restricts the right of Exploratorium or Artists to duplicate and sell the <br />Exhibits/Graphics, plans for the Exhibits/Graphics or written materials associated with the <br />Exhibits/Graphics included in the Installation. <br />F. City shall acknowledge that the Exhibits/Graphics are the creations of the Exploratorium in <br />publications, publicity materials, broadcasts and other literature associated with the <br />Exhibits/Graphics and on any graphics which are incorporated into the display of the Exhibits. The <br />following notice shall appear on the Exhibits and Graphics in the following form: <br />© (*) The Exploratorium <br />All Rights Reserved <br />Used Under Authorization <br />(*) indicate year of first publication <br />G. Exploratorium agrees to indemnify, defend, protect and hold harmless City and its officers, elected <br />officials, employees, agents and volunteers against damages, liability and costs suffered or <br />incurred by City as a result of any claims by any third party that the Exhibits/Graphics constitute an <br />infringement of any patent, trademark, design patent, copyright or other industrial property rights. <br />Consulting Services Agreement between October 1, 2015 <br />City of San Leandro and Exploratorium—Exhibit E Page 2 of 3 <br />