Common use of Patents, Trademarks, Copyrights, Etc Clause in Contracts

Patents, Trademarks, Copyrights, Etc. Exhibit 1.3(d) sets forth (i) the registered and beneficial owner and the expiration date, to the extent applicable, for each of the Rights set forth on such Exhibit and (ii) the product, service, or products or services of DE which make use of, or are sold, licensed or made under, each such Right. All of the Rights are included in the Assets and constitute all Rights necessary for the conduct of the business of DE, as such business is currently being conducted. Except as set forth on Exhibit 5.16, DE has not sold, assigned, transferred, licensed, sub-licensed or conveyed the Rights, or any of them, or any interest in the Rights, or any of them, to any person, and has the entire right, title and interest (free and clear of all security interests, liens and encumbrances of every nature) in and to the Rights necessary to the conduct of the business of DE as currently being conducted; neither has the validity of such items been, nor is the validity of such items, nor the use thereof by DE, the subject of any pending or threatened opposition, interference, cancellation, nullification, conflict, concurrent use, litigation or other proceeding. The conduct of the business of DE as currently operated, and the use of the Assets does not and will not conflict with, or infringe, legally enforceable rights of third parties. Except as set forth on Exhibit 5.16, the Rights owned by or licensed to DE have not been used, and no use is now being made, by any entity except DE and other entities duly licensed to use the same. Except as set forth on Exhibit 5.16, there is no infringement of any proprietary right owned or licensed by DE.

Patents, Trademarks, Copyrights, Etc. Exhibit 1.3(d) 6.16 sets forth (i) the registered and beneficial owner and the expiration date, to the extent applicable, for each of the Rights patents, trademarks, copyrights, etc., set forth on such Exhibit and (ii) the product, service, or products or services of DE THI which make use of, or are sold, licensed or made under, each such Rightright. All of the Rights are included in the Assets and said rights constitute all Rights such rights necessary for the conduct of the business of DETHI, as such business is currently being conducted. Except as set forth on Exhibit 5.166.16, DE THI has not sold, assigned, transferred, licensed, sub-licensed or conveyed the Rights, or any of themsuch rights, or any interest in the Rights, or any of them, to any person, and has the entire right, title and interest (free and clear of all security interests, liens and encumbrances of every nature) in and to the Rights them necessary to the conduct of the business of DE THI as currently being conducted; neither has the validity of such items been, nor is the validity of such items, nor the use thereof by DETHI, the subject of any pending or threatened opposition, interference, cancellation, nullification, conflict, concurrent use, litigation or other proceeding. The conduct of the business of DE as currently operated, and the use of the Assets does not and will not conflict with, or infringe, legally enforceable rights of third parties. Except as set forth on Exhibit 5.166.16, the Rights such rights owned by or licensed to DE THI have not been used, and no use is now being made, by any entity except DE THI and other entities duly licensed to use the same. Except as set forth on Exhibit 5.166.16, there is no infringement of any proprietary right owned or licensed by DETHI.

Patents, Trademarks, Copyrights, Etc. Exhibit 1.3(d) 6.14 sets forth (i) the registered and beneficial owner and the expiration date, to the extent applicable, for each of the Rights federally registered patents, trademarks and copyrights ("Rights") set forth on such Exhibit and (ii) the product, service, or products or services of DE the Company which make use of, or are sold, licensed or made under, each such Right. All of the Rights are included in the Assets and constitute all Rights necessary for the conduct of the business of DEthe Company, as such business is currently being conducted. Except as set forth on Exhibit 5.166.14, DE the Company has not sold, assigned, transferred, licensed, sub-licensed or conveyed the Rights, or any of them, or any interest in the Rights, or any of them, to any person, and has the entire right, title and interest (free and clear of all security interests, liens and encumbrances of every nature) in and to the Rights necessary to the conduct of the business of DE the Company as currently being conducted; neither has the validity of such items been, nor is the validity of such items, nor the use thereof by DEthe Company, the subject of any pending or threatened opposition, interference, cancellation, nullification, conflict, concurrent use, litigation or other proceeding. The conduct of the business of DE the Company as currently operated, and the use of the Assets operated does not and will not conflict with, or infringe, legally enforceable rights of third parties. Except as set forth on Exhibit 5.166.14, the Rights owned by or licensed to DE the Company have not been used, and no use is now being made, by any entity except DE the Company and other entities duly licensed to use the same. Except as set forth on Exhibit 5.166.14, there is no infringement of any proprietary right owned or licensed by DEthe Company.

