tear. Conformis shall notify Stryker promptly whenever any items of Stryker's tangible property are in need of repair or replacement. Stryker shall endeavor to mark its property as property of Stryker for 14 Source: CONFORMIS INC, 10-Q, 11/1/2019 use only under this Agreement. Conformis waives any right it may have in law or equity to withhold Stryker's property. (b) All Equipment furnished by Conformis to Stryker in connection with this Agreement: (i) shall only be used in the performance of the R&D Program; (ii) shall remain the property of Conformis; and (iii) shall be disposed of or returned in good repair, normal wear and tear excepted, by Stryker to Conformis at Conformis' direction and expense upon Conformis' request. Stryker assumes risk of loss and damage to said items while in its possession or under its control, subject to normal wear and tear. Stryker shall notify Conformis promptly whenever any items of Conformis' tangible property are in need of repair or replacement. Conformis shall endeavor to mark its property as property of Conformis for use only under this Agreement. Stryker waives any right it may have in law or equity to withhold Conformis' property. 5.7 Trademarks. Nothing in this Agreement shall confer to any Party any rights, whether by way of ownership, license or right to use, in any of the Trademarks of any other Party. Conformis shall not use the Trademarks of Stryker without Stryker's prior written consent and Stryker shall not use the Trademarks of Conformis without Conformis' prior written consent. 5.8 Prosecution of Patent Rights. Stryker shall be solely responsible, in its sole discretion, for preparing, filing, prosecuting and maintaining Patents arising from all Improved Stryker Background IP. Stryker shall be solely responsible for costs and expenses of preparing, filing, prosecuting and maintaining any such Patents. Stryker shall