Of Both Parties. Each Party represents and warrants o the other Party that, as of the Effective Date:
Of Both Parties. Each Party warrants and represents as of the Effective Date that such Party: (i) is authorized to enter into this Agreement; (ii) is aware of no legal, contractual or other restriction, limitation or condition that might affect adversely its ability to perform hereunder, provided that FRESENIUS does not warrant the absence of infringement of a third party’s intellectual property rights related to the use of the TRANSMEDICS Know-How; and (iii) is in good standing under the laws of each jurisdiction in which it is incorporated or engages in business activities. THIS EXHIBIT HAS BEEN REDACTED AND IS THE SUBJECT OF A CONFIDENTIAL TREATMENT REQUEST. REDACTED MATERIAL IS MARKED WITH [***] AND HAS BEEN FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION.
Of Both Parties. Licensor and Licensee each represents and warrants to the other Party that, as of the Effective Date:
Of Both Parties. Each Party hereby represents and warrants to the other as follows:
Of Both Parties. Each PARTY represents and warrants to the other PARTY that, as of the EFFECTIVE DATE of this SECOND AGREEMENT:
Of Both Parties. Having stated the above, the appearing parties hereby agree to abide by the terms and conditions stated as follows:
Of Both Parties. Each of NYMT and Midway represents and warrants to the other that:
Of Both Parties. Each Party hereby represents and warrants (or covenants, as applicable) to the other Party that as of the Effective Date and during the Term: [*****] Confidential portions of this document have been redacted and filed separately with the Securities and Exchange Commission.
Of Both Parties. Each party represents and warrants that it has and shall maintain (a) any and all insurance required by applicable laws and regulations and (b) commercial general liability insurance, including blanket contractual liability insurance covering such party with respect to its obligations hereunder, with limits of liability that are commercially reasonable * Such coverage shall be maintained for not less than * following expiration or termination of this Agreement or, if such coverage is of the “claims made” type, for * following expiration or termination of this Agreement. Some or all such insurance may be in the form of self-insurance.
Of Both Parties. Each party represents and warrants that is has and shall maintain (a) any and all insurance required by applicable laws and regulations and (b) commercial general liability insurance, including blanket contractual liability insurance covering such party with respect to its obligations hereunder, with limits of liability that are commercially reasonable and not less than £5 million per loss (and in the aggregate only with respect to personal injury liability). Such coverage shall be maintained for not less than five (5) years following expiration or termination of this Agreement or, if such coverage is of the “claims made” type, for ten (10) years following expiration or termination of this Agreement. Some or all such insurance may be in the form of self-insurance.
