Common use of Litigation; Products Liability Clause in Contracts

Litigation; Products Liability. Except as set forth in Section 5.10 to the ALARIS Disclosure Schedule, there is no suit, claim, action, proceeding, hearing, notice of violation, demand letter or investigation (an “Action”) pending before any Governmental Authority, or, to the knowledge of ALARIS (or its executive officers or directors), threatened, against ALARIS or any of its subsidiaries or any executive officer or director of ALARIS or any of its subsidiaries which, if adversely determined would be material. Neither ALARIS nor any of its subsidiaries is subject to any outstanding order, writ, injunction or decree of any Governmental Authority having jurisdiction that, individually or in the aggregate, insofar as can be reasonably foreseen, could have a Material Adverse Effect on ALARIS or a material adverse effect on the ability of ALARIS to consummate the transactions contemplated by this Agreement. Except as set forth in Section 5.10 to the ALARIS Disclosure Schedule, since January 1, 2001, neither ALARIS nor any of its subsidiaries have been subject to any outstanding order, writ, injunction or decree of any Governmental Authority having jurisdiction relating to ALARIS’ or any of its subsidiaries’ method of doing business or its or their relationship with past, existing or potential users or purchasers of any goods or services of ALARIS or any of its subsidiaries. Except as set forth in Section 5.10 to the ALARIS Disclosure Schedule, there is no Action presently pending, or, to the knowledge of ALARIS (or its executive officers or directors), threatened, against ALARIS relating to any alleged hazard or alleged defect in design, manufacture, materials or workmanship, including any failure to warn or alleged breach of express or implied warranty or representation, relating to any product manufactured, distributed or sold by or on behalf of ALARIS or any of its subsidiaries. Except as set forth in Section 5.10(b) to the ALARIS Disclosure Schedule, neither ALARIS nor any of its subsidiaries has extended to its customers any written product warranties, indemnifications or guarantees other than those extended from time to time in the ordinary course of business.

Litigation; Products Liability. Except as set forth in Section 5.10 to the ALARIS Company Disclosure Schedule, there is no suit, claim, action, proceeding, hearing, notice of violation, demand letter letter, investigation, opposition, interference, reexamination, mediation or investigation arbitration (an “Action”) pending before any Governmental Authority, or, to the knowledge of ALARIS (or its executive officers or directors)the Company, threatened, against ALARIS the Company or any of its subsidiaries or any executive officer or director of ALARIS the Company or any of its subsidiaries (including any Action challenging the validity, scope, inventorship, enforceability or ownership of any Intellectual Property owned or in-licensed by the Company or any of its subsidiaries) which, if adversely determined determined, would be materialmaterial to the Company. Neither ALARIS the Company nor any of its subsidiaries is subject to any outstanding order, writ, injunction or decree of any Governmental Authority having jurisdiction that, individually or in the aggregate, insofar as can has had or would reasonably be reasonably foreseen, could expected to have a Material Adverse Effect on ALARIS or a material adverse effect on the ability of ALARIS to consummate the transactions contemplated by this AgreementCompany. Except as set forth in Section 5.10 to the ALARIS Company Disclosure Schedule, since January 1, 20012002, neither ALARIS nor any of its subsidiaries have there has been subject to any outstanding no order, writ, injunction or decree of any Governmental Authority having jurisdiction relating to ALARIS’ imposed upon the Company or any of its subsidiaries’ method of doing business subsidiaries or its or their relationship with past, existing or potential users or purchasers of any goods or services of ALARIS or by which any of its subsidiariesthem is bound. Except as set forth in Section 5.10 to the ALARIS Company Disclosure Schedule, there is no Action presently pending, or, to the knowledge of ALARIS (or its executive officers or directors)the Company, threatened, against ALARIS the Company relating to any alleged hazard or alleged defect in design, manufacture, materials or workmanship, including any failure to warn or alleged breach of express or implied warranty or representation, relating to any product manufactured, distributed or sold by or on behalf of ALARIS the Company or any of its subsidiaries. Except as set forth in Section 5.10(b) to the ALARIS Company Disclosure Schedule, neither ALARIS the Company nor any of its subsidiaries has extended to its customers any written product warranties, indemnifications or guarantees other than those extended from time to time in the ordinary course of businessguarantees.

Litigation; Products Liability. Except as set forth in Section 5.10 to the ALARIS Company Disclosure Schedule, there is no suit, claim, action, proceeding, hearing, notice of violation, demand letter letter, investigation, opposition, interference, reexamination, mediation or investigation arbitration (an “"Action”") pending before any Governmental Authority, or, to the knowledge of ALARIS (or its executive officers or directors)the Company, threatened, against ALARIS the Company or any of its subsidiaries or any executive officer or director of ALARIS the Company or any of its subsidiaries (including any Action challenging the validity, scope, inventorship, enforceability or ownership of any Intellectual Property owned or in-licensed by the Company or any of its subsidiaries) which, if adversely determined determined, would be materialmaterial to the Company. Neither ALARIS the Company nor any of its subsidiaries is subject to any outstanding order, writ, injunction or decree of any Governmental Authority having jurisdiction that, individually or in the aggregate, insofar as can has had or would reasonably be reasonably foreseen, could expected to have a Material Adverse Effect on ALARIS or a material adverse effect on the ability of ALARIS to consummate the transactions contemplated by this AgreementCompany. Except as set forth in Section 5.10 to the ALARIS Company Disclosure Schedule, since January 1, 20012002, neither ALARIS nor any of its subsidiaries have there has been subject to any outstanding no order, writ, injunction or decree of any Governmental Authority having jurisdiction relating to ALARIS’ imposed upon the Company or any of its subsidiaries’ method of doing business subsidiaries or its or their relationship with past, existing or potential users or purchasers of any goods or services of ALARIS or by which any of its subsidiariesthem is bound. Except as set forth in Section 5.10 to the ALARIS Company Disclosure Schedule, there is no Action presently pending, or, to the knowledge of ALARIS (or its executive officers or directors)the Company, threatened, against ALARIS the Company relating to any alleged hazard or alleged defect in design, manufacture, materials or workmanship, including any failure to warn or alleged breach of express or implied warranty or representation, relating to any product manufactured, distributed or sold by or on behalf of ALARIS the Company or any of its subsidiaries. Except as set forth in Section 5.10(b) to the ALARIS Company Disclosure Schedule, neither ALARIS the Company nor any of its subsidiaries has extended to its customers any written product warranties, indemnifications or guarantees other than those extended from time to time in the ordinary course of businessguarantees.