Common use of LIABILTY Clause in Contracts

LIABILTY. (a) MERCK assumes no responsibility, nor liability, for the nature, conduct or results of any research, testing or other work performed by MULTIVIR hereunder. (b) MULTIVIR UNDERSTANDS THAT THE TECHNOLOGY IS SUPPLIED “AS IS” AND IS PROVIDED WITHOUT WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR ANY OTHER WARRANTY, EXPRESS OR IMPLIED INCLUIDING THAT THE USE OF THE TECHNOLOGY OR EVALUATION RESULTS WILL NOT INFRINGE ANY PATENT OF OTHER PROPRIETARY RIGHT OF ANY THIRD PARTY. MERCK WILL NOT BE LIABLE TO MULTIVIR FOR ANY LOSS, CLAIM, OR DEMAND MADE BY MULTIVIR OR MADE AGAINST MULTIVIR BY ANY THIRD PARTY DUE TO USE OF THE TECHNOLOGY OR EVALUATION RESULTS. MULTIVIR ACKNOWLEDGES THAT THE TECHNOLOGY IS EXPERIMENTAL IN NATURE AND MAY HAVE UNKNOWN HAZARDOUS CHARACTERISTICS, THAT IT IS AWARE OF THE RISKS OF WORKING WITH EXPERIMENTAL MATERIALS AND THAT IT WILL STRICTLY ADHERE TO PROPER LABORATORY PROCEDURES FOR HANDLING BIOLOGICAL SUBSTANCES WITH UNKNOWN HAZARDS. THE TECHNOLOGY WILL NOT BE USED IN HUMANS. (c) MERCK UNDERSTANDS THAT THE EVALUATION RESULTS ARE SUPPLIED WITHOUT WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR ANY OTHER WARRANTY, EXPRESS OR IMPLIED.