Intangible Property CPA16 and the CPA16 Subsidiaries own, possess or have adequate rights to use all trademarks, trade names, patents, service marks, brand marks, brand names, computer programs, databases, industrial designs and copyrights necessary for the operation of the businesses of each of CPA16 and the CPA16 Subsidiaries (collectively, the “CPA16 Intangible Property”), except where the failure to possess or have adequate rights to use such properties, individually or in the aggregate, would not reasonably be expected to have a CPA16 Material Adverse Effect. All of the CPA16 Intangible Property is owned or licensed by CPA16 or the CPA16 Subsidiaries free and clear of any and all Liens, except those that, individually or in the aggregate, would not reasonably be expected to have a CPA16 Material Adverse Effect, and neither CPA16 nor any such CPA16 Subsidiary has forfeited or otherwise relinquished any CPA16 Intangible Property which forfeiture has resulted in, individually or in the aggregate, or would reasonably be expected to result in a CPA16 Material Adverse Effect. To the Knowledge of CPA16, the use of CPA16 Intangible Property by CPA16 or the CPA16 Subsidiaries does not, in any material respect, conflict with, infringe upon, violate or interfere with or constitute an appropriation of any right, title, interest or goodwill, including, without limitation, any intellectual property right, trademark, trade name, patent, service xxxx, brand xxxx, brand name, computer program, database, industrial design, copyright or any pending application therefor, of any other Person, and there have been no claims made, and neither CPA16 nor any of the CPA16 Subsidiaries has received any notice of any claims or otherwise has Knowledge of any claims that any of the CPA16 Intangible Property is invalid or conflicts with the asserted rights of any other Person or has not been used or enforced or has failed to have been used or enforced in a manner that would result in the abandonment, cancellation or unenforceability of any of the CPA16 Intangible Property, except for any such conflict, infringement, violation, interference, claim, invalidity, abandonment, cancellation or unenforceability that, individually or in the aggregate, would not reasonably be expected to have a CPA16 Material Adverse Effect.
CONTRACTS (RIGHTS OF THIRD PARTIES ACT 1999 A person who is not a party to this Agreement has no right under the Contracts (Rights of Third Parties) Xxx 0000 to enforce any term of this Agreement, but this does not affect any right or remedy of a third party which exists or is available apart from that Act.
