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.
Appears in 4 contracts
Samples: Patent License Agreement (CareDx, Inc.), Patent License Agreement (CareDx, Inc.), Patent License Agreement (CareDx, Inc.)
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 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 MERCHANTABILITYOf MERCHANTABITITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
11.3 ED LCE 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 EDLCE, including its officers, directors, agents and employees, of the Licensed Technology or the performance of the Licensed Services Services,, except, and only to the extent, extent that such Damages are caused solely by the negligence or willful misconduct of RMS.
Appears in 2 contracts
Samples: Patent License Agreement (Cardiodx Inc), Patent License Agreement (Cardiodx Inc)
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) 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 patents specified in Licensed Technology, regardless of whether such other patents and patent applications are dominant or subordinate to the patents those in Licensed Technology;
f) an obligation to furnish any know-how not provided in Licensed Technology; or
g) creating any agency, partnership, joint venture or similar relationship between RMS and SLI.
11.2 RMS MAKES NO EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENTPURPOSE.
11.3 ED SLI 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 EDSLI, including its officers, directors, agents and employees, of the Licensed Technology or the performance of the Licensed Services except, and only to the extent, extent that such Damages are caused solely by the negligence or willful misconduct of RMS.
Appears in 1 contract
Samples: Expanded PCR Diagnostic Services Agreement (Specialty Laboratories)
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 GH 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 EDGH, 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.
Appears in 1 contract
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 RGI 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 EDRGI, 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.
Appears in 1 contract
