Common use of No Infringement Clause in Contracts

No Infringement. To the Knowledge of the Company, as of the date of this Agreement, none of the Company’s or its Subsidiaries’ products and services or the operation of any of their businesses infringes or misappropriates, or has since the Lookback Date infringed or misappropriated, the Intellectual Property of any third Person, except where such infringement or misappropriation would not have a Company Material Adverse Effect. Notwithstanding anything to the contrary in this Agreement, this Section 3.16(e) and Section 3.16(f) contain the only representations or warranties made by the Company with respect to infringement or misappropriation of Intellectual Property of any third Person.

No Infringement. To the Knowledge of the Company, (i) as of the date of this AgreementAgreement and since the Lookback Date, none of the Company’s or and its Subsidiaries’ products and services or the operation of any of their businesses infringes or misappropriates, or has since the Lookback Date have not infringed or misappropriated, misappropriated and do not infringe or misappropriate the Intellectual Property of any third Person, except where such infringement or misappropriation would not have a Company Material Adverse EffectEffect and (ii) no third Person has, since the Lookback Date, infringed or misappropriated any Company Intellectual Property. Notwithstanding anything to the contrary in this Agreement, this Section 3.16(e3.16(f) and Section 3.16(f3.16(g) contain contains the only representations or warranties made by the Company with respect to infringement or misappropriation of Intellectual Property of any third Person.

No Infringement. To the Knowledge of the Company, as of the date of this Agreement, none of the Company’s or its Subsidiaries’ products and services or the operation of any of their the businesses infringes of the Company or misappropriatesits Subsidiaries does not infringe or misappropriate, or has since the Lookback Date infringed or misappropriated, the Intellectual Property Rights of any third Person, except where such infringement or misappropriation would not have a Company Material Adverse Effect. Notwithstanding anything to the contrary in this Agreement, this Section 3.16(e) and Section 3.16(f) contain the only representations or warranties made by the Company with respect to infringement or misappropriation of Intellectual Property Rights of any third Person.

No Infringement. To the Knowledge of the Company, as of the date of this Agreement, none the operation of the business of the Company and any of its Subsidiaries, the Company’s or its Subsidiaries’ current products and services or and the operation of any of their businesses infringes or misappropriatesCompany Owned Intellectual Property does not infringe, misappropriate, or has since the Lookback Date infringed or misappropriated, otherwise violate the Intellectual Property of any third Person, except where such infringement infringement, misappropriation, or misappropriation violation would not have a Company Material Adverse Effect. Notwithstanding anything to the contrary in this Agreement, this Section 3.16(e4.15(e) and Section 3.16(f) contain contains the only representations representation or warranties warranty made by the Company with respect to infringement infringement, misappropriation, or misappropriation violation of Intellectual Property of any third Person.

No Infringement. To the Knowledge of the Company, as of the date of this Agreement, none of the Company’s current products do not infringe, misappropriate, dilute or its Subsidiaries’ products and services or the operation of any of their businesses infringes or misappropriates, or has since the Lookback Date infringed or misappropriated, otherwise violate the Intellectual Property of any third PersonPerson or constitute unfair competition or unfair trade practices pursuant to applicable Law, except where such infringement infringement, misappropriation, dilution, violation, competition or misappropriation practice would not have a Company Material Adverse Effect. Notwithstanding anything to the contrary in this Agreement, Section 4.16(h) and this Section 3.16(e4.16(g) and Section 3.16(f) contain contains the only representations or and warranties made by the Company with respect to infringement or misappropriation of Intellectual Property of any third Person.

No Infringement. To the Knowledge of the Company, as of the date of this AgreementFebruary 4, 2024, none of the Company’s or its Subsidiaries’ products and services or the operation of any of their businesses infringes or misappropriates, or has since the Lookback Date infringed or misappropriated, the Intellectual Property of any third Person, except where such infringement or misappropriation would not have a Company Material Adverse Effect. Notwithstanding anything to the contrary in the Original Agreement or this Agreement, this Section 3.16(e) and Section 3.16(f) contain the only representations or warranties made by the Company with respect to infringement or misappropriation of Intellectual Property of any third Person.