Common use of No Proceedings or Challenges; Non-Infringement Clause in Contracts

No Proceedings or Challenges; Non-Infringement. As of the Effective Date, to AAC’s actual knowledge, upon reasonable inquiry, there are no proceedings before any court, administrative tribunal or other authority commenced, pending or threatened which would challenge the validity of AAC Manufacturing Patents or assert a right or interest of a Third Party in AAC Manufacturing Patents or any portion thereof. As of the Effective Date, to AAC’s actual knowledge, upon reasonable inquiry, AAC is not aware of, nor has any Third Party asserted, any claim, notice, or concern about the potential infringement of any Third Party proprietary rights as a result of the manufacture, use, offer to sell, sale, importation or distribution of Product(s).

Appears in 3 contracts

Samples: Manufacturing and Supply Agreement, Manufacturing Agreement (Angiotech Pharmaceuticals Inc), Manufacturing and Supply Agreement (Angiotech Pharmaceuticals Inc)

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No Proceedings or Challenges; Non-Infringement. As of the Effective Date, to AAC’s 's actual knowledge, upon reasonable inquiry, there are no proceedings before any court, administrative tribunal or other authority commenced, pending or threatened which would challenge the validity of AAC Manufacturing Patents or assert a right or interest of a Third Party in AAC Manufacturing Patents or any portion thereof. As of the Effective Date, to AAC’s actual knowledge, upon reasonable inquiry, AAC is not aware of, nor has any Third Party asserted, any claim, notice, or concern about the potential infringement of any Third Party proprietary rights as a result of the manufacture, use, offer to sell, sale, importation or distribution of Product(s).

Appears in 2 contracts

Samples: Distribution and License Agreement (Angiotech Pharmaceuticals Inc), Distribution and License Agreement (Angiotech Pharmaceuticals Inc)

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No Proceedings or Challenges; Non-Infringement. As Except as set forth on Schedule 11.1(e), as of the Effective Date, to AAC’s actual knowledge, upon reasonable inquiry, there are no proceedings before any court, administrative tribunal or other authority commenced, pending or threatened which would challenge the validity of AAC Manufacturing Patents or assert a right or interest of a Third Party in AAC Manufacturing Patents or any portion thereof. As of the Effective Date, to AAC’s actual knowledge, upon reasonable inquiry, AAC is not aware of, nor has any Third Party asserted, any claim, notice, or concern about the potential infringement of any Third Party proprietary rights as a result of the manufacture, use, offer to sell, sale, importation or distribution of Product(s)) marketed in the Field in the Territory by Xxxxxx as of the Effective Date. AAC has undertaken no inquiry as to any other Products in the Field.

Appears in 1 contract

Samples: Distribution and License Agreement (Angiotech Pharmaceuticals Inc)

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