Assignor Warranties. The Assignor warrants and represents to, and covenants with, the Assignee that:
Assignor Warranties. Assignor represents and warrants to the Company ------------------- that Assignor is the sole owner, inventor and/or author of, and that Assignor owns, and can grant exclusive right, title and interest in and to, each of the Assigned Assets and that none of the Assigned Assets are subject to any dispute, claim, prior license or other agreement, assignment, lien or rights of any third party, or any other rights that might interfere with the Company's use, or exercise of ownership of, any Assigned Assets. Assignor further represents and warrants to the Company that the Assigned Assets are free of any claim of any prior employer of Assignor or any school, university or other institution Assignor attended, and that Assignor is not aware of any claims by any third party to any rights of any kind in or to any of the Assigned Assets.
Assignor Warranties. Assignor represents and warrants as follows:
Assignor Warranties. Each Assignor represents and warrants to the Company that, except only for the interest of the other Assignor, such Assignor is the sole owner, inventor and/or author of, and that such Assignor owns, and can grant exclusive right, title and interest in and to, each of the Assigned Assets without the consent of any other party, and that none of the Assigned Assets is currently subject to any dispute, claim, prior license or other agreement, assignment, lien or rights of any third party, or any other rights that might interfere with the Company's use, or exercise of ownership of, any Assigned Assets. Each Assignor further represents and warrants to the Company that the Assigned Assets are free of any claim of any prior employer of such Assignor or any school, university or other institution such Assignor attended, and that such Assignor is not aware of any claims by any third party to any rights of any kind in or to any of the Assigned Assets other than the claims of the other Assignor.
Assignor Warranties. Assignor represents and warrants that: (a) the Deliverables, including without limitation, Assignor’s contributions to the Software, are original developments of Assignor and do not infringe upon or violate any third party’s legal or contractual rights, including any copyrights, trade secrets, trademarks or other intellectual property rights, or rights of privacy or publicity; (b) the Deliverables do not contain any libel or slander upon any person or entity; (c) the Software contains no “open source” or similarly licensed code other than that listed on Schedule A attached hereto; (d) to the extent the Deliverables consist of any computer code, as delivered by Assignor, the Deliverables do not contain any viruses, Trojan horses, worms, time-bombs, or other malicious or injurious code of any nature; and (e) as delivered by Assignor, TigerLogic has good and marketable title to each Deliverable, free and clear of all liens and encumbrances. In the event of a breach of the foregoing representations and warranties by Assignor, Assignor shall, at TigerLogic’s sole discretion, repair or replace the defective or infringing Deliverables; provided that if the foregoing remedy is impractical, Assignor shall provide a full refund of all amounts paid by TigerLogic to Assignor under this Agreement, in addition to any other rights and remedies that may remain available to TigerLogic.
Assignor Warranties. Assignor hereby warrants and agrees as follows, to-wit:
Assignor Warranties. Assignor warrants to Assignee that (a) Assignor is the sole owner of the entire lessor's interest in the Leases; (b) the Leases are valid, enforceable and in full force and effect and have not been altered, modified or amended in any manner whatsoever except as disclosed to Assignee; (c) neither the Leases nor the Rents reserved in the Leases have been assigned or otherwise pledged or hypothecated; (d) none of the Rents have been collected for more than one (1) month in advance; (e) Assignor has full power and authority to execute and deliver this Assignment and the execution and delivery of this Assignment has been duly authorized and does not conflict with or constitute a default under any law, judicial order or other agreement affecting Assignor or the Mortgaged Property; (f) except as otherwise disclosed to Lender by delivery of Leases, estoppels, the rent roll or other written disclosure, the premises demised under the Leases have been completed and Lessees under the Leases have accepted the same and have taken possession of the same on a rent paying basis; (g) there exist no offsets or defenses to the payment of any portion of the Rents; (h) no Lease contains any option to purchase, or right of first refusal to lease or purchase, the Mortgaged Property, other than Starbucks, which right of first refusal applies solely to a sale of the parcel it occupies; and (i) to Borrower's knowledge, no party under any Lease is in default.
Assignor Warranties. (a) Vienna represents and warrants that:
