Common use of No Assurance of Patents Clause in Contracts

No Assurance of Patents. MAS represents and warrants to IllumeSys that, and IllumeSys 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 Licensed 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 2.2 relating to such claim will be effectively deleted from this Agreement. However, in respect to Section 2.2, there shall be no retroactive adjustment.

Appears in 3 contracts

Samples: Settlement Agreement (Ciphergen Biosystems Inc), Settlement Agreement (Ciphergen Biosystems Inc), Settlement Agreement (Ciphergen Biosystems Inc)

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No Assurance of Patents. MAS represents and warrants to IllumeSys that, and IllumeSys 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 Licensed 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 2.2 relating to such claim will be effectively deleted from this Agreement. However, in with respect to Section 2.2, there shall be no retroactive adjustment.

Appears in 1 contract

Samples: Technology Transfer Agreement (Ciphergen Biosystems Inc)

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