Common use of Certain Warranties Clause in Contracts

Certain Warranties. X. XXXX warrants that (i) except as otherwise provided under Section 14 of this Agreement with respect to U.S. Government interests, it is the owner of the Licensed Patents or otherwise has the right to grant the licenses granted to Licensee in this Agreement, and (ii) to the best of XXXX’x knowledge, no third party has made any claim or initiated any litigation or other proceeding that challenges the validity or scope of the Licensed Patents. Nothing in this Agreement shall be construed as: (i) except as provided above, a warranty or representation by XXXX as to the validity or scope of any of the Licensed Patents; (ii) except as provided above, a warranty or representation by XXXX that anything made, used, sold or otherwise disposed of under the license granted in this Agreement will or will not infringe patents of third parties; or (iii) an obligation to furnish any know—how not provided in the Licensed Patents or any services other than those specified in this Agreement. X. XXXX MAKES NO REPRESENTATIONS, EXTENDS NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND ASSUMES NO RESPONSIBILITIES WHATSOEVER WITH RESPECT TO USE, SALE, OR OTHER DISPOSITION BY LICENSEE OR ITS VENDEES OR OTHER TRANSFEREES OF PRODUCTS INCORPORATING OR MADE BY USE OE INVENTIONS LICENSED UNDER THIS AGREEMENT. C. Licensee represents and warrants that Products produced under the license granted herein shall be manufactured substantially in the United States as required by 35 U.S.C § 204 and applicable regulations of Chapter 37 of the Code of Federal Regulations.

Certain Warranties. X. XXXX A. MARSHFIELD CLINIC warrants that (i) except as otherwise provided under Section 14 of this Agreement with respect to U.S. Government interests, it is the owner of the Licensed Patents or otherwise has the right to grant the licenses granted to Licensee in this Agreement. However, and (ii) to the best of XXXX’x knowledge, no third party has made any claim or initiated any litigation or other proceeding that challenges the validity or scope of the Licensed Patents. Nothing nothing in this Agreement shall be construed as: (i) except as provided above, a warranty or representation by XXXX MARSHFIELD CLINIC as to the validity or scope of any of the Licensed Patents; ; *** Portions of this page have been omitted pursuant to a request for Confidential Treatment filed separately with the Commission. Osmetech Marshfield Exclusive License 07-M0001 5 of 15 (ii) except as provided above, a warranty or representation by XXXX that anything made, used, sold or otherwise disposed of under the license granted in this Agreement will or will not infringe patents of third parties; or (iii) an obligation to furnish any know—-how not provided in the Licensed Patents or any services other than those specified in this Agreement. X. XXXX B. MARSHFIELD CLINIC MAKES NO REPRESENTATIONS, EXTENDS NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND ASSUMES NO RESPONSIBILITIES WHATSOEVER WITH RESPECT TO THE USE, SALE, OR OTHER DISPOSITION BY LICENSEE LICENSEE, ITS SUBLICENSEE(S), OR ITS THEIR VENDEES OR OTHER TRANSFEREES TRANSFEREES, OF PRODUCTS INCORPORATING OR MADE BY USE OE OF INVENTIONS LICENSED UNDER THIS AGREEMENT. C. Licensee represents and warrants that Products produced under the license granted herein shall be manufactured substantially in the United States as required by 35 U.S.C U.S.C. § 204 and applicable regulations of Chapter 37 of the Code of Federal Regulations.

Certain Warranties. X. XXXX A. MARSHFIELD CLINIC warrants that (i) except as otherwise provided under Section 14 of this Agreement with respect to U.S. Government interests, it is the owner Owner of the Licensed Patents or otherwise has the right to grant the licenses granted to Licensee in this Agreement. However, and (ii) to the best of XXXX’x knowledge, no third party has made any claim or initiated any litigation or other proceeding that challenges the validity or scope of the Licensed Patents. Nothing nothing in this Agreement shall be construed as: (i) except as provided above, a warranty or representation by XXXX MARSHFIELD CLINIC as to the validity or scope of any of the Licensed Patents; (ii) except as provided above, a warranty or representation by XXXX that anything made, used, sold or otherwise disposed of under the license granted in this Agreement will or will not infringe patents of third parties; or (iii) an obligation to furnish any know—-how not provided in the Licensed Patents or any services other than those specified in this Agreement. X. XXXX B. MARSHFIELD CLINIC MAKES NO REPRESENTATIONS, EXTENDS NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND ASSUMES NO RESPONSIBILITIES WHATSOEVER WITH RESPECT TO THE USE, SALE, OR OTHER DISPOSITION BY LICENSEE LICENSEE, ITS SUBLICENSEE(S), OR ITS THEIR VENDEES OR OTHER TRANSFEREES TRANSFEREES, OF PRODUCTS INCORPORATING OR MADE BY USE OE OF INVENTIONS LICENSED UNDER THIS AGREEMENT. C. Licensee represents and warrants that Products produced under the license granted herein shall be manufactured substantially in the United States as required by 35 U.S.C § 204 and applicable regulations of Chapter 37 of the Code of Federal Regulations.

