Negation of Warranties and Indemnity. 11.1 Nothing in this Agreement shall be construed as:
a) a warranty or representation by RMS as to the validity or scope of any patent included within the Licensed Technology;
b) a warranty or representation that the use of the Licensed Technology and/or the performance of Licensed Services are or will be free from infringement of patents of Third Parties;
c) an obligation to bring or prosecute actions or suits against Third Parties for infringement; or
d) conferring by implication, estoppel or otherwise any license, right or immunity under any patents or patent applications of RMS other than those patents specified in Licensed Technology, regardless of whether such other patents and patent applications are dominant or subordinate to the patents in Licensed Technology.
11.2 RMS MAKES NO EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
11.3 ED shall assume full responsibility for its use of the Licensed Technology and shall defend, indemnify and hold RMS and its Affiliates harmless from and against all liability, demands, damages, expenses (including attorneys’ and experts’ fees) and losses for death, personal injury, illness, errors, property damage or any other injury or damage, including any damages or expenses arising in connection with state or federal regulatory action (collectively “Damages”), arising or resulting from or otherwise concerning the use by ED, including its officers, directors, agents and employees, of the Licensed Technology or the performance of the Licensed Services except, and only to the extent, that such Damages are caused solely by the negligence or willful misconduct of RMS.
Negation of Warranties and Indemnity. 10.1 Nothing in this Agreement shall be construed as:
a) a warranty or representation by ROCHE as to the validity or scope of any patent included within TAQ PATENT RIGHTS, AMPLIFICATION PATENT RIGHTS or SEQUENCING PATENT RIGHTS;
b) a warranty or representation that the practice of TAQ PATENT RIGHTS, AMPLIFICATION PATENT RIGHTS or SEQUENCING PATENT RIGHTS is or will be free from infringement of patents of third parties;
c) an obligation to bring or prosecute actions or suits against third parties for infringement, provided however, that this clause shall not alter SCS' rights and ROCHE's obligations under Section 7.1;
d) except as expressly set forth herein, conferring the right to use in advertising, publicity or otherwise any trademark, trade name, or names, or any contraction, abbreviation, simulation or adaptation thereof, of ROCHE or P-E;
e) conferring by implication, estoppel or otherwise any licenses, immunities or rights under any patents or patent applications of ROCHE other than those specified in TAQ PATENT RIGHTS and AMPLIFICATION PATENT RIGHTS and SEQUENCING PATENT RIGHTS, regardless of whether such other patents or patent applications are dominant or subordinate to those in TAQ PATENT RIGHTS, AMPLIFICATION PATENT RIGHTS or SEQUENCING PATENT RIGHTS, or under any thermal cycler or other instrument patent, or to perform PCR in a thermal cycler that is not an AUTHORIZED THERMAL CYCLER or a LICENSED THERMAL CYCLER, or to make or sell any thermal cycler or other instrument for the automated performance of the PCR Process;
f) an obligation to furnish any know-how not provided in TAQ PATENT RIGHTS, AMPLIFICATION PATENT RIGHTS, and SEQUENCING PATENT RIGHTS; or
g) creating any agency, partnership, joint venture or similar relationship between ROCHE and/or P-E on the one hand, and SCS on the other hand.
10.2 ROCHE MAKES NO EXPRESS OR IMLIED WARRANTIES OF MERCHANTABILTY OR FITNESS FOR A PARTICULAR PURPOSE.
10.3 Notwithstanding the foregoing, ROCHE warrants and represents that it has the right and authority to enter into this Agreement and to grant the licenses provided in Sections 2 and 5.
Negation of Warranties and Indemnity. 12.1. Nothing in this Agreement shall be construed as:
a) a warranty or representation by Roche as to the validity or scope of any Licensed Technology;
b) a warranty or representation that the practice of the Licensed Technology is or will be free from infringement of patents of Third Parties (however, Roche is not aware of any such infringement and no such claim has been made);
c) an obligation to bring or prosecute actions or suits against Third Parties for infringement;
d) except as expressly set forth herein, conferring the right to use in advertising, publicity or otherwise any trademark, trade name, or names, or any contraction, abbreviation, simulation or adaptation thereof, of Roche;
e) conferring by implication, estoppel or otherwise any license, right or immunity under any patents or patent applications of Roche other than those specified in PCR Technology, regardless of whether such patents and patent applications are dominant or subordinate to those in PCR Technology;
f) an obligation to furnish any know-how not provided in PCR Technology; or
g) creating any agency, partnership, joint venture or similar relationship between Roche and Specialty Labs.
12.2. ROCHE MAKES NO EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
12.3. Specialty Labs acknowledges that the technology licensed hereby is experimental in nature and agrees to take all reasonable precautions to prevent death, personal injury, illness and property damage from the use of such technology. Specialty Labs shall assume full responsibility for its use of the Licensed Technology and shall defend, indemnify and hold Roche harmless from and against all liability, demands, damages, expenses (including attorneys' fees) and losses for death, personal injury, illness, property damage or any other injury or damage, including any damages or expenses arising in connection with state or federal regulatory action in view of the use by Specialty Labs of the Licensed Technology, except that Specialty Labs shall not be liable to Roche for injury or damage arising solely because of Roche's negligence. As used in this Section, "Specialty Labs" includes its officers, directors, agents and employees.
12.4. Roche warrants and represents that it has the right and power to grant this immunity from suit to Specialty Labs and that the granting of such immunity does not require the consent or approval of a Third Party. Roche does hereby place Specialty Labs on notice, howev...