Patents, Trademarks, Copyrights, Etc. Exhibit 1.3(d) sets forth (i) the registered and beneficial owner and the expiration date, to the extent applicable, for each of the Rights set forth on such Exhibit and (ii) the product, service, or products or services of DE CPS which make use of, or are sold, licensed or made under, each such Right. All of the Rights are included in the Assets and constitute all Rights necessary for the conduct of the business of DECPS, as such business is currently being conducted. Except as set forth on Exhibit 5.16, DE CPS has not sold, assigned, transferred, licensed, sub-licensed or conveyed the Rights, or any of them, or any interest in the Rights, or any of them, to any person, and has the entire right, title and interest (free and clear of all security interests, liens and encumbrances of every nature) in and to the Rights necessary to the conduct of the business of DE CPS as currently being conducted; neither has the validity of such items been, nor is the validity of such items, nor the use thereof by DECPS, the subject of any pending or threatened opposition, interference, cancellation, nullification, conflict, concurrent use, litigation or other proceeding. The conduct of the business of DE CPS as currently operated, and the use of the Assets does not and will not conflict with, or infringe, legally enforceable rights of third parties. Except as set forth on Exhibit 5.16, the Rights owned by or licensed to DE CPS have not been used, and no use is now being made, by any entity except DE CPS and other entities duly licensed to use the same. Except as set forth on Exhibit 5.16, there is no infringement of any proprietary right owned or licensed by DECPS.

Patents, Trademarks, Copyrights, Etc. Exhibit 1.3(d) sets forth (i) the registered and beneficial owner and the expiration date, to the extent applicable, for each of the Rights set forth on such Exhibit and (ii) the product, service, or products or services of DE Banner which make use of, or are sold, licensed or made under, each such Right. All of the Rights are included in the Assets and constitute all Rights necessary for the conduct of the business of DEBusiness, as such business is currently being conducted. Except as set forth on Exhibit 5.165.15, DE Banner has not sold, assigned, transferred, licensed, sub-licensed or conveyed the Rights, or any of them, or any interest in the Rights, or any of them, to any person, and has the entire right, title and interest (free and clear of all security interests, liens and encumbrances of every nature) in and to the Rights necessary to the conduct of the business of DE Business as currently being conducted; neither has the validity of such items been, nor is the validity of such items, nor the use thereof by DEBanner, the subject of any pending or or, to the knowledge of Banner, threatened opposition, interference, cancellation, nullification, conflict, concurrent use, litigation or other proceeding, to the knowledge of Banner. The conduct of the business of DE Business as currently operated, and the use of the Assets does not and will not conflict with, or infringe, legally enforceable rights of third parties. Except as set forth on Exhibit 5.165.15, the Rights owned by or licensed to DE Banner have not been used, and no use is now being made, by any entity except DE Banner and other entities duly licensed to use the same. Except as set forth on Exhibit 5.165.15, there is no infringement of any proprietary right owned or licensed by DEBanner.