Certain Warranties. X. XXXX XxXxx warrants that (i) except as otherwise provided under Section 14 of this Agreement with respect to U.S. Government interests, it is the owner of the Licensed Patents or otherwise has the right to grant the licenses granted to Licensee in this Agreement. However, and (ii) to the best of XXXX’x knowledge, no third party has made any claim or initiated any litigation or other proceeding that challenges the validity or scope of the Licensed Patents. Nothing nothing in this Agreement shall be construed as: (i) except as provided above, a warranty or representation by XXXX WiSys as to the validity or scope of any of the Licensed Patents; (ii) except as provided above, a warranty or representation by XXXX that anything made, used, sold or otherwise disposed of under the license granted in this Agreement will or will not infringe patents of third parties; or (iii) an obligation to furnish any know—-how not provided in the Licensed Patents or any services other than those specified in this Agreement. X. XXXX B. WISYS MAKES NO REPRESENTATIONS, EXTENDS NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND ASSUMES NO RESPONSIBILITIES WHATSOEVER WITH RESPECT TO THE USE, SALE, OR OTHER DISPOSITION BY LICENSEE LICENSEE, ITS SUBLICENSEE(S), OR ITS THEIR VENDEES OR OTHER TRANSFEREES TRANSFEREES, OF PRODUCTS INCORPORATING OR MADE BY USE OE OF INVENTIONS LICENSED UNDER THIS AGREEMENT. C. Licensee represents and warrants that Products produced under the license granted herein shall be manufactured substantially in the United States as required by 35 U.S.C § 204 and applicable regulations of Chapter 37 of the Code of Federal Regulations.

Certain Warranties. X. XXXX warrants that (i) except as otherwise provided under Section 14 of this Agreement with respect to U.S. Government interests, it is the owner of the Licensed Patents or otherwise has the right to grant the licenses granted to Licensee in this Agreement. However, and (ii) to the best of XXXX’x knowledge, no third party has made any claim or initiated any litigation or other proceeding that challenges the validity or scope of the Licensed Patents. Nothing nothing in this Agreement shall be construed as: (i) except as provided above, a warranty or representation by XXXX as to the validity or scope of any of the Licensed Patents; (ii) except as provided above, a warranty or representation by XXXX that anything made, used, sold or otherwise disposed of under the license granted in this Agreement will or will not infringe patents of third parties; or (iii) an obligation to file or maintain any patent application or patent under the Licensed Patents or to furnish any know—-how not provided in the Licensed Patents or any services other than those specified in this Agreement. X. XXXX MAKES NO REPRESENTATIONS, EXTENDS NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND ASSUMES NO RESPONSIBILITIES WHATSOEVER WITH RESPECT TO THE USE, SALE, OR OTHER DISPOSITION BY LICENSEE OR ITS VENDEES OR OTHER TRANSFEREES OF PRODUCTS INCORPORATING OR SERVICES INCORPORATING, UTILIZING, OR MADE BY USE OE OF INVENTIONS LICENSED UNDER THIS AGREEMENT. C. Licensee represents and warrants that Products produced under the license granted herein shall be manufactured substantially in the United States as required by 35 U.S.C § 204 and applicable regulations of Chapter 37 of the Code of Federal Regulations.

