Patent Warranty. The Contractor/Supplier warrants to the University that the Goods furnished hereunder and the use thereof, do not infringe any patent rights, copyrights, trademark rights or other intellectual or industrial property rights, that the Contractor/Supplier will defend at its own expense any suit that may arise in respect thereof, and that the Contractor/Supplier will indemnify and save harmless the University from all costs, damages, expenses and claims of any nature relating thereto.
Patent Warranty. To the best knowledge of the officers of SP (i) none of the Drug Candidates for HBV infringe patents of third parties on the Transfer Date unless written notice is otherwise provided to BIOCHEM by SP prior to the Transfer Date and (ii) none of the Dimerescent Compounds infringe patents of third parties on the date of execution of the option unless written notice is otherwise provided to BIOCHEM prior to execution of the options.
Patent Warranty. Chrysalis warrants (i) that it owns or holds comprehensive license rights to all of the Patents and to the Chrysalis Technology, (ii) that it has the power to enter into this Agreement with respect to the Patents and Chrysalis Technology, (iii) that no other party is or shall be entitled to use technology licensed exclusively to OrthoLogic hereunder by virtue of invention or funding claims or otherwise for the Orthopedic Applications granted to OrthoLogic, except for limited rights granted to the National Institutes of Health to use Chrysalis Products for research purposes, (iv) that Chrysalis is and shall remain in good standing and in full compliance under its Patent License Agreement dated November 10, 1995, with the Board of Regents of the University of Texas System, and (v) that it shall maintain all of the Patents.
Patent Warranty. 14.1 PHS represents and warrants that it has no knowledge, and has no reason to believe, as of the date of execution of this Sub-License Agreement (a) of the existence of any patent rights held by others that would be infringed by the making, using and selling of UOB-TM- Systems or use of the Licensed UOB-TM- Patents or the UOB-TM- Technology and (b) that there are no third party claims against HBT or PHS, HBT's affiliates or other licensees, for infringement or misappropriation of any of the know-how, inventions, improvements, patent rights or other intellectual property or trade secrets which constitutes or is part of the Licensed UOB-TM- Patents or the UOB-TM- Technology.
Patent Warranty. 14.1. Each party (“Indemnitor”) will indemnify the other party (“Indemnitee”) against any loss or expense arising out of any claim brought against the Indemnitee for a claim of infringement of any third party intellectual property rights alleged or determined to be caused by Indemnitor’s design or process relating to the Supplies; provided, that Indemnitee notifies Indemnitor promptly of any such claim; allow Indemnitor, at Indemnitor’s option, to participate in or fully control the defense with Indemnitor’s counsel; and, fully cooperates with such defense.
Patent Warranty. The supplying party warrants that the use or sale of the Products delivered hereunder will not infringe the claims of any validly issued patent covering the Products themselves, but does not warrant against infringement due to: (a) the use of the Products in combination with other Products (or third party products of other manufacturers) or materials or in the operation of any process, or (b) the compliance by supplying party with any specifications provided to supplying party by the receiving party.
Patent Warranty. MP warrants that at least basic patent ---------------- applications covering the technology for use in making Licensed Products in the Field have been filed, that some patents have been issued, and that other applications have been filed, and that MP is not aware of any valid patents of third parties which would be infringed by IGEN's, or its Affiliates or sublicensees, making, using or selling Licensed Products. This warranty does not extend to variations or modifications of the Licensed Products distinct from those products being made by IGEN (and its Affiliates or sublicensees) as of the Effective Date of this Agreement.
Patent Warranty. Seller warrants that (i) neither the goods furnished hereunder nor the sale or use thereof will infringe any United States or Foreign Letters Patent, trademark, copyright, or other proprietary or similar rights; (ii) Seller will, at its own expense, defend any suit that may arise with respect to any aforementioned infringement or allegation thereof; and (iii) Seller will indemnify and hold PURCHASER and/or its customers harmless from all loss and expense incurred on account of any alleged or actual infringement. PURCHASER shall promptly notify Seller of any such infringement claim made against it. The warranty provided here shall not apply to goods to the extent such goods comply with specifications furnished by PURCHASER. In the event that the use of said goods or any part thereof is enjoined, PURCHASER at its election may require Seller, at Seller's sole cost and expense, to: (i) procure for PURCHASER, within thirty (30) days, the right to continue using said goods or part; (ii) modify same so it becomes non-infringing; (iii) replace it with non-infringing goods or part; or (iv) take back the goods and refund PURCHASER's purchase price.
Patent Warranty. The Vendor warrants to the Municipality that the Goods/Services furnished hereunder and the use thereof, do not infringe any patent rights, copyrights, trademark rights or other intellectual or industrial property rights. The Vendor shall defend at its own expense any suit that may arise in respect thereof, and that the Vendor will indemnify and save harmless the Municipality from all costs, damages, expenses and claims of any nature relating thereto.
Patent Warranty. Seller warrants that the products in the condition and at the time shipped will not infringe any valid claim of any U.S. patent covering the products, unless the products are made pursuant to Buyer's specifications or instructions, in which case no patent warranty is made. The warranty shall not extend to infringement of third party patents attributable to the combination of products sold hereunder with other compounds, compositions, or materials. Seller may discontinue, without liability, delivery of products hereunder if in its opinion their manufacture, sale or use would constitute patent infringement or if the use or resale of the goods is enjoined.
