Infringement; Not Misbranded; Indemnification. Cedarburg Xxxxxx represents and warrants that (a) it will not knowingly infringe on third party intellectual property rights, and (b) the Materials are not adulterated or misbranded within the meaning of the FD&C Act and are not articles, under that the FD&C Act, that should not be introduced into interstate commerce. The foregoing shall be included as representations and warranties under the MSA, and more specifically with respect to those made pursuant to this Section 2.6(b), under Section 5(g) of the MSA. For purposes of this Supply Agreement, Cedarburg’s indemnification obligations [***].
Appears in 4 contracts
Samples: Supply Agreement, Supply Agreement (Avedro Inc), Supply Agreement (Avedro Inc)