Certain Warranties. X. XXXX warrants that (i) except as otherwise provided under Section 14 of this Agreement with respect to U.S. Government interests, it is the owner of the Licensed Patents or otherwise has the right to grant the licenses granted to Licensee in this Agreement, and (ii) to the best of XXXX’x knowledge, no third party has made any claim or initiated any litigation or other proceeding that challenges the validity or scope of the Licensed Patents. Nothing in this Agreement shall shall, however, be construed as: : (i) except as provided above, a warranty or representation by XXXX or Licensee as to the validity or scope of any of the Licensed Patents; ; (ii) except as provided above, a warranty or representation by XXXX that anything made, used, sold used or otherwise disposed of transferred under the license granted in this Agreement will or will not infringe patents of third parties; or (iii) an obligation to furnish any assistance, or know—-how not provided in the Licensed Patents or any materials or services other than those specified in this Agreement; or (iv) an obligation to file any patent application or secure or maintain any patent right. X. XXXX MAKES NO REPRESENTATIONS, EXTENDS EXTEND NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND ASSUMES NO RESPONSIBILITIES WHATSOEVER WITH RESPECT TO USE, SALE, THE MERCHANTIBILITY OR OTHER DISPOSITION BY LICENSEE FITNESS FOR ANY PARTICULAR PURPOSE OR ITS VENDEES THE NON-INFRINGEMENT OR OTHER TRANSFEREES USE OF ANY LICENSED PRODUCTS INCORPORATING OR MADE BY USE OE INVENTIONS LICENSED UNDER THIS AGREEMENT. C. Licensee represents and warrants that Products produced under the license granted herein shall be manufactured substantially in the United States as required by 35 U.S.C § 204 and applicable regulations of Chapter 37 of the Code of Federal RegulationsTO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL WARF, WICELL, OR THEIR RESPECTIVE TRUSTEES, DIRECTORS, OFFICERS AND EMPLOYEES (INCLUDING WITHOUT LIMITATION ANY INVENTORS OF THE LICENSED PATENTS) BE LIABLE FOR ANY INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING ECONOMIC DAMAGES OR INJURY TO PROPERTY AND LOST PROFITS, REGARDLESS OF WHETHER SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

Certain Warranties. X. XXXX A. ISURF warrants that (i) except as otherwise provided under Section 14 of this Agreement with respect to U.S. Government interests, it is the owner of the Licensed Patents or otherwise has the right to grant the licenses granted to Licensee in this AgreementAgreement However, and (ii) to the best of XXXX’x knowledge, no third party has made any claim or initiated any litigation or other proceeding that challenges the validity or scope of the Licensed Patents. Nothing nothing in this Agreement shall be construed as: (i) except as provided above, a warranty or representation by XXXX ISURF as to the validity or scope of any of the Licensed Patents; (ii) except as provided above, a warranty or representation by XXXX that anything made, used, sold or otherwise disposed of under the license granted in this Agreement will or will not infringe patents of third parties; or; (iii) an obligation to furnish any know—-how not provided in the Licensed Patents or any services other than those specified in this Agreement; or (iv) that a valid claim will ever issue from the Licensed Patents. X. XXXX B. EXCEPT AS OTHERWISE MAY BE EXPRESSLY SET FORTH IN THIS AGREEMENT, THE LICENSED PATENTS ARE LICENSED “AS IS” WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES WHATSOEVER. ISURF MAKES NO REPRESENTATIONS, EXTENDS NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND ASSUMES NO RESPONSIBILITIES WHATSOEVER WITH RESPECT TO USE, SALE, OR OTHER DISPOSITION BY LICENSEE LICENSEE, ITS SUBLICENSEES OR ITS THEIR VENDEES OR OTHER TRANSFEREES OF PRODUCTS INCORPORATING OR MADE BY USE OE OF INVENTIONS LICENSED UNDER THIS AGREEMENT. C. Licensee represents and warrants that Products produced under the license granted herein shall be manufactured substantially in the United States as required by 35 U.S.C § 204 and applicable regulations of Chapter 37 of the Code of Federal Regulations.

Certain Warranties. X. XXXX warrants that (i) except as otherwise provided under Section 14 of this Agreement with respect to U.S. Government interests, it is the owner of the Licensed Patents or otherwise has the right to grant the licenses granted to Licensee in this Agreement. However, and (ii) to the best of XXXX’x knowledge, no third party has made any claim or initiated any litigation or other proceeding that challenges the validity or scope of the Licensed Patents. Nothing nothing in this Agreement shall be construed as: (i) except as provided above, a warranty or representation by XXXX as to the validity or scope of any of the Licensed Patents; (ii) except as provided above, a warranty or representation by XXXX that anything made, used, sold or otherwise disposed of under the license granted in this Agreement will or will not infringe patents of third parties; or (iii) an obligation to furnish any know—-how not provided in the Licensed Patents or any services other than those specified in this Agreement. . Enable IPC license 08-0204.2 X. XXXX MAKES NO REPRESENTATIONS, EXTENDS NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND ASSUMES NO RESPONSIBILITIES WHATSOEVER WITH RESPECT TO THE USE, SALE, OR OTHER DISPOSITION BY LICENSEE LICENSEE, ITS SUBLICENSEE(S), OR ITS THEIR VENDEES OR OTHER TRANSFEREES TRANSFEREES, OF PRODUCTS INCORPORATING OR MADE BY USE OE OF INVENTIONS LICENSED UNDER THIS AGREEMENT. C. Licensee represents and warrants that Products produced under the license granted herein shall be manufactured substantially in the United States as required by 35 U.S.C § 204 and applicable regulations of Chapter 37 of the Code of Federal Regulations.

