Common use of Proprietary Rights and Information Clause in Contracts

Proprietary Rights and Information. Set forth in Schedule 3.18 is a true and correct description of the following (the "Proprietary Rights"): (a) all trademarks, trade-names, service marks and other trade designations, including common law rights, registrations and applications therefor, and all patents and applications therefor currently owned, in whole or in part, by the Company, and all licenses, royalties, assignments and other similar agreements relating to the foregoing to which the Company is a party (including expiration date, if applicable); and (b) all agreements relating to technology, know-how or processes that the Company is licensed or authorized to use by others (other than technology, know-how or processes generally available to other health care providers) or which it licenses or authorizes others to use. The Company owns or has the legal right to use the Proprietary Rights, without conflicting, infringing or violating the rights of any other person. Except as disclosed in Schedule 3.18, no consent of any person will be required for the use of the Proprietary Rights by AMP Subsidiary upon consummation of the transactions contemplated hereby, and the Proprietary Rights are freely transferable. No claim has been asserted by any person to the ownership or for infringement by the Company of the proprietary right of any other person, and the Company does not know of any valid basis for any such claim. The Company has the right to use, free and clear of any adverse claims or rights of others, all trade secrets, customer lists and proprietary information required for the marketing of all merchandise and services formerly or presently sold or marketed by it.

Proprietary Rights and Information. Set forth in on Schedule 3.18 3.14 is a true and correct description of the following (the "Proprietary Rights"): (a) a. all trademarks, trade-names, service marks and other trade designations, including common law rights, registrations and applications therefor, and all patents and applications therefor currently owned, in whole or in part, by the Company, Company or the Partnership and all licenses, royalties, assignments and other similar agreements relating to the foregoing to which either the Company or the Partnership is a party (including the expiration date, date thereof if applicable); and (b) b. all agreements relating to technology, know-how or processes that the Company is or the Partnership has licensed or authorized to use by others (other than technology, know-how or processes generally available to other health care providers) ), or which it either the Company or the Partnership licenses or authorizes others to use. The Company owns and/or the Partnership own or has have the legal right to use the Proprietary Rights, without conflictingand to the knowledge of the Company, infringing such ownership or violating use does not conflict, infringe or violate the rights of any other person. Except as disclosed in on Schedule 3.183.14, no consent of any person will be required for the use of the Proprietary Rights thereof by AMP Subsidiary Vision 21 upon consummation of the transactions contemplated hereby, hereby and the Proprietary Rights are freely transferable. No claim has been asserted by any person to the ownership of or for infringement by the Company or the Partnership of the proprietary right of any other person, and the Company does not know of any valid basis for any such claim. The To the best knowledge of the Company has and the Physician, the Company and the Partnership have the right to use, free and clear of any adverse claims or rights of others, all trade secrets, customer lists and proprietary information required for the marketing of all merchandise and services formerly or presently sold or marketed by itthe Company and the Partnership.

Proprietary Rights and Information. Set forth in on Schedule 3.18 3.14 is a true and correct description of the following (the "Proprietary Rights"): (a) a. all trademarks, trade-names, service marks and other trade designations, including common law rights, registrations and applications therefor, and all patents and applications therefor currently owned, in whole or in part, by the Company, and all licenses, royalties, assignments and other similar agreements relating to the foregoing to which the Company is a party (including the expiration date, date thereof if applicable); and (b) b. all agreements relating to technology, know-how or processes that the Company is licensed or authorized to use by others (other than technology, know-how or processes generally available to other health care healthcare providers) ), or which it licenses or authorizes others to use. The Company owns or has the legal right to use the Proprietary Rights, without conflictingand to the knowledge of the Company, infringing such ownership or violating use does not conflict, infringe or violate the rights of any other person. Except as disclosed in on Schedule 3.183.14, no consent of any person will be required for the use of the Proprietary Rights thereof by AMP Subsidiary Vision 21 upon consummation of the transactions contemplated hereby, hereby and the Proprietary Rights are freely transferable. No claim has been asserted by any person to the ownership of or for infringement by the Company of the proprietary right of any other person, and the Company does not know of any valid basis for any such claim. The To the best knowledge of the Company and the Optometrist, the Company has the right to use, free and clear of any adverse claims or rights of others, all trade secrets, customer lists and proprietary information required for the marketing of all merchandise and services formerly or presently sold or marketed by it.

