As between AYTU and TRIS, AYTU hereby acknowledges the exclusive ownership of TRIS of the TRIS Marks furnished by TRIS (or its Affiliates) for use in connection with the Products. AYTU shall not, during the Term or thereafter, register, use, or attempt to obtain any right in and to any TRIS Marks or in and to any name, logo or trademark confusingly similar thereto, including, without limitation, by adding to or supplementing the TRIS Marks with additional words or phrases. As between AYTU and TRIS, TRIS hereby acknowledges AYTU’s exclusive ownership rights in the AYTU Marks, and accordingly agrees that, subject to Section 4.10(b) and Section 9.3(a)(ix) solely with respect to an AYTU Product Trademark upon termination of this Agreement, at no time during or after the Term of this Agreement to challenge or assist others to challenge the AYTU Marks or the registration thereof or attempt to register any Trademarks, trade names or logo confusingly similar to such AYTU Marks, including without limitation, by adding to or supplementing the AYTU Marks with additional words or phrases.

Upon termination of this Agreement, if and to the extent that AYTU owns a Product-specific Trademark under or pursuant to which a Product, and not any other product, is being Marketed at the time of such termination (an “AYTU Product Trademark”), AYTU shall promptly assign to TRIS ownership of such AYTU Product Trademark. Upon termination of this Agreement with respect to either Product, AYTU shall, and hereby does, grant to TRIS, and shall cause its Subsidiaries to grant to TRIS, a non-exclusive, royalty-free, non-transferable, non- sublicensable license to use the applicable Trademarks of AYTU (collectively, the “AYTU Non- Product Specific Trademarks”) used with respect to such Products that are not Product- specific, solely to the extent included on the packaging for such Product in order that TRIS can sell any inventory of such Product in TRIS’ possession at the time of such termination, but in no event for a period longer than six (6) months after the expiry of the stated shelf life of any such remaining inventory of Product.

With respect to any and all claims instituted by Third Parties against TRIS or AYTU or any of their respective Affiliates for Trademark infringement involving the Marketing of the Product TRIS shall be solely responsible for, and indemnify AYTU against, any and all Losses arising out of or resulting from the use of the TRIS Marks and AYTU shall be solely responsible for, and indemnify TRIS and its Affiliates against, any and all Losses arising out of or resulting from the use of any other Trademark. If any claim is made against AYTU in connection with the use of the TRIS Marks, AYTU may cease using the TRIS Marks until such claim is favorably resolved.

For the sake of clarity and with respect to this [Section 4.10(d), TRIS] is the licensor as it pertains to TRIS Marks (including, without limitation, the name “Tuzistra” and any Trademarks utilizing “Tuzistra”) and licensee as it pertains to the AYTU Non-Product Specific Trademarks during the Term of this Agreement, the AYTU Product Trademarks. AYTU is the licensee as it pertains to TRIS Marks (including, without limitation, the name “Tuzistra” and any Trademarks utilizing “Tuzistra”) and is the licensor as it pertains to the Non-Product Specific Trademarks during the Term of this Agreement, the AYTU Product Trademarks. Each of AYTU and TRIS are therefore “Licensor” and “Licensee,” as applicable. For the purposes of this Section 4.10(d), “Licensed Trademarks” shall mean the TRIS Marks (including, without limitation, the name “Tuzistra” and any Trademarks utilizing “Tuzistra”) and AYTU Marks, collectively.

AYTU, either itself or through a Subsidiary of AYTU, may Market the Product throughout the Territory under a Trademark or Trademarks selected by AYTU (collectively, the “AYTU Marks”); provided, however, that notwithstanding the foregoing or anything else to the contrary contained in this Agreement, it is understood and agreed that, subject to Applicable Law, the Products will be Marketed in the Territory utilizing the TRIS Mark “Tuzistra” that is referred to below or such variation thereof or other Trademark owned by TRIS that is reflected as the name of a Product in the applicable Product NDA as finally approved by the FDA, and that without TRIS’ prior written consent (which may be withheld or conditioned in its sole discretion) and compliance with Applicable Law, no other Trademark, other than the TRIS Marks shall be utilized in Marketing the Product other than AYTU Trademarks consisting of the corporate name and logo of AYTU and its Subsidiaries which, subject to Applicable Law, may be used in Packaging and promotional and advertising materials for the Product which also contain the TRIS Mark, “Tuzistra,” (or such other TRIS Mark reflected as the name of a Product in the applicable Product NDA ultimately approved by the FDA) and the other TRIS Marks requested to be included by TRIS in accordance with the third sentence of this Section 4.10. Except as otherwise expressly provided in this Agreement, AYTU shall own all right, title and interest in and to such AYTU Marks. Subject to Applicable Law and Section 7.4, all Labeling, Packaging, and promotional and advertising materials for a Product shall, at the request of TRIS, contain the TRIS trade name identifying TRIS as manufacturer of the Products and TRIS’ LiquiXR logo (collectively, together with the name “Tuzistra” and any variation thereof or other Trademark owned by TRIS that is reflected as the name of the Product in the NDA as finally approved by the FDA, the “TRIS Marks”). Except as otherwise expressly provided in this Agreement, TRIS shall own all rights, title and interest in and to all such TRIS Marks. For the avoidance of doubt, TRIS Marks are not AYTU Marks. In connection with this Section 4.10: TRIS hereby grants to AYTU a non-exclusive, royalty-free license to use the TRIS Marks and the name “Tuzistra” as well as any Trademarks utilizing “Tuzistra”, in the Territory, as well as TRIS’ rights in the domain names www.tuzistraxr.com, www.tuzistraer.com, www.tuzistra.com, for the Term of this Agreement, in connection with the Marketing and promotion of Products as contemplated in this Agreement. The ownership and all goodwill from the use of the TRIS Marks (including, without limitation, “Tuzistra”) shall vest in and inure to the benefit of TRIS. TRIS reserves all rights not expressly granted herein.