Certain Warranties. X. XXXX A. ISURF warrants that (i) except as otherwise provided under Section 14 of this Agreement with respect to U.S. Government interests, it is the owner of the Licensed Patents or otherwise has the right to grant the licenses granted to Licensee in this AgreementAgreement However, and (ii) to the best of XXXX’x knowledge, no third party has made any claim or initiated any litigation or other proceeding that challenges the validity or scope of the Licensed Patents. Nothing nothing in this Agreement shall be construed as: (i) except as provided above, a warranty or representation by XXXX ISURF as to the validity or scope of any of the Licensed Patents; (ii) except as provided above, a warranty or representation by XXXX that anything made, used, sold or otherwise disposed of under the license granted in this Agreement will or will not infringe patents of third parties; or; (iii) an obligation to furnish any know—-how not provided in the Licensed Patents or any services other than those specified in this Agreement; or (iv) that a valid claim will ever issue from the Licensed Patents. X. XXXX B. EXCEPT AS OTHERWISE MAY BE EXPRESSLY SET FORTH IN THIS AGREEMENT, THE LICENSED PATENTS ARE LICENSED "AS IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES WHATSOEVER. ISURF MAKES NO REPRESENTATIONS, EXTENDS NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND ASSUMES NO RESPONSIBILITIES WHATSOEVER WITH RESPECT TO USE, SALE, OR OTHER DISPOSITION BY LICENSEE LICENSEE, ITS SUBLICENSEES OR ITS THEIR VENDEES OR OTHER TRANSFEREES OF PRODUCTS INCORPORATING OR MADE BY USE OE OF INVENTIONS LICENSED UNDER THIS AGREEMENT. C. Licensee represents and warrants that Products produced under the license granted herein shall be manufactured substantially in the United States as required by 35 U.S.C U.S.0 § 204 and applicable regulations of Chapter 37 of the Code of Federal Regulations.

Certain Warranties. X. XXXX warrants that (i) except as otherwise provided under Section 14 of this Agreement with respect to U.S. Government interests, it is the owner of the Licensed Patents or otherwise has the right to grant the licenses granted to Licensee Geron in this Agreement. However, and (ii) to the best of XXXX’x knowledge, no third party has made any claim or initiated any litigation or other proceeding that challenges the validity or scope of the Licensed Patents. Nothing nothing in this Agreement shall be construed as: (i) except as provided above, a warranty or representation by XXXX as to the validity or scope of any of the Licensed Patents; (ii) except as provided above, a warranty or representation by XXXX that anything made, used, sold or otherwise disposed of under the license granted in this Agreement will or will not infringe patents of third parties; or (iii) an obligation to furnish any know—-how not provided in the Licensed Patents or any services other than those specified in this Agreement. X. XXXX MAKES NO REPRESENTATIONS, EXTENDS NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND ASSUMES NO RESPONSIBILITIES WHATSOEVER WITH RESPECT TO USE, SALE, OR OTHER DISPOSITION BY LICENSEE GERON OR ITS VENDEES OR OTHER TRANSFEREES OF PRODUCTS INCORPORATING OR MADE BY USE OE OF INVENTIONS LICENSED UNDER THIS AGREEMENT. C. Licensee X. Xxxxx warrants that it will not perform the following three experiments with Materials provided by XXXX, WiCell or the University of Wisconsin or derived therefrom: (a) intermixing of Materials with an intact embryo, either human or nonhuman; (b) implanting Materials or products of Materials in a uterus; and (c) attempting to make whole embryos by any method. X. Xxxxx represents and warrants that it has, or will obtain, the expertise necessary to develop and market Products produced under the license granted herein shall be manufactured substantially and Research Products and that it will actively and diligently pursue development of Products and Research Products for sale in the United States as required by 35 U.S.C § 204 and applicable regulations of Chapter 37 commercial market. Notwithstanding the foregoing, the exclusive remedies for Geron's breach of the Code warranty set forth in this Section 5D, are those provided in Sections 3A(iii)(d), 7A and 7D, and only to the extent that a milestone for a Product in the Exclusive Field is missed by more than * as specified in Section 3A(iii)(d), or commencement of Federal Regulations.clinical trials or product launch for Therapeutic Products is delayed as specified in Section 7A, or Geron ceases active development of a cell type for therapeutic and diagnostic purposes for 12 months as specified in Section 7D.

