HYMEDIX Sample Clauses

HYMEDIX. Hymedix hereby represents and warrants to ProCyte that: (a) Notwithstanding anything to the contrary in this Agreement, its execution, delivery and performance of this Agreement will not conflict with, violate, breach or constitute a default or require any consent under any contractual obligations of its Affiliates, including Hymedix, Inc. (b) Hymedix and its Affiliates have not granted, and will not grant during the term of this Agreement, any rights or licenses in the Licensed Technology in the Territory for the Field. (c) Exhibit 1.22 contains a list of all current patents and patent applications owned or controlled (including licensed) by Hymedix or its Affiliates that Hymedix believes may have some usefulness in the Territory for the Field and that are included in the Licensed Technology. All such patents and patent applications have been assigned to Hymedix or, with respect to [CONFIDENTIAL TREATMENT REQUESTED], have been licensed to SKY, which has sublicensed them to Hymedix pursuant to the SKY Agreement. (d) Except for Licensed Technology licensed by Hymedix under the SKY Agreement, all the current Licensed Technology is owned by Hymedix and none of it is licensed from third parties. The Licensed Technology is free and clear of any liens, claims, encumbrances or rights of others for use in the Territory for the Field. (e) True and correct copies of the Europa Agreement, SKY Agreement and Xxxx Agreement have been delivered to ProCyte, which agreements have not been modified, changed, waived or materially breached in any respect. True and correct copies of all other agreements of Hymedix or its Affiliates relating to any of the Licensed Technology or any products to be made through the use of the Licensed Technology have been delivered to ProCyte, which agreements have not been modified, changed or waived in any respect. Except for the SKY Agreement and Xxxx Agreement, Hymedix and its Affiliates have no other agreements or understandings with SKY or Xx. Xxxxxxxx Xxxx. (f) Hymedix or its Affiliates have not received or been notified of any claim of infringement or misappropriation of any alleged rights asserted by another party that relate to the Licensed Technology in the Territory for the Field. (g) The making, using and selling of polymers and hydrogels described in the patents and patent applications set forth in Exhibit 1.22, the six (6) current products of Hymedix for wound care set forth in Exhibit 8 or other Products based on the Licensed Tech...
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