Patents, Trademarks, Copyrights, Etc. 1. Patents, Trademarks and Copyrights 47 2. General Plans, Specifications and Working Drawings 47
Patents, Trademarks, Copyrights, Etc. Exhibit 1.3(d) sets forth (i) the registered and beneficial owner and the expiration date, to the extent applicable, for each of the Rights set forth on such Exhibit and (ii) the product, service, or products or services of DE which make use of, or are sold, licensed or made under, each such Right. All of the Rights are included in the Assets and constitute all Rights necessary for the conduct of the business of DE, as such business is currently being conducted. Except as set forth on Exhibit 5.16, DE has not sold, assigned, transferred, licensed, sub-licensed or conveyed the Rights, or any of them, or any interest in the Rights, or any of them, to any person, and has the entire right, title and interest (free and clear of all security interests, liens and encumbrances of every nature) in and to the Rights necessary to the conduct of the business of DE as currently being conducted; neither has the validity of such items been, nor is the validity of such items, nor the use thereof by DE, the subject of any pending or threatened opposition, interference, cancellation, nullification, conflict, concurrent use, litigation or other proceeding. The conduct of the business of DE as currently operated, and the use of the Assets does not and will not conflict with, or infringe, legally enforceable rights of third parties. Except as set forth on Exhibit 5.16, the Rights owned by or licensed to DE have not been used, and no use is now being made, by any entity except DE and other entities duly licensed to use the same. Except as set forth on Exhibit 5.16, there is no infringement of any proprietary right owned or licensed by DE.
Patents, Trademarks, Copyrights, Etc. The Borrower and ------------------------------------- each Subsidiary owns or possesses all the material patents, trademarks, service marks, trade names, copyrights and other intellectual property rights necessary to own and operate its properties and to carry on its business as presently conducted and planned to be conducted by the Borrower and each Subsidiary, without known conflict with the rights of others.
Patents, Trademarks, Copyrights, Etc. The Company owns or validly licenses all patents, patent rights, patent applications, licenses, shop rights, trademarks, trademark applications, tradenames, copyrights and other proprietary information (collectively "Rights") used in the conduct of its business as currently being conducted. To the actual knowledge of the Company, the conduct of its business as currently being conducted does not conflict with valid rights of others in any way, nor has any material use been made of the Rights, except by the Company or by other entities duly licensed to use the same.
Patents, Trademarks, Copyrights, Etc. Machinery and equipment of the Vessel in respect of the Works may bear the patent number, trademarks or trade names of the manufacturers.
Patents, Trademarks, Copyrights, Etc. The Annual Report sets forth a list and brief description of all domestic and foreign patents, patent rights, patent applications, trademarks, trademark applications, service marks, service xxxx applications, trade names, domain names and copyrights, and all applications for such which are in the process of being prepared, owned by or registered in the name of the Company, or of which the Company is a licensor or licensee, or in which the Company has any right, and in each case a brief description of the nature of such right. The Company owns or possesses adequate licenses or other rights to use all patents, patent applications, trademarks, trademark applications, service marks, service xxxx applications, trade names, domain names, copyrights, manufacturing processes, formulae, trade secrets, customer lists and know how (collectively, "Intellectual Property") used in or necessary to the conduct of its business as conducted and as proposed to be conducted, and no claim is pending or, to the best of the Company's knowledge, threatened on the ground that the operations of the Company infringe upon or conflict with the asserted rights of any other Person under any Intellectual Property, and to the best of the Company's knowledge, there is no basis for any such claim (whether or not pending or threatened). No claim is pending or, to the best of the Company's knowledge, threatened on the ground that any such Intellectual Property owned or licensed by the Company, or which the Company otherwise has the right to use, is invalid or unenforceable by the Company and there is no basis for any such claim (whether or not pending or threatened). To the best of the Company's knowledge, all technical information developed by and belonging to the Company which has not been patented has been kept confidential, except for instances of non- compliance which would not have a Material Adverse Effect.
Patents, Trademarks, Copyrights, Etc. 39.1 Machinery and equipment of the Vessel in respect of the Works may bear the patent number, trademarks or trade names of the manufacturers.
39.2 The Contractor shall defend, indemnify and save harmless the Owner from patent liability or claims of patent infringement of any nature or kind, including costs and expenses for, or on account of any patented or patentable invention made or used in the performance of the Works and also including costs and expenses of litigation, if any.
39.3 Nothing contained herein shall be construed as transferring any patent or trademark rights or copyright in equipment covered by this Agreement, and all such rights are hereby expressly reserved to the true and lawful owners thereof.
39.4 The Contractor's warranty hereunder does not extend to the OFE. The Owner shall defend, indemnify and save harmless the Contractor from patent liability or claims of patent infringement of any nature or kind, including costs and expenses for, or on account of any patented or patentable invention in connection with or related to the OFE and also including costs and expenses of litigation, if any.
39.5 The Contractor retains all rights with respect to the Specifications and Plans and working drawings, technical descriptions, calculations, test results and other data, information and documents concerning the design and upgrading & conversion of the Vessel and the Owner undertakes not to disclose the same or divulge any information contained therein to any third party without the prior written consent of the Contractor, except where it is necessary for usual operation, repair and maintenance of the Vessel.
Patents, Trademarks, Copyrights, Etc. Each Loan Party owns or possesses all the material patents, trademarks, service marks, tradenames, copyrights and other intellectual property rights necessary to own and operate its properties and to carry on its business as presently conducted and planned to be conducted by such Loan Party without known conflict with the rights of others.
Patents, Trademarks, Copyrights, Etc. Sellers neither own, nor have pending or are licensed under any patent, patent application, trademark, trademark application, trade name, service mark, xxpyright, franchise, or other intangible - 25 of 49 - 26 property or asset used by or sold or licensed to others by the Engineering Division and material to the Engineering Division's operations ("Intangibles"), other than as described in the Schedules to Section 1.01(a) or on Schedule 2.09, all of which are in good standing and uncontested. Except as disclosed on such schedules, no person other than Sellers own any interest in any such Intangible.
Patents, Trademarks, Copyrights, Etc. The Contractor shall defend, indemnify and save harmless the Employer from and against all claims and proceedings for or on account of infringements of any patent rights, design, trademark name or copyright or other intellectual property rights in respect of any Construction Equipment, Plant, materials, goods or design (submitted by the Contractor pursuant to his obligations under this Contract) used for or in connection with or for incorporation in the Works and from or against all losses, expenses, costs, demands or liabilities, whether direct or indirect or damages whatsoever in respect of such claims or proceedings or in relation thereto, except where such infringement results from compliance with the design or Specifications provided by the Superintending Officer.