Certain Warranties. X. A. XXXX warrants that (i) except as otherwise provided under Section 14 of this Agreement with respect to U.S. Government interests, it is the owner of the Licensed Patents or otherwise has the right to grant the licenses granted to Licensee in this Agreement. However, and (ii) to the best of XXXX’x knowledge, no third party has made any claim or initiated any litigation or other proceeding that challenges the validity or scope of the Licensed Patents. Nothing nothing in this Agreement shall be construed as: (i) except as provided above, a warranty or representation by XXXX WXXX as to the validity or scope of any of the Licensed Patents; (ii) except as provided above, a warranty or representation by XXXX that anything made, used, sold or otherwise disposed of under the license granted in this Agreement will or will not infringe patents of third parties; or (iii) an obligation to furnish any know—-how not provided in the Licensed Patents or any services other than those specified in this Agreement. Neuro One Exclusive License 14-00333 5 final Page 5 of 18 * Information redacted pursuant to a confidential treatment request and submitted separately with the Securities and Exchange Commission. X. B. XXXX MAKES NO REPRESENTATIONS, EXTENDS NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND ASSUMES NO RESPONSIBILITIES WHATSOEVER WITH RESPECT TO THE USE, SALE, OR OTHER DISPOSITION BY LICENSEE LICENSEE, ITS SUBLICENSEE(S) OR ITS THEIR VENDEES OR OTHER TRANSFEREES OF PRODUCTS INCORPORATING OR MADE BY USE OE OF INVENTIONS LICENSED UNDER THIS AGREEMENT. C. Licensee represents and warrants that Products produced under the license granted herein shall be manufactured substantially in the United States as required by 35 U.S.C U.S.0 § 204 and applicable regulations of Chapter 37 of the Code of Federal Regulations.

Certain Warranties. X. XXXX warrants that (i) except as otherwise provided under Section 14 of this Agreement with respect to U.S. Government interests, it is the owner of the Licensed Patents or otherwise has the right to grant the licenses granted to Licensee in this Agreement. However, and (ii) to the best of XXXX’x knowledge, no third party has made any claim or initiated any litigation or other proceeding that challenges the validity or scope of the Licensed Patents. Nothing nothing in this Agreement shall be construed as: (i) except as provided above, a warranty or representation by XXXX as to the validity or scope of any of the Licensed Patents; (ii) except as provided above, a warranty or representation by XXXX that anything made, used, sold or otherwise disposed of under the license granted in this Agreement will or will not infringe patents of third parties; or (iii) an obligation to furnish any know—-how not provided in the Licensed Patents or any services other than those specified in this Agreement. X. XXXX MAKES NO REPRESENTATIONS, EXTENDS NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND ASSUMES NO RESPONSIBILITIES WHATSOEVER WITH RESPECT TO THE USE, SALE, OR OTHER DISPOSITION BY LICENSEE LICENSEE, ITS SUBLICENSEE(S) OR ITS THEIR VENDEES OR OTHER TRANSFEREES OF PRODUCTS INCORPORATING OR MADE BY USE OE OF INVENTIONS LICENSED UNDER THIS AGREEMENT. C. Licensee represents and warrants that Products produced under the license granted herein shall be manufactured substantially in the United States as required by 35 U.S.C U.S.0 § 204 and applicable regulations of Chapter 37 of the Code of Federal Regulations.

