Mutual Warranties and Representations. Each of the parties warrants and represents to the other as follows:
Mutual Warranties and Representations. Each Party represents and warrants the following:
Mutual Warranties and Representations. Both parties warrant and represent that no act or omission hereunder will violate any right or interest of any person of firms or will subject the other party to any liability or claim of liability to any person. Both parties warrant that they are under no disability, restriction or prohibition with respect to their rights to execute this Agreement and perform its terms and conditions. Both parties agree to indemnify the other party and to hold the other party harmless against any damages, costs, expenses, fees (including attorney’s fees) incurred by the other party in any claim, suit or proceeding instituted against the other party in which any assertion is made which is inconsistent with any warranty, representation or covenant of that party. A party’s obligation to indemnify shall be conditioned upon the prompt notice of an asserted claim for which indemnification may be sought and upon that party’s right to intervene and participate, at its own expense, in defense of the claim.
Mutual Warranties and Representations. Redacted: Commercially Sensitive Information Each party represents and warrants to the other party, which representations and warranties shall remain true and accurate throughout the Term, that:
Mutual Warranties and Representations. The Parties recognize that the exchange and cross-licensing of TDP Technology is intended for their mutual benefit and that neither party, at the time of this Agreement, is able to determine the legal status of the TDP Technology subject to licensing under this Agreement. Accordingly, neither party represents or warrants that TDP Technology, other than the technology developed by the Parties themselves, is patented or patentable, copyrighted or copyrightable, or subject to protection under the law of trade secrets, and do not represent or warrant that such technology is free of any third-party claims of infringement or misappropriation. Notwithstanding the absence of representations and warranties with respect to any such Technology that one party may furnish to the other, the furnishing party shall make reasonable inquiry and by delivering the Technology to the other Party shall be deemed to then represent and warrant that it knows of no infringement or misappropriation claims actual or likely with respect to such Technology. Such inquiry shall not include the duty to conduct a patent infringement searches or like level of investigation.
Mutual Warranties and Representations. The parties warrant and represent that: (a) the individuals executing this Agreement on their behalves have the full power, authority, legal right and capacity to execute and deliver this Agreement; (b) that such parties have the full power, authority and legal right to perform the terms of this Agreement on the respective parties’ parts required; (c) that this Agreement constitutes such parties’ valid and binding obligation, enforceable in accordance with its terms, (d) neither the execution and delivery of this Agreement nor the fulfillment of the terms, conditions and provisions hereof: (i) constitutes or will constitute a breach of any existing and outstanding contractual or other obligation of the such party; or (ii) will violate any provision of law, any provision of the instrument or instruments by which the party has been created or of any other instrument by which they may be bound.
Mutual Warranties and Representations. 31.1 Lifecore and Mentor each represent and warrant to the other that it is duly organized, validly existing and in good standing under the laws of the State or Commonwealth (as applicable) in which incorporated, and that it has full corporate power and authority to carry on the business presently being conducted by it and to enter into and to perform its obligations under this Agreement.
Mutual Warranties and Representations
