Common use of No Assurance of Patents Clause in Contracts

No Assurance of Patents. MAS represents and warrants to LumiGen that, and LumiGen represents and warrants to MAS that it understands that, there is no assurance that any patents included in the Patent Rights or any patent applications subsequently filed on the Baylor Technology will actually be issued. In the event that any claim within the Patent Rights is disallowed in a final rejection by the United States Patent Office, then the provisions of Section 2.3 will be effectively deleted from this Agreement. However, in respect to Section 2.3, there shall be no reimbursement of, or any other retroactive adjustment in, the royalties previously paid to MAS.

No Assurance of Patents. MAS represents and warrants to LumiGen LumiCyte that, and LumiGen LumiCyte represents and warrants to MAS that it understands that, there is no assurance that any additional patents included in the Patent Rights or any patent applications subsequently filed on the Baylor Technology will actually be issued. In the event that any claim within the Patent Rights is disallowed in a final rejection by the United States Patent Office, then the provisions of Section 2.3 2.2 will be effectively deleted from this Agreement. However, in respect to Section 2.32.2, there shall be no reimbursement of, or any other retroactive adjustment in, the royalties previously paid to MAS.