Certain Warranties. X. XXXX XxXxx warrants that (i) except as otherwise provided under Section 14 of this Agreement with respect to U.S. Government interests, it is the owner of the Licensed Patents or otherwise has the right to grant the licenses granted to Licensee in this Agreement. However, and (ii) to the best of XXXX’x knowledge, no third party has made any claim or initiated any litigation or other proceeding that challenges the validity or scope of the Licensed Patents. Nothing nothing in this Agreement shall be construed as: (i) except as provided above, a warranty or representation by XXXX WiSys as to the validity or scope of any of the Licensed Patents; (ii) except as provided above, a warranty or representation by XXXX that anything made, used, sold or otherwise disposed of under the license granted in this Agreement will or will not infringe patents of third parties; or (iii) an obligation to furnish any know—-how not provided in the Licensed Patents or any services other than those specified in this Agreement. X. XXXX B. WISYS MAKES NO REPRESENTATIONS, EXTENDS NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND ASSUMES NO RESPONSIBILITIES WHATSOEVER WITH RESPECT TO THE USE, SALE, OR OTHER DISPOSITION BY LICENSEE OR ITS VENDEES OR OTHER TRANSFEREES OF PRODUCTS INCORPORATING OR MADE BY USE OE OF INVENTIONS LICENSED UNDER THIS AGREEMENT. C. Licensee represents and warrants that Products produced under the license granted herein shall be manufactured substantially in the United States as required by 35 U.S.C § 204 and applicable regulations of Chapter 37 of the Code of Federal Regulations.

Certain Warranties. X. XXXX A. CCF warrants that (i) except as otherwise provided under Section 14 1.15 of this Agreement Article I with respect to U.S. Government interests, it is the owner of the Licensed Patents or otherwise has the right to grant the licenses granted to Licensee Z-KAT in this AgreementArticle I. However, and (ii) to the best of XXXX’x knowledge, no third party has made any claim or initiated any litigation or other proceeding that challenges the validity or scope of the Licensed Patents. Nothing nothing in this Master Agreement shall be construed as: (i) except as provided above, a warranty or representation by XXXX CCF as to the validity or scope of any of the Licensed Patents; (ii) except as provided above, a warranty or representation by XXXX that anything made, used, sold or otherwise disposed of under the license granted in this Master Agreement will or will not infringe patents of third parties; or (iii) an obligation to furnish any know—-how not already in the possession of Z-KAT or not provided in the Licensed Patents or any services other than those services, unless otherwise expressly specified in this Master Agreement or in agreements contemplated by this Master Agreement. X. XXXX B. CCF MAKES NO REPRESENTATIONS, EXTENDS NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND ASSUMES NO RESPONSIBILITIES WHATSOEVER WITH RESPECT TO USE, SALE, OR OTHER DISPOSITION BY LICENSEE Z-KAT OR ITS VENDEES OR OTHER TRANSFEREES OF PRODUCTS INCORPORATING OR MADE BY USE OE OF INVENTIONS LICENSED UNDER THIS AGREEMENT.ARTICLE I. C. Licensee Z-KAT represents and warrants that Products produced under the license granted herein shall be manufactured substantially in the United States as required by 35 U.S.C [***] Confidential treatment has been requested for portions of this exhibit. The copy filed herewith omits the information subject to the confidentiality request. Omissions are designated as [***]. A complete version of this exhibit has been filed separately with the Securities and Exchange Commission. § 204 and applicable regulations of Chapter 37 of the Code of Federal Regulations.. Certain products and/or components of products may be manufactured outside the U.S.

Certain Warranties. X. XXXX XxXxx warrants that (i) except as otherwise provided under Section 14 14. of this Agreement with respect to U.S. Government interests, it is the owner of the Licensed Patents or otherwise has the right to grant the licenses granted to Licensee in this Agreement. However, and (ii) to the best of XXXX’x knowledge, no third party has made any claim or initiated any litigation or other proceeding that challenges the validity or scope of the Licensed Patents. Nothing nothing in this Agreement shall be construed as: (i) except as provided above, a warranty or representation by XXXX WiSys as to the validity or scope of any of the Licensed Patents; (ii) except as provided above, a warranty or representation by XXXX that anything made, used, sold or otherwise disposed of under the license granted in this Agreement will or will not infringe patents of third parties; or (iii) an obligation to furnish any know—-how not provided in the Licensed Patents or any services other than those specified in this Agreement. X. XXXX B. WISYS MAKES NO REPRESENTATIONS, EXTENDS NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND ASSUMES NO RESPONSIBILITIES WHATSOEVER WITH RESPECT TO THE USE, SALE, OR OTHER DISPOSITION BY LICENSEE LICENSEE, ITS SUBLICENSEE(S), OR ITS THEIR VENDEES OR OTHER TRANSFEREES TRANSFEREES, OF PRODUCTS INCORPORATING OR MADE BY USE OE OF INVENTIONS LICENSED UNDER THIS AGREEMENT. C. Licensee represents and warrants that Products produced under the license granted herein shall be manufactured substantially in the United States as required by 35 U.S.C § 204 and applicable regulations of Chapter 37 of the Code of Federal Regulations.