REPRESENTATIONS AND WARRANTIES OF SEGA. Sega convenants, represents and warrants all of the following:
REPRESENTATIONS AND WARRANTIES OF SEGA. 11.3.1 SEGA represents and warrants that, except if Advent Telecommunications, Inc. and ATGames Holdings, Ltd. (collectively, "Advent") prevail (or obtain any form of injunctive relief) in the pending litigation between Advent and SEGA described in the July 29th, 2004 letter that Xx. Xxxxx Xxxxxx of SEGA sent to Mr. Xxx Xxxx of ZARVA (the "Advent Litigation"): (a) it has the right, power and authority to enter into this Agreement and (b) the making of this Agreement by it does not violate any agreement existing between it and any other person or entity; (c) it complies, and at all times during the Term shall comply, with all applicable laws in effect at the time duties are performed under this Agreement and in all dealings with respect to the Licensed Software in the Territory; (d) it is, and at all times during the Term shall be, the holder of all consents necessary for it to perform its obligations hereunder; and (e) the Game of any part of aspect thereof does no infringe upon of violate any Intellectual Property Rights of any other party in the Territory; (f) it shall provide T2 with the Licensed Software with such functions as set forth in Appendix I to this Agreement and deliver it upon such time as set forth in Appendix II hereto.
