its employees, consultants, Agents or other Third Parties who perform any portion of Conformis' R&D Program obligations under this Agreement have entered into written agreements with Conformis whereby such employee, consultant, Agent or other Third Party assigns to Conformis all ownership rights in any Inventions made or developed by such employee, consultant, Agent or Third Party in the course of such R&D Program work under this Agreement. (b) Stryker shall ensure that all its Affiliates and its or their employees, consultants, Agents or other Third Parties who perform any portion of Stryker's R&D Program obligations under this Agreement have entered into written agreements with Stryker whereby such employee, consultant, Agent or Third Party assigns to Stryker all ownership rights in any Inventions made or developed by such employee, consultant, Agent or Third Party in the course of such R&D Program work under this Agreement. 5.6 Tangible Property. (a) All tooling, patterns, dies, gauges, jobs, fixtures, and all specifications, drawings, samples, designs, software, firmware, programs, formulae, and other tangible items ("Equipment") furnished by Stryker to Conformis in connection with this Agreement: (i) shall only be used in the performance of the R&D Program; (ii) shall remain the property of Stryker; and (iii) shall be disposed of or returned in good repair, normal wear and tear excepted, by Conformis to Stryker at Stryker's direction and expense upon Stryker's request. Conformis assumes risk of loss and damage to said items while in its possession or under its control, subject to normal wear and 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