Patent Rights and Know-How. To the best of GI's knowledge, information and belief, GI represents and warrants that it owns the GI Patent Rights and GI Know-How in existence on the Effective Date and/or has the right to grant the licenses under the GI Patent Rights and to the GI Know-How in existence on the Effective Date subject to the terms of this Agreement. The foregoing representation and warranty shall not be construed as a warranty as to the scope and/or validity of any claims in the GI Patent Rights.
Patent Rights and Know-How. To the best of MetaMorphix' knowledge, information and belief, MetaMorphix represents and warrants that it owns the MetaMorphix Patent Rights and MetaMorphix Know-How in existence on the Effective Date and/or has the right to grant the licenses under the MetaMorphix Patent Rights and to the MetaMorphix Know-How in existence on the Effective Date subject to the terms of this Agreement. The foregoing representation and warranty shall not be construed as a warranty as to the scope and/or validity of any claims in the MetaMorphix Patent Rights.
Patent Rights and Know-How. To the best of JHU' knowledge, information and belief, JHU represents and warrants that it owns the JHU Patent Rights and JHU Know-How, the JHU Additional Factor Patent Rights and the JHU Additional Factor Know-How in existence on the Effective Date and/or has the right to grant the licenses under the JHU Patent Rights and the JHU Additional Factor Patent Rights, and to the JHU Know-How and JHU Additional Factor Know-How in existence on the Effective Date subject to the terms of this Agreement. The foregoing representation and warranty shall not be construed as a warranty as to the scope and/or validity of any claims in the JHU Patent Rights.
Patent Rights and Know-How. 2.1 Subject to paragraph 2.4, UNIVERSITY hereby grants to LICENSEE an exclusive license, with right to grant sublicenses, under the Patent Rights and Know-How to make, have made, use, sell, offer for sale and import Licensed Products in the Territory. LICENSEE shall require all of its sublicensees to expressly agree to indemnify UNIVERSITY in the same manner as LICENSEE is required to indemnify UNIVERSITY pursuant to this Agreement. For each sublicense agreement into which LICENSEE proposes to enter, LICENSEE shall notify UNIVERSITY of the name and address of the sublicensee and provide to UNIVERSITY a copy of the proposed agreement with such sublicensee. Within thirty days of receipt of the proposed agreement and name and address,
Patent Rights and Know-How. Certain information on this page has been omitted and filed separately with the Commission. Confidential treatment has been requested with respect to the omitted portions.
Patent Rights and Know-How. To the best of GI’s knowledge, information and belief, GI represents and warrants that it owns or has exclusive (except to the extent otherwise provided in the 1999 Agreement) rights to the GI GDF-8 Patent Rights and GI GDF-8 Know-How in existence on the Effective Date and/or has the right to grant the licenses under the GI GDF-8 Patent Rights and to the GI GDF-8 Know-How in existence on the Effective Date subject to the terms of this Agreement. The foregoing representation and warranty shall not be construed as a warranty as to the scope and/or validity of any claims in the GI GDF-8 Patent Rights.
Patent Rights and Know-How. To the best of MetaMorphix’ knowledge, information and belief, MetaMorphix represents and warrants that it owns or has exclusive (except to the extent otherwise provided in the 1999 Agreement) rights to the MetaMorphix GDF-8 Patent Rights and MetaMorphix GDF-8 Know-How in existence on the Effective Date and/or has the right to grant the licenses under the MetaMorphix GDF-8 Patent Rights and to the MetaMorphix GDF-8 Know-How in existence on the Effective Date subject to the terms of this Agreement. The foregoing representation and warranty shall not be construed as a warranty as to the scope and/or validity of any claims in the MetaMorphix GDF-8 Patent Rights.
Patent Rights and Know-How. Notwithstanding anything to the contrary in this Agreement, all information relating to filing, prosecution, maintenance, defense, infringement, and the like regarding the Patent Rights and Know-how (no matter how disclosed) is the confidential information of NCSU and subject to the provisions of Article 13.
Patent Rights and Know-How. (i) Subject to the terms and conditions of this Agreement, Symyx hereby grants Argonaut an exclusive (except as provided in this Section 2.1), non-transferable, worldwide, royalty-bearing, revocable, non-sublicensable license during the Term, under the Patent Rights and Know-How, solely to make, use, sell, offer for sale, import and export Products in the Territory.
(ii) Notwithstanding Section 2.1(a)(i), above, nothing in this Agreement shall restrict or prevent Symyx from making, having made, or using Products or any of the components thereof for internal use by Symyx for itself or on behalf of third parties.
Patent Rights and Know-How. 6.1 AET will maintain and pay maintenance fees for the U.S. Patents listed in Annex II. All of the U.S. Patents are currently extant.
6.2 AET represents and warrants that it is the owner of the Patent Rights and Know-How, including as incorporated in the Mehra Gas Treating Units, and does not require rights from the U.S. patents or know-how of any other Person that are not obtainable through the purchase of equipment or services for use with the Unit. AET knows of no Person presently infringing any of the Patent Rights or who has misappropriated any Know-How, nor does AET have any reason or notice that the Mehra Process misappropriates the know-how or infringes extant patent(s) of any other Person. AET knows of no reason why any of the Patent Rights are invalid or any of the Know-How would belong to another Person or any of the Know-How is not confidential. AET is not aware of anything or action which precludes it from entering into this Agreement. If another party asserts that its patent rights have been infringed or trade secrets misappropriated by the design, construction or operation of a Mehra Gas Treating Unit and the third party obtains an injunction from a court of competent jurisdiction ordering the Unit to cease operation in its current form, then all payments due AET from Gateway are suspended during the term of the injunction. AET also hereby agrees to indemnify and hold Gateway harmless from any money damages or awards finally assessed by a court of competent jurisdiction, for patent rights infringed or trade secrets misappropriated by the Mehra Gas Treating Units, subject to the following provisions:
(a) Gateway must promptly notify AET in writing of any notice Gateway receives claiming or asserting that a Mehra Gas Treating Unit infringes a patent or misappropriates a trade secret, and lend all reasonable assistance, at AET's expense, in the defense or settlement of such suit.
(b) If modifications to a Mehra Gas Treating Unit are required to avoid infringement or use of misappropriated technology, AET shall use its best efforts to determine such modifications and propose them to Gateway, and if such modifications are approved by AET and Gateway, then AET will pay for half the modifications and Gateway will pay for half the modifications. Gateway will be entitled to recover any payments it makes from future payments due AET under this Agreement.
6.3 AET shall bear the expense and shall have sole and complete control of the defense and settlem...
