Common use of Warranty to Nipro Clause in Contracts

Warranty to Nipro. TheraSense represents and warrants to ----------------- Nipro that: (i) it is a company duly organized validly existing and in good standing under the laws of the State of Delaware; (ii) the execution, delivery and performance of this Agreement have been duly authorized by all necessary corporate action on the part of TheraSense; (iii) it has the right to grant Nipro the exclusive distribution rights in the Territory as specified in Section 2.1.1 and, to the best of its knowledge, it has the right to grant the other rights granted herein; and (iv) subject to Sections 6.1.3 and 6.1.4, upon delivery, FCA 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 in the place of manufacture.