Common use of Warranty to Disetronic Clause in Contracts

Warranty to Disetronic. TheraSense represents and warrants to ---------------------- Disetronic that: (i) it is a company duly organized validly existing and in good standing under the laws of the State of California; (ii) the execution, delivery and performance of this Agreement have been duly authorized by all necessary corporate action on the part of TheraSense; (iii) to the best of its knowledge it has the right to grant the rights and licenses granted herein; (iv) it has obtained consent from Asulab for TheraSense and Disetronic to cobrand the FreeStyle Products as set forth in this Agreement; (v) it will obtain and maintain all facility licenses necessary to manufacture the FreeStyle Products; and (vi) subject to Section 5.1.3 and 5.1.4, upon delivery, EXW the Shipping Location, the Freestyle Products will (a) meet the agreed upon Product Specifications as set forth in Exhibit E, (b) will be free from defects in manufacturing, materials and workmanship, (c) will be of merchantable quality and fit for the purpose for which they are intended, and (d) will comply with all applicable laws for the U.S. and for each country within the European Territory.