Common use of By Intermolecular Clause in Contracts

By Intermolecular. Intermolecular represents and warrants that: (a) it has the right and authority to enter into this Agreement, and to fully perform its obligations hereunder; (b) this Agreement is a legal and valid obligation binding upon it and enforceable in accordance with its terms; (c) Intermolecular owns, or possesses a valid and enforceable license to use, and has full power and authority to license or sublicense, as the case may be, all Intermolecular’s Intellectual Property Rights licensed or sublicensed to Toshiba and SanDisk pursuant to this Agreement; (d) Intermolecular’s compliance with its obligations under this Agreement will not violate third party agreements nor give rise to financial obligations on the part of Toshiba, Toshiba Affiliates, SanDisk or SanDisk Affiliates under any Third Party agreements; and (e) it will perform the services contemplated by this Agreement in a professional and workmanlike manner and in accordance with relevant industry standards applicable to the services.