Common use of No Infringement of Third Party IP Rights Clause in Contracts

No Infringement of Third Party IP Rights. Neither the Company nor any Subsidiary is infringing, misappropriating or otherwise violating, or has ever infringed, misappropriated or otherwise violated, any Intellectual Property Right of any other Person, and the conduct of the business of the Company and the Subsidiaries when conducted in substantially the same manner after the date hereof by the Company and the Subsidiaries, will not infringe, misappropriate or otherwise violate any Intellectual Property Right of any other Person (including patents issuing on patent applications filed as of the date hereof), violate any right of any Person (including any right to privacy or publicity), or constitute unfair competition or trade practices under any Legal Requirement. Without limiting the generality of the foregoing: (i) no infringement, misappropriation or similar claim or legal proceeding is pending or has been threatened against the Company or any Subsidiary or, to the Knowledge of the Company, against any other Person who may be entitled to be indemnified, defended, held harmless or reimbursed by the Company or any Subsidiary with respect to such claim or legal proceeding; and (ii) neither the Company nor any Subsidiary has received any notice or other communication (in writing or otherwise) (A) relating to any actual, alleged or suspected infringement, misappropriation or violation of any Intellectual Property Right of another Person or (B) inviting the Company or any Subsidiary to license the Intellectual Property Right of another Person.

No Infringement of Third Party IP Rights. Neither the The Company nor any Subsidiary is not infringing, misappropriating or otherwise violating, or and has ever not infringed, misappropriated or otherwise violated, any Intellectual Property Right of any other Person, and the conduct of the business of the Company has not constituted and the Subsidiaries when conducted in substantially the same manner after the date hereof by the Company and the Subsidiaries, will does not infringe, misappropriate or otherwise violate any Intellectual Property Right of any other Person (including patents issuing on patent applications filed as of the date hereof), violate any right of any Person (including any right to privacy or publicity), or constitute unfair competition or trade practices under any Legal Requirement. Without limiting the generality of the foregoing: (i) no claim or legal proceeding alleging infringement, misappropriation or similar claim violation of third-party Intellectual Property Rights, or legal proceeding alleging any such unfair competition or trade practices is pending or has been threatened in writing (or, to the Knowledge of the Company, orally) against the Company or any Subsidiary or, to the Knowledge of the Company, against any other Person who may be entitled to be indemnified, defended, held harmless or reimbursed by the Company or any Subsidiary with respect to such claim or legal proceeding; and (ii) neither the Company nor any Subsidiary has not received any written notice or other communication (in writing or otherwiseor, to the Knowledge of the Company, oral) (A) relating to any actual, alleged or suspected infringement, misappropriation or violation of any Intellectual Property Right of another Person or (B) inviting the Company or any Subsidiary to license the Intellectual Property Right of another PersonPerson or (C) claiming that the Company Product or the operation of the business of the Company constitutes unfair competition or trade practices under any Legal Requirements; and (iii) the Company is not bound by any Contract to indemnify, defend, hold harmless or reimburse any other Person with respect to any infringement, misappropriation or violation of any Intellectual Property Right (other than pursuant to Contracts in the form of the Standard Form IP Contract).

No Infringement of Third Party IP Rights. Neither To the Knowledge of Company and Seller, the operation of the business of the Company nor (including the research, design, development, use, import, branding, advertising, promotion, marketing, manufacture, distribution, hosting, provision, delivery, sale and licensing of any Subsidiary is infringingCompany Product or Company IP) as previously conducted, misappropriating or otherwise violating, or currently conducted and currently contemplated to be conducted has ever not infringed, misappropriated or otherwise violated, any Intellectual Property Right of any other Person, and the conduct of the business of the Company does not and the Subsidiaries when conducted in substantially the same manner after the date hereof by the Company and the Subsidiaries, will not infringe, misappropriate or otherwise violate violate, any Intellectual Property Right of any other Person (including patents issuing on patent applications filed as of the date hereof), violate or any other right of any Person (including any right to privacy or publicity), or and has not constituted, and does not and will not, constitute unfair competition or trade practices under any Legal Requirement. Without limiting the generality of the foregoing: (i) no infringement, misappropriation or similar claim or legal proceeding Action is pending or has been threatened or brought against the Company or any Subsidiary or, to the Knowledge of the Company, against any other Person who may be entitled to be indemnified, defended, held harmless or reimbursed by the Company or any Subsidiary with respect to such claim or legal proceedingAction; and (ii) neither the Company nor any Subsidiary of its Affiliates has received any notice or other communication (in writing or otherwise) (A) relating to any actual, alleged or suspected infringement, misappropriation or violation of any Intellectual Property Right of another Person by the Company or the operation of its business or (B) inviting the Company or any Subsidiary to license the Intellectual Property Right of another Person or providing any warning letter, entitlement request or other letter or communication suggesting or offering that, in view of the Company’s or its Affiliates conduct of the business, the Company obtain a license to any Intellectual Property of any Person.. The Company is not bound by any Contract to indemnify, defend, hold harmless or reimburse any other Person with respect to, or otherwise assumed or agreed to discharge or otherwise take responsibility for, any existing or potential Intellectual Property infringement, misappropriation or similar claim. (aa)

No Infringement of Third Party IP Rights. Neither the Company nor any Subsidiary of its Subsidiaries is infringing, misappropriating or otherwise violating, or has ever infringed, misappropriated or otherwise violated, any Intellectual Property Right of any other Person, and the conduct of the business of the no Company and the Subsidiaries when conducted in substantially the same manner after the date hereof by the Company and the SubsidiariesProduct has ever infringed, will not infringe, misappropriate misappropriated or otherwise violate violated any Intellectual Property Right of any other Person (including patents issuing on patent applications filed as of the date hereof), violate any right of any Person (including any right to privacy or publicity), or constitute unfair competition or trade practices under any Legal RequirementPerson. Without limiting the generality of the foregoing: (i) no No Action for infringement, misappropriation or similar claim or legal proceeding is pending or has been threatened in writing against the Company or any Subsidiary or, to the Knowledge of the Company, its Subsidiaries or against any other Person who may be entitled to be indemnified, defended, held harmless or reimbursed by the Company or any Subsidiary of its Subsidiaries with respect to such claim or legal proceeding; and (ii) neither . Neither the Company nor any Subsidiary has of its Subsidiaries have received any written notice or other written communication (in writing or, to the Knowledge of the Company, any oral notice or otherwise) communication (A) relating to any actual, alleged or suspected infringement, misappropriation or violation of any Intellectual Property Right of another any other Person by the Company or its Subsidiaries or otherwise with respect to any Company Product (B) inviting the Company or any Subsidiary of its Subsidiaries to license the any Intellectual Property Right of another Personany other Person or (C) claiming that any Company Product or the operation of the business of the Company or any of its Subsidiaries constitutes unfair competition or trade practices under any Legal Requirements.