Celator Warranties. Celator warrants that (a) it has the right to give Xxxxxx any information provided by Celator hereunder, and that Xxxxxx has the right to use such information for the Production of Product, and (b) Celator has no knowledge of any (i) patents or other intellectual property rights that would be infringed by Xxxxxx’x Production of Product under this Agreement, or (ii) proprietary rights of third parties which would be violated by Xxxxxx’x performance hereunder, and (c) Celator has obtained (or will obtain prior to producing the Product), and will maintain, update and remain in compliance with all permits, licenses and other authorizations during the Term of this Agreement, which are required under federal, state and local law, rules and regulations applicable to the Production, use and sale of the Product. Celator warrants that the API provided to Xxxxxx hereunder will (1) conform to the API specifications and (2) not be adulterated or misbranded within the meaning of the FD&C Act. Celator will use and promote the Product in a manner not inconsistent with its regulatory filings and approvals.
Appears in 4 contracts
Samples: Clinical and Commercial Manufacturing and Supply Agreement, Clinical and Commercial Manufacturing and Supply Agreement (Jazz Pharmaceuticals PLC), Clinical and Commercial Manufacturing and Supply Agreement (Celator Pharmaceuticals Inc)