No Known Infringement. As of the Effective Date, to the best of University’s CoMotion office’s knowledge, (a) no claim has been made or is threatened charging University with infringement of, or claiming that the Licensed Rights infringe any Third Party rights; and (b) no proceedings have been instituted, or are pending or threatened, which challenge the University’s rights in respect to the Licensed Patents or other Licensed Rights.
No Known Infringement. As of the Effective Date, the Research Foundation has not received any notice of infringement of or conflict with any patent, trade secret, copyright, trademark or other intellectual property right of any other person with respect to the University Know-How.
No Known Infringement. Axcelis represents that to the best of its knowledge, the Licensed Technology is not the subject of any liens, encumbrances, interference proceedings, opposition proceedings, pending litigation, or other disputes. Other than warranties set forth herein, Axcelis makes no warranty, express or implied, including, without limitation, any implied warranty of merchantability or any implied warranty of fitness for a particular purpose with respect to any patent, trademark, software, trade secret, tangible research property, information or data licensed or otherwise provided to the Licensee hereunder and hereby disclaims the same.
No Known Infringement. As of the Effective Date, to the best of University’s CoMotion office’s knowledge, (a) no claim has been made or is threatened charging University or Xxxx Hutch with infringement of, or claiming that the Licensed Rights infringe any Third Party rights; and (b) no proceedings have been instituted, or are pending or threatened, which challenge the University’s or Xxxx Hutch’s rights in respect to the Licensed Patents or other Licensed Rights.
No Known Infringement. There is no pending or, to the knowledge of Licensor, threatened claim or litigation against Licensor (nor, to the knowledge of Licensor, does there exist any basis therefor) contesting Licensor’s ownership of the Marks.
No Known Infringement. SureBeam hereby represents and warrants that, to the best of SureBeam’s knowledge, the Patent Rights relate to technology and methods that may be practiced without infringing the Intellectual Property Rights (as defined in Exhibit A) of any third party. In addition, SureBeam represents and warrants that as of the date of this Agreement, the Licensed Software, Upgrades and each module or component thereof, do not and will not infringe or violate any third party’s Intellectual Property Rights or other rights.
No Known Infringement. As of the Effective Date, Gerut has not received any notice of infringement of or conflict with any patent, trade secret, copyright, trademark or other intellectual property right of any other person with respect to the Licensed Know-How.
No Known Infringement. As of the Effective Date, to the best of University’s CoMotion office’s knowledge, (a) no claim has been made or is threatened charging University, IRB or Utah with infringement of, or claiming that the Licensed Rights infringe any Third-Party rights; and (b) no proceedings have been instituted, or are pending or threatened, which challenge the University’s, IRB’s or Utah’s rights in respect to the Licensed Patents or other Licensed Rights.
No Known Infringement. To the best knowledge of Gravity,none of the Licensed Rights conflict with or infringe upon the rights of others. Gravity has not received any notice of violation or conflict with the rights of others with respect to the Licensed Property delivered to Dream Square by Gravity. There are no pending or, to Gravity’s knowledge, threatened actions, suits, proceedings or claims by others that allege that the Licensed Property delivered to Dream Square by Gravityinfringes upon any patent, trade secret, trade xxxx, service xxxx, copyright or other Intellectual Property Right or proprietary right.
No Known Infringement. Following diligent inquiry, including worldwide patent searches conducted by outside patent counsel, GTC is unaware of any infringement of the perfected and valid intellectual property rights of any third party, or any claim of such infringement by any third party, that would arise upon the immediate use of any gene construct or other material presently contemplated to be furnished by GTC to X. Xxxxx pursuant to this Agreement, or from the presently contemplated and proposed activities of GTC pursuant to this Agreement, including, without limitation, the production of Bulk rh[*] and its sale as part of the Product. The Parties acknowledge that the perfected and valid intellectual property rights of third parties relating to recombinant human [*] materially vary from country to country (for example, third party patent rights exist in some countries but not in others; and such patent rights will expire at different times in different countries). Therefore, GTC's representation and warranty to X. Xxxxx under this Subsection (d) is applicable as of the Effective Date only with respect to those countries in which perfected and valid third party intellectual property rights do not exist (for example, without limitation, in [*]). GTC will provide X. Xxxxx with a copy of the report from its outside patent counsel within fifteen (15) business days following the Effective Date, confirming GTC's warranty under this Subsection (d) with respect to patent rights of third parties. GTC further represents and warrants to X. Xxxxx that the relevant intellectual property rights of third parties which do exist as of the Effective Date should expire in time for X. Xxxxx to have broad marketing rights for the Product in the Territory, consistent with the commercialization schedule set forth in this Agreement.
