For the sake of clarity and with respect to this [[Section 4.10(d), TRIS]S]] 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 sakeProduct 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 claritya 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 respect to this [[Section 4.10(d), TRIS]S]] isApplicable Law, no other Trademark, other than the licensor as it pertains to TRIS Marks (including, without limitation,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”) and licensee, in the Territory, as it pertains towell as TRIS’ rights in the AYTU Non-Product Specific Trademarks duringdomain names www.tuzistraxr.com, www.tuzistraer.com, www.tuzistra.com, for the Term of this Agreement, in connection with the AYTU Product Trademarks. AYTU isMarketing and promotion of Products as contemplated in this Agreement. The ownership and all goodwill from 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 Termuse 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”) shall vest in and AYTU Marks, collectively.inure to the benefit of TRIS. TRIS reserves all rights not expressly granted herein.

As between AYTU and TRIS, AYTU hereby acknowledges the sakeexclusive ownership of clarityTRIS 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 [[Section 4.10(d), TRIS]S]] 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 TrademarksAgreement, at no time during or after the Term of this Agreement,Agreement to challenge or assist others to challenge the AYTU Product Trademarks.Marks or the registration thereof or attempt to register any Trademarks, trade names or logo confusingly similar to such AYTU is the licensee as it pertains to TRIS Marks (including,Marks, including without limitation, the name “Tuzistra” and any Trademarks utilizing “Tuzistra”) and is the licensor as it pertainsby adding to the Non-Product Specific Trademarks during the Term of this Agreement,or supplementing 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.with additional words or phrases.