Common use of Patents and Other Intangible Assets Clause in Contracts

Patents and Other Intangible Assets. (a) The Company (i) owns or has the right to use, free and clear of all Liens, claims and restrictions, all patents, trademarks, service marks, trade names, copyrights, licenses and rights with respect to the foregoing, used in or necessary for the conduct of its business as now conducted or proposed to be conducted, (ii) is not infringing upon or otherwise acting adversely to the right or claimed right of any Person under or with respect to any patent, trademark, service xxxx, trade name, copyright or license with respect thereto, and (iii) is not obligated or under any liability whatsoever to make any payments by way of royalties, fees or otherwise to any owner or licensee of, or other claimant to, any patent, trademark, service xxxx, trade name, copyright or other intangible asset, with respect to the use thereof or in connection with the conduct of its business or otherwise.

Appears in 3 contracts

Samples: Preferred Stock Purchase Agreement (Value America Inc /Va), Preferred Stock and Warrant Purchase Agreement (Value America Inc /Va), Preferred Stock Purchase Agreement (Value America Inc /Va)

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Patents and Other Intangible Assets. (a) The Company (i) to the best of its knowledge, owns or has the right to use, free and clear of all Liensliens, claims and restrictions, all patents, trademarks, service marks, trade names, copyrights, licenses and other intellectual property rights with respect to the foregoing, used in or necessary for the conduct of its business as now conducted or as proposed to be conductedconducted (the "Proprietary Information") without, (ii) is not to the best of its knowledge, infringing upon or otherwise acting adversely to the right or claimed right of any Person person under or with respect to any patent, trademark, service xxxx, trade name, copyright or license with respect theretoof the foregoing, and (iiiii) is not obligated or under any liability whatsoever to make any payments by way of royalties, fees or otherwise to any owner or licensee of, licensor of, or other claimant to, any patent, trademark, service xxxx, trade nametradename, copyright or other intangible asset, with respect to the use thereof or in connection with the conduct of its business or otherwise.

Appears in 2 contracts

Samples: Preferred Stock Purchase Agreement (Americas Power Partners Inc), Preferred Stock Purchase Agreement (Americas Power Partners Inc)

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Patents and Other Intangible Assets. (a) The Company (i) owns or has the right to use, free and clear of all Liens, claims and restrictions, all patents, trademarks, service marks, trade names, copyrights, licenses and rights with respect to the foregoing, used in or necessary for the conduct of its business as now conducted or proposed to be conducted, (ii) is not infringing upon or otherwise acting adversely to the right or claimed right of any Person under or with respect to any patent, trademark, service xxxxmark, trade name, copyright or license with respect thereto, and (iiiiix) is xs not obligated or under any liability whatsoever to make any payments by way of royalties, fees or otherwise to any owner or licensee of, or other claimant to, any patent, trademark, service xxxxmark, trade name, copyright or other intangible asset, with respect to the xx xhe use thereof or in connection with the conduct of its business or otherwise.

Appears in 1 contract

Samples: Revolving Loan Agreement (Value America Inc /Va)

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