No Infringement or Misappropriation Sample Clauses
The "No Infringement or Misappropriation" clause serves to affirm that the products, services, or materials provided under the agreement do not violate or unlawfully use the intellectual property rights of third parties. In practice, this means the party making the representation guarantees that their deliverables are free from unauthorized use of patents, copyrights, trademarks, or trade secrets belonging to others. This clause is essential for protecting the receiving party from legal risks and potential liability arising from intellectual property disputes, ensuring that they can use the provided materials without fear of infringement claims.
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No Infringement or Misappropriation. 10.1 CONSULTANT represents and warrants that the Consulting Services to be performed hereunder by CONSULTANT will not infringe or misappropriate intellectual property rights including, without limitation, any patent, trademark, copyright, mask right, trade secret or proprietary know-how of others, and that CONSULTANT will indemnify, defend, and hold harmless TRINITY, its trustees, officers, employees, agents, volunteers, guests and contractors from any and all liabilities, claims, demands, expenses or costs, including attorneys’ fees, arising out of any such infringements or misappropriations. The CONSULTANT also represents that they are not bound by any agreement that would be violated by CONSULTANT’s performance of the Consulting Services or by CONSULTANT’s fulfillment of their obligations hereunder.
No Infringement or Misappropriation. Staffing Agency represents and warrants that the Staffing Services to be performed hereunder by Staffing Agency will not infringe or misappropriate intellectual property rights including, without limitation, any patent, trademark, copyright, mask right, trade secret or proprietary know-how of others, and that Staffing Agency will indemnify, defend, and hold harmless Trinity, its trustees, officers, agents, employees, guests and contractors from any and all liabilities, claims, demands, expenses or costs, including attorneys’ fees, arising out of any such infringements or misappropriations. The Staffing Agency also represents that it is not bound by any agreement that would be violated by Staffing Agency’s performance of the Staffing Services or by Staffing Agency’s fulfillment of their obligations hereunder.
No Infringement or Misappropriation. GM Background Technology and all Improvements made by GM thereto during the term of this Agreement do not and will not infringe upon the proprietary rights of any third party (except as may have been caused by a
No Infringement or Misappropriation. ENTERTAINER/PERFORMER represents and warrants that the Services to be performed hereunder by ENTERTAINER/PERFORMER will not infringe or misappropriate the intellectual property rights including, without limitation, any patent, trademark, copyright, mask right, trade secret or proprietary know-how of others, and that ENTERTAINER/PERFORMER will indemnify, defend, and hold harmless TRINITY, its trustees, officers, employees, agents and volunteers from any and all liabilities, claims, demands, expenses or costs, including attorneys’ fees, arising out of any such infringements or misappropriations. The ENTERTAINER/PERFORMER also represents that they are not bound by any agreement that would be violated by Entertainer’s/Performer’s performance or by Entertainer’s/ Performer’s fulfillment of their obligations hereunder.
No Infringement or Misappropriation. Contractor represents and warrants that the Services to be performed hereunder by Contractor will not infringe or misappropriate intellectual property rights, including, without limitation, any patent, trademark, copyright, mask right, trade secret or proprietary know-how of others, and that Contractor will indemnify, defend and hold harmless the Owner, its trustees, officers, employees, agents, and volunteers from any and all liabilities, claims, demands, expenses or costs, including attorneys’ fees, arising out of or related to any such infringement or misappropriation. The Contractor also represents that it is not bound by any agreement that would be violated by Contractor’s performance of the Services or by Contractor’s fulfillment of its obligations hereunder.
No Infringement or Misappropriation. FibroGen has not received any written notice from any Third Party asserting or alleging that any research or development of Collaboration Compounds or Products by FibroGen or by Astellas prior to the Effective Date infringed or misappropriated the intellectual property rights of such Third Party and FibroGen has no reason to suspect that any such infringement or misappropriation has occurred. To FibroGen’s knowledge, the conception, development and reduction to practice of the Listed Patents and FibroGen Know-How existing as of the Effective Date have not constituted or involved the misappropriation of trade secrets or other proprietary rights of any person or entity.
No Infringement or Misappropriation. Magic's Background Technology, any Improvements made by Magic thereto, and the OnStar Service and any other work product under this Agreement and any modifications to GM Background Technology performed by Magic will not: (i) infringe upon the patent, copyright, database right or trademark rights of any third party; or (ii) misappropriate the trade secret or intellectual property rights of any third party provided that the warranty stated in this sub-section 8.2.3 will not apply to infringements or misappropriations as may result from modifications by GM or GM's contractors or suppliers or GM's or GM contractors' or suppliers' combination, operation or use with devices, data or programs furnished by GM, or modifications by Magic on GM's specific request so long as Magic has made reasonable efforts to ensure that this sub-section 8.
No Infringement or Misappropriation. Vendor represents and warrant that the Professional Services to be performed hereunder by Vendor will not infringe or misappropriate intellectual property rights, including, without limitation, any patent, trademark, copyright, mask right, trade secret or proprietary know-how of others, and that Vendor will indemnify, defend and hold harmless Trinity, its trustees, officers, employees, agents, and volunteers from any and all liabilities, claims, demands, expenses or costs, including attorneys’ fees, arising out of or related to any such infringement or misappropriation. The Vendor also represents that it is not bound by any agreement that would be violated by Vendor’s performance of the Professional Services or by Vendor’s fulfillment of its obligations hereunder.
No Infringement or Misappropriation. To its Knowledge, no Member of the Behringer Group has received any Claim alleging that it or REIT I or any of their respective Affiliates has infringed or misappropriated any Intellectual Property Rights of any third party (including any Claim that it must license or refrain from using any Intellectual Property Rights of any third party) through its use of the “Behringer Harvard” service ▇▇▇▇.
No Infringement or Misappropriation. (a) Neither Lexicon, its Affiliates, nor its or their respective current or former employees have misappropriated any of the Licensed Know-How from any Third Party, and Lexicon is not aware of any claim by a Third Party that such misappropriation has occurred.
(b) To the knowledge of Lexicon, the use of the Licensed Technology in the performance of the activities under the Research Plan, and the Exploitation of any Licensed Compound or Licensed Product, in each case, as contemplated to be conducted under this Agreement, does not infringe, misappropriate, or otherwise violate any valid and enforceable intellectual property right owned or controlled by any Third Party.
(c) Lexicon has not received any written notice from any Third Party asserting or alleging that Development, Manufacture, Commercialization, and other Exploitation of any Licensed Compound or Licensed Product infringes or misappropriates the intellectual property rights of such Third Party.