By Ferrotec Sample Clauses

By Ferrotec. Ferrotec represents and warrants that (a) Ferrotec's Technology does not infringe by patent, copyright, trademark or other Intellectual Property Rights of any third party, (b) the performance of its obligations hereunder does not, and the performance of its obligations in connection with the Production Schedule shall not, in each case, including without limitation, its manufacture and supply of the CCS Units to Amerigon, whether with or without notice and/or the passage of time, violate Intellectual Property Rights of any third party, (c) the CCS Units shall be manufactured in a good and workmanlike manner, (d) Ferrotec shall comply with local production capability requirements as set forth in Section 2.1(e), and (e) the CCS Units shall, under reasonably anticipated conditions and use, conform to and operate in accordance with the specifications and other requirements identified in Section 2.1
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