WeightWatchers 2015 Annual Report Download - page 139

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4
must include all reasons for disapproval and the means to address them) shall be provided in writing as soon as
commercially practicable. All re-submissions shall likewise be addressed as soon as commercially practicable.
All Materials not approved in writin
g
shall be deemed disapproved.
2.1.6. For the avoidance of doubt, WW shall have the right to use and refer, without OW’s prior approval under this
Agreement, to any one or more of the Oprah Marks and the OW Image in connection with discharging any of
WW’s responsibilities for making any public disclosures, public or governmental filings, and otherwise to
comply with any law, rule, regulation or requirement applicable to WW, as WW deems reasonably necessary in
its public company reporting. Notwithstanding the foregoing, WW shall exercise all reasonable efforts to
consult in advance with OW with respect to the use of the Oprah Marks and the OW Image for such public
compan
y
reportin
g
, and to consider in
g
ood faith OW’s comments with respect thereto.
2.2 Collaboration and Consultin
g
Services.
2.2.1. OW and WW will collaborate with each other towards the mutual objective of advancing and promoting the
Weight Watchers Programs and WW, and in connection therewith, OW shall consult with WW and provide the
services described herein (including making appearances, as described below), and shall consult with WW and
participate in developing, planning, executing and enhancing the Weight Watchers Programs and related
initiatives. In connection therewith, OW (and her designated staff, which shall act on her behalf and subject to
all obligations of confidentiality with respect to the Confidential Information hereunder) shall consult and
participate in the design, creation, planning, execution of creative strategy, development of the Materials and
Advertising Channels, and the related execution of the consumer experience in connection with the Weight
Watchers Pro
g
rams.
2.2.2. In connection with such collaboration, OW shall participate in the development and execution of the 2016
Weight Watchers Program (including Materials); provided, however, that the Parties acknowledge that such
collaboration is already ongoing with respect to the 2016 Weight Watchers Program, which is intended to
launch in December 2015.
2.2.3. At OW’s request, the CEO of WW shall be available to make any in-
p
erson presentation and “top to botto
m
”
review and presentation of WW’s activities and results no less frequentl
y
than quarterl
y
in each annual period.
2.2.4. OW shall be a member of the Weight Watchers Programs and shall be available to make personal appearances
on behalf of WW, and participate in activities