Infringement Misappropriation Sample Clauses
The 'Infringement; Misappropriation' clause defines the parties' responsibilities and liabilities in the event that one party's actions infringe upon or misappropriate the intellectual property rights of a third party. Typically, this clause outlines procedures for notification, defense, and indemnification if a claim arises, and may specify remedies such as modifying or replacing infringing materials. Its core function is to allocate risk and provide a clear process for addressing potential intellectual property disputes, thereby protecting both parties from unforeseen legal exposure.
Infringement Misappropriation. (i) To ATL’s Knowledge, Cortendo’s exercise of the rights granted under the Licence as permitted under this agreement will not infringe any Third Party’s Intellectual Property Rights.
(ii) ATL has not received any written notice from any Third Party asserting or alleging, nor to ATL’s Knowledge is there, any basis for any assertion or allegation, that any use, research, manufacture or development of ATL1103 by ATL prior to the Start Date infringed or misappropriated the Intellectual Property Rights of such Third Party.
Infringement Misappropriation. ▇▇. ▇▇▇▇▇▇▇ warrants that he has received no notice that the manufacture, use, or sale of any Products or the use of Technology is an infringement or misappropriation of the right of any third party and that to the best of his knowledge and belief, the manufacture, use, or sale of Products or the use of the Technology is not an infringement or misappropriation of the rights of any third party. In the event CryoLife is obliged to defend any action for such infringement or misappropriation of any patents held by any third party, ▇▇. ▇▇▇▇▇▇▇ shall provide such assistance, including the furnishing of documents and information and the execution of all necessary documents as CryoLife may reasonably require, but under no circumstances does ▇▇. ▇▇▇▇▇▇▇ warrant or guarantee that the Products or the Technology is not or will not be in infringement or misappropriation of any patent rights of any third party. No monies received by ▇▇. ▇▇▇▇▇▇▇ from CryoLife shall be returned to CryoLife in the event of a third party suit, whether or not it is successful. ▇▇. ▇▇▇▇▇▇▇ does not warrant or represent that the Products or the Technology is free of infringement of any patent that may be existent at any time and ▇▇. ▇▇▇▇▇▇▇ does not offer or extend any indemnity for infringement of any patent, including those which may at any time be in existence at a place of business of CryoLife or the place of manufacture of the Products.
Infringement Misappropriation. The Waste Operator shall indemnify and hold harmless Client, its customers, Affiliates and their customers, officers, directors, and employees from and against all losses, claims, damages, liabilities, fines, penalties, and expenses (including reasonable attorneys' fees) that result from any and all claims of infringement by a third party of any patent or copyright, or misappropriation of any trademark or trade secret, or other Intellectual Property Rights. Without restricting generality of the foregoing clause 7.4, Waste Operator explicitly acknowledges and undertakes not to reuse or sell any of the Waste collected under this Agreement. In the event the Waste Operator uses and sells such Waste and as a result is subject to a third-party claim for infringement of Intellectual Property Rights, the Waste Operator shall indemnify and hold harmless the Client against losses or costs that arise out of such infringement.
Infringement Misappropriation. Assembler hereby represents and warrants that the Housing will be an original work of Assembler (without any unauthorized third party contribution or contents) and will not to its knowledge (a) infringe any patent, copyright, trademark, trade dress, trade secret or other proprietary right of any third party, or (b) misappropriate any trade secret of any third party.
Infringement Misappropriation. Manufacturer hereby represents and warrants that the Products provided to Assembler under this Agreement do not to its knowledge (a) infringe any patent, copyright, trademark, trade dress, trade secret or other proprietary right of any third party, or (b) misappropriate any trade secret of any third party.
Infringement Misappropriation