Patents, Trademarks, Copyrights, Etc. Exhibit 1.3(d1.4(d) sets forth (i) the registered and beneficial owner and the expiration date, to the extent applicable, for each of the Rights set forth on such Exhibit and (ii) the product, service, or products or services of DE the Company which make use of, or are sold, licensed or made under, each such Right. All of the Rights are included in the Assets and constitute all Rights necessary for the conduct of the business of DEBusiness, as such business Business is currently being conducted. Except as set forth on Exhibit 5.165.15, DE the Company has not sold, assigned, transferred, licensed, sub-licensed or conveyed the Rights, or any of them, or any interest in the Rights, or any of them, to any person, and has the entire right, title and interest (free and clear of all security interests, liens and encumbrances of every nature) in and to the Rights necessary to the conduct of the business of DE Business as currently being conducted; neither has the validity of such items been, nor is the validity of such items, nor the use thereof by DEthe Seller, the subject of any pending or threatened opposition, interference, cancellation, nullification, conflict, concurrent use, litigation or other proceeding. The conduct of the business of DE Business as currently operated, and the use of the Assets does not and will not conflict with, or infringe, legally enforceable rights of third parties. Except as set forth on Exhibit 5.16, the Rights owned by or licensed to DE the Seller have not been used, and no use is now being made, by any entity except DE the Seller and other entities duly licensed to use the same. Except as set forth on Exhibit 5.16, there is no infringement of any proprietary right owned or licensed by DEthe Company.

Patents, Trademarks, Copyrights, Etc. Exhibit 1.3(d) sets forth (i) the registered and beneficial owner and the expiration date, to the extent applicable, for each of the Rights set forth on such Exhibit and (ii) the product, service, or products or services of DE AJAX which make use of, or are sold, licensed or made under, each such Right. All of the Rights are included in the Assets and constitute all Rights rights necessary for the conduct of the business of DEBusiness, as such business is currently being conducted. Except as set forth on Exhibit 5.16, DE since January 1, 0000, XXXX has not sold, assigned, transferred, licensed, sub-licensed or conveyed the Rights, or any of them, or any interest in the Rights, or any of them, to any person, and has the entire right, title and interest (free and clear of all security interests, liens and encumbrances of every nature) in and to the Rights necessary to the conduct of the business of DE Business as currently being conducted; neither has the validity of such items been, nor is the validity of such items, nor the use thereof by DEAJAX, is the subject of any pending or to Shareholder's knowledge threatened opposition, interference, cancellation, nullification, conflict, concurrent use, litigation or other proceeding. The AJAX has received no notice that the conduct of the business Business of DE AJAX as currently operated, operated and the use of the Assets does not and will not conflict conflicts with, or infringeinfringes upon, legally enforceable rights of third parties. Except as set forth on Exhibit 5.16, since January 1, 1990 the Rights owned by or licensed to DE AJAX have not been used, and to the Shareholder's knowledge no use is now being made, by any entity except DE AJAX and other entities duly licensed to use the same. Except as set forth on Exhibit 5.16, to Shareholder's knowledge, there is no infringement by any third party of any proprietary right owned by or licensed by DEto AJAX.

Patents, Trademarks, Copyrights, Etc. Exhibit 1.3(d) sets forth (i) the registered and beneficial owner and the expiration date, to the extent applicable, for each of the Rights set forth on such Exhibit and (ii) the product, service, or products or services of DE FRESH which make use of, or are sold, licensed or made under, each such Right. All of the Rights are included in the Assets and constitute all Rights necessary for the conduct of the business of DEFRESH, as such business is currently being conducted. Except as set forth on Exhibit 5.16, DE has SELLERS have not sold, assigned, transferred, licensed, sub-licensed or conveyed the Rights, or any of them, or any interest in the Rights, or any of them, to any person, and has have the entire right, title and interest (free and clear of all security interests, liens and encumbrances of every nature) in and to the Rights necessary to the conduct of the business of DE FRESH as currently being conducted; neither has the validity of such items been, nor is the validity of such items, nor the use thereof by DEFRESH, the subject of any pending or threatened opposition, interference, cancellation, nullification, conflict, concurrent use, litigation or other proceeding. The conduct of the business of DE FRESH as currently operated, and the use of the Assets operated does not and will not conflict with, or infringe, legally enforceable rights of third parties. Except as set forth on Exhibit 5.16, the Rights owned by or licensed to DE FRESH have not been used, and no use is now being made, by any entity except DE FRESH and other entities duly licensed to use the same. Except as set forth on Exhibit 5.16, there is no infringement of any proprietary right owned or licensed by DEFRESH.