Non-Infringement; Availability Sample Clauses
Non-Infringement; Availability. COLOPLAST represents and warrants that:
7.5.1. COLOPLAST is not aware of any infringement upon any patent or other intellectual property rights belonging to any other person or entity caused by the present or presently intended manufacture, sale or use of Freedom MECs by COLOPLAST.
7.5.2. The manufacture, sale or use of the Freedom MECs by COLOPLAST do not infringe any UK patent.
7.5.3. This Agreement and its performance by COLOPLAST, will not, breach any agreement executed by COLOPLAST.
7.5.4. COLOPLAST is generally knowledgeable with respect to the patent rights of third parties relating to urinary catheters, and has conducted such inquiry and investigation as it deemed reasonably necessary for the purpose of determining whether the present or presently intended manufacture, sale or use of the Freedom MECs infringes any patent or technology of any third party. To the best of COLOPLAST’s knowledge, based upon such inquiry and investigation, the present or presently intended manufacture, sale and/or use of the Freedom MEC by COLOPLAST does not infringe any foreign patent or technology of any third party.
7.5.5. Except as otherwise expressly stated herein, COLOPLAST makes no other warranty or representation (i) respecting the scope or enforceability of patent protection or the availability of patent protection in any jurisdiction, foreign or domestic, or (ii) respecting infringement of any patent or other intellectual property rights of others.
Non-Infringement; Availability. RMC represents and warrants that:
7.4.1. RMC is not aware of any infringement upon any patent or other intellectual property rights belonging to any other person or entity caused by the present or presently intended manufacture, sale or use of MECs by RMC.
7.4.2. The manufacture, sale or use of the MECs by RMC do not infringe any U.S. patent.
7.4.3. This Agreement and its performance by RMC, will not, breach any agreement executed by RMC.
7.4.4. RMC is generally knowledgeable with respect to the patent rights of third parties relating to urinary catheters, and has conducted such inquiry and investigation as it deemed reasonably necessary for the purpose of determining whether the present or presently intended manufacture, sale or use of the MECs infringes any patent or technology of any third party. To the best of RMC’s knowledge, based upon such inquiry and investigation, the present or presently intended manufacture, sale and/or use of the MEC by RMC does not infringe any foreign patent or technology of any third party.
7.4.5. Except as otherwise expressly stated herein, RMC makes no other warranty or representation (i) respecting the scope or enforceability of patent protection or the availability of patent protection in any jurisdiction, foreign or domestic, or (ii) respecting infringement of any patent or other intellectual property rights of others.