Negation of Warranties and Indemnity. 10.1 Nothing in this Agreement shall be construed as: (a) a warranty or representation by Perkin-Elmer as to the validity or scope of any patent; (b) a warranxx xx xxxxxxentation that the practice under the Amplification Patent Rights is or will be free from infringement of patents of Third Parties; (c) an authority or obligation to sublicense or to sue Third Parties for infringement; (d) except as expressly set fortx xerein, conferring the right to use in advertising, publicity or otherwise, in any form, the name of, or any trademark or trade name of, Perkin-Elmer or Roche; (e) conferring -11- xx implication, estoppel or otherwise any license, immunity or right under any patent owned by or licensed to Perkin-Elmer or Roche other than those specified, regardless of whetxxx xxxx xxxent is dominant or subordinate to the Amplification Patent Rights; (f) an obligation to furnish any know-how; or (g) creating any agency, partnership, joint venture or similar relationship between Perkin-Elmer or Roche and Thermal Cycler Supplier.
10.2 PERXXX-XXXXX XXKES XX XXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILIXX XX XXXXXXS FOR A PARTICULAR PURPOSE.
10.3 Thermal Cycler Supplier agrees to take all reasonable precautions to prevent death, personal injury, illness and property damage from the use of Authorized Thermal Cyclers. Thermal Cycler Supplier shall assume full responsibility for its operation under the Amplification Patent Rights, the manufacture of Authorized Thermal Cyclers and the use thereof and shall defend, indemnify and hold Perkin-Elmer harmless from and against all liability, demands, damagxx, xxxxxxxx (including attorneys' fees) and losses for death, personal injury, illness, property damage or any other injury or damage, including any damages or expenses arising in connection with state or federal regulatory action, in view of the use by Thermal Cycler Supplier, its officers, directors, agents and employees of the Amplification Patent Rights, and the manufacture and use of Authorized Thermal Cyclers except that Thermal Cycler Supplier shall not be liable to Perkin-Elmer for injury or damage arising solely out of or resulting xxxx Xxxxxx-Elmer's negligence, willful conduct or intentional acts or intentional omissions with respect to a Perkin-Elmer- supplied product.
Negation of Warranties and Indemnity. Nothing in this Agreement shall be construed as:
a) a warranty or representation by ROCHE as to the validity or scope of any Licensed Patent;
b) a warranty or representation that the sale of Complete Diagnostic Kits by LCE or its Affiliates and/or the use of such Complete Diagnostic Kits (including Licensed Products) by LCE’s or its Affiliate’s customers is or will be free from infringement of patents not licensed hereunder; Osmetech – Contract No. 17852 7
c) an obligation to bring or prosecute actions or suits against third parties for infringement of Licensed Patents; or
d) conferring by implication or otherwise any license or rights under any patents, know-how or other industrial property rights of ROCHE other than expressly granted hereunder.
Negation of Warranties and Indemnity. 12.1 Nothing in this Agreement shall be construed as:
a) a warranty or representation by RMS as to the validity or scope of any PCR TECHNOLOGY;
b) a warranty or representation that the practice of the PCR TECHNOLOGY is or will be free from infringement of patents of THIRD PARTIES;
c) an obligation to bring or prosecute actions or suits against THIRD PARTIES for infringement;
d) except as expressly set forth herein, conferring the right to use in advertising, publicity or otherwise any trademark, trade name, or names, or any contraction, abbreviation, simulation or adaptation thereof, of RMS;
e) conferring by implication, estoppel or otherwise any license, right or immunity under any patents or patent applications of RMS other than those specified in PCR TECHNOLOGY, regardless of whether
Negation of Warranties and Indemnity. (1) Except as expressly set forth in this Agreement, nothing in this Agreement is or shall be construed as:
(a) a warranty or representation by either party as to the validity or scope of any IP Rights.
(b) a warranty or representation that anything made, used, sold or otherwise disposed of under this license is or will be free from infringement of patents, copyrights and other rights of third parties;
(c) an obligation to bring or prosecute actions or suits against third parties for infringement, except to the extent and in the circumstances described in Article 9; or
(d) granting by implication, estoppel or otherwise any licenses or rights under any technology or patents other than expressly licensed by this Agreement.
Negation of Warranties and Indemnity. 10.1 Nothing in this Agreement shall be construed as:
(a) a warranty or representation by PE CORP as to the validity or scope of any patent; (b) a warranty or representation that the practice under the Amplification Patent Rights or the Amplification System Patent Rights is or will be free from infringement of patents of Third Patties; (c) an authority or obligation to sublicense or to sue
Negation of Warranties and Indemnity. 4.1. Nothing in this Agreement shall be construed as a warranty or representation by the Licensor as to the validity or scope of the Product.
Negation of Warranties and Indemnity. 10.1 Nothing in this Agreement shall be construed as:
a) a warranty or representation by ROCHE as to the validity or scope of any patent included within TAQ PATENT RIGHTS, AMPLIFICATION PATENT RIGHTS or SEQUENCING PATENT RIGHTS;
b) a warranty or representation that the practice of TAQ PATENT RIGHTS, AMPLIFICATION PATENT RIGHTS or SEQUENCING PATENT RIGHTS is or will be free from infringement of patents of third parties;
c) an obligation to bring or prosecute actions or suits against third parties for infringement, provided however, that this clause shall not alter SCS' rights and ROCHE's obligations under Section 7.1;
