No Implied Obligation. 6 No implied obligation of any kind by or on behalf of the Owner shall arise from anything in the Contract, and the express covenants and agreements herein contained and made by the Owner are and shall be the only covenants and agreements upon which any rights against the Owner are to be founded, and, without limiting the generality of the foregoing, the Contract supersedes all communications, negotiations and agreements, either written or oral, relating to the Work and made prior to the date of the Contract. 7 Time is of the essence of the Contract.
No Implied Obligation. Nothing in the Agreement shall obligate ABX to use the Selection Slot reserved for CGI in the manner set forth in Section 5.1 or to exploit the residual rights for non-Gene Therapy applications of Covered Products related to a CGI Antigen as set forth in Section 5.2, nor shall ABX have any implied obligation or duty to Sublicense any such rights to a third party.
No Implied Obligation. Nothing in this clause imposes any obligation on any of the Tubridgi Parties to take any steps to modify the technical, practical or physical limitations of the Tubridgi Pipeline System or to cause or procure the delivery of Gas into the Tubridgi Pipeline System or to ensure that Gas is delivered into the Tubridgi Pipeline System at pressures within the limits specified from time to time by or on behalf of the Tubridgi Parties.
No Implied Obligation. Nothing contained in this Agreement shall be construed as:
(a) a warranty or representation by either of the Parties to this Agreement as to the validity, enforceability or scope of any class or type of intellectual property assigned or licensed hereunder;
(b) a warranty or representation that any manufacture, sale, lease, use or other disposition of the Pre-existing Product Designs, Tangible Design Package, Supporting Materials or any products based on any of the foregoing will be free from infringement, misappropriation or other violation of any Patent Rights or other intellectual property rights other than the intellectual property licensed hereunder;
(c) an agreement to bring or prosecute proceedings against Third Parties for infringement or conferring any right to bring or prosecute proceedings against Third Parties for infringement of any of the Supporting Materials;
(d) conferring any right to use in advertising, publicity, or otherwise, any trademark, trade name or names, or any contraction, abbreviation or simulation thereof, of either Party; or
(e) requiring either Party to defend any proceeding brought by a Third Party challenging or concerning the validity of the IP Rights in the Pre-existing Product Designs or Supporting Materials, [***].
No Implied Obligation. Nothing contained in this Agreement shall be construed as:
(a) a warranty or representation that any manufacture, sale, lease, use or other disposition of any products based upon JDP Work Product or JDP Inventions will be free from infringement, misappropriation or other violation of any Patent Rights, IP Rights or other intellectual property rights of any Person;
(b) an agreement to bring or prosecute proceedings against Third Parties for infringement or conferring any right to bring or prosecute proceedings against Third Parties for infringement; or
(c) conferring any right to use in advertising, publicity, or otherwise, any trademark, trade name or names, or any contraction, abbreviation or simulation thereof, of either Party.
No Implied Obligation. Each Party’s Confidential Information shall remain the property of that Party. Nothing contained in this Section 14.5 shall be construed as obligating a Party to disclose its Confidential Information to the other Party, or as granting to or conferring on a Party, expressly or impliedly, any rights or license to the Confidential Information of the other Party, and any such obligation or grant shall only be as provided by other provisions of this Agreement.
No Implied Obligation. Nothing contained in this Agreement shall be construed as:
(a) a warranty or representation that any manufacture, sale, lease, use or other disposition of any products based upon JDP Work Product, JDP Inventions, JDP Process Nodes or JDP Designs or other technology transferred hereunder will be free from infringement, misappropriation or other violation of any Patent Rights, IP Rights or other intellectual property rights of any Person;
(b) an agreement to bring or prosecute proceedings against Third Parties for infringement, misappropriation or other violation of rights or conferring any right to bring or prosecute proceedings against Third Parties for infringement, misappropriation or other violation of rights; or
(c) conferring any right to use in advertising, publicity, or otherwise, any trademark, trade name or names, or any contraction, abbreviation or simulation thereof, of either Party.
No Implied Obligation. Nothing contained in this Agreement shall be construed as:
(a) a warranty or representation that any manufacture, sale, lease, use or other disposition of any products based upon Transferred Technology or other technology transferred hereunder will be free from infringement, misappropriation or other violation of any Patent Rights, IP Rights or other intellectual property rights of any Person;
(b) an agreement to bring or prosecute proceedings against Third Parties for infringement, misappropriation or other violation of rights or conferring any right to bring or prosecute proceedings against Third Parties for infringement, misappropriation or other violation of rights; or
(c) conferring any right to use in advertising, publicity, or otherwise, any trademark, trade name or names, or any contraction, abbreviation or simulation thereof, of either Party. DLI-6195539v3 5.2 DISCLAIMER. [***].
No Implied Obligation. Nothing contained in this Section 2 is intended to imply or create any obligation of Owner to sell the Option Property to any person at any time or to develop the Option Property at any time. The ROFO shall be exercised by Optionee if, and only if, Owner elects in its discretion to sell or develop the Option Property. Owner shall have no obligation to provide any information to Optionee regarding the negotiations or agreements with any third parties concerning the sale or development of the Option Property, including, without limitation, any drawings, plans or specifications for improvements on the Option Property, except to the extent, and only to the extent, that it becomes necessary to prove that the ROFO was not subject to revival under Section 2.4.
No Implied Obligation. Nothing contained in this Article VI shall be construed as: (a) a warranty or representation by Seller as to the validity, enforceability or scope of any class or type of patents; (b) a warranty or representation that any manufacture, sale, lease, use or other disposition of Products hereunder will be free from infringement of any patents or other intellectual property rights of others; (c) an agreement to bring or prosecute proceedings against third parties for infringement or misappropriation of any Intellectual Property rights or conferring any right to bring or prosecute proceedings against third parties for infringement or misappropriation of any Intellectual Property rights; (d) conferring any right to use in advertising, publicity, or otherwise, any trademark, trade name or names, or any contraction, abbreviation or simulation thereof, of Seller; (e) an obligation to furnish any technical information or know-how; or (f) requiring Seller to defend any proceeding brought by a third party challenging or concerning the validity of any licensed Intellectual Property.