Proprietary Rights and Information. Set forth in on Schedule 3.18 3.14 is a true and correct description of the following (the "Proprietary Rights"): (a) a. all trademarks, trade-names, service marks and other trade designations, including common law rights, registrations and applications therefor, and all patents and applications therefor currently owned, in whole or in part, by the Company, and all licenses, royalties, assignments and other similar agreements relating to the foregoing to which the Company is a party (including the expiration date, date thereof if applicable); and (b) b. all agreements relating to technology, know-how or processes that the Company is licensed or authorized to use by others (other than technology, know-how or processes generally available to other health care healthcare providers) ), or which it licenses or authorizes others to use. The Company owns or has the legal right to use the Proprietary Rights, without conflictingand to the knowledge of the Company, infringing such ownership or violating use does not conflict, infringe or violate the rights of any other person. Except as disclosed in on Schedule 3.183.14, no consent of any person will be required for the use of the Proprietary Rights thereof by AMP Subsidiary Vision 21 upon consummation of the transactions contemplated hereby, hereby and the Proprietary Rights are freely transferable. No claim has been asserted by any person to the ownership of or for infringement by the Company of the proprietary right of any other person, and the Company does not know of any valid basis for any such claim. The To the best knowledge of the Company and the Physician, the Company has the right to use, free and clear of any adverse claims or rights of others, all trade secrets, customer lists and proprietary information required for the marketing of all merchandise and services formerly or presently sold or marketed by it.

Proprietary Rights and Information. Set forth in on Schedule 3.18 3.14 is a true and correct description of the following (the "Proprietary Rights"): (a) a. all trademarks, trade-names, service marks and other trade designations, including common law rights, registrations and applications therefor, and all patents and applications therefor currently owned, in whole or in part, by the Company, and all licenses, royalties, assignments and other similar agreements relating to the foregoing to which the Company is a party (including the expiration date, date thereof if applicable); and (b) b. all agreements relating to technology, know-how or processes that the Company is licensed or authorized to use by others (other than technology, know-how or processes generally available to other health care providers) ), or which it licenses or authorizes others to use. The Company owns or has the legal right to use the Proprietary Rights, without conflictingand to the knowledge of the Company, infringing such ownership or violating use does not conflict, infringe or violate the rights of any other person. Except as disclosed in on Schedule 3.183.14, no consent of any person will be required for the use of the Proprietary Rights thereof by AMP Subsidiary Vision 21 upon consummation of the transactions contemplated hereby, hereby and the Proprietary Rights are freely transferable. No claim has been asserted by any person to the ownership of or for infringement by the Company of the proprietary right of any other person, and the Company does not know of any valid basis for any such claim. The To the best knowledge of the Company and the Physician, the Company has the right to use, free and clear of any adverse claims or rights of others, all trade secrets, customer lists and proprietary information required for the marketing of all merchandise and services formerly or presently sold or marketed by it.

Proprietary Rights and Information. Set forth in Schedule 3.18 the Company Disclosure Schedules is a true and correct description of the following (the "Proprietary Rights"): (a) 3.17.1 all trademarks, trade-names, service marks and other trade designations, including common law rights, registrations and applications therefor, and all patents and applications therefor currently owned, in whole or in part, by the Company, and all licenses, royalties, assignments and other similar agreements relating to the foregoing to which the Company is a party (including expiration date, date if applicable); and (b) 3.17.2 all agreements relating to technology, know-how or processes that the Company is licensed or authorized to use by others (other than technologyothers, know-how or processes generally available to other health care providers) or which it licenses or authorizes others to use. The Company owns or has the legal right to use the Proprietary Rights, and to the knowledge of the Company, without conflicting, infringing or violating the rights of any other person. Except as disclosed in Schedule 3.18, no No consent of any person will be required for the use of the Proprietary Rights thereof by AMP Subsidiary Acquiror upon consummation of the transactions contemplated hereby, hereby and the Proprietary Rights are freely transferabletransferable except as would not, individually or in the aggregate, result in a Material Adverse Effect. No claim has been asserted by any person to the ownership of or for infringement by the Company of the proprietary right of any other person, and the Company does not know of any valid basis for any such claim. The Company has the right to use, free and clear of any adverse claims or rights of others, others all trade secrets, customer lists and proprietary information required for the marketing of all merchandise and services formerly or presently sold or marketed by it.

Proprietary Rights and Information. Set forth in on Schedule 3.18 3.14 is a true and correct description of the following (the "Proprietary Rights"): (a) a. all trademarks, trade-names, service marks and other trade designations, including common law rights, registrations and applications therefor, and all patents and applications therefor currently owned, in whole or in part, by the CompanyPartnership, and all licenses, royalties, assignments and other similar agreements relating to the foregoing to which the Company Partnership is a party (including the expiration date, date thereof if applicable); and (b) b. all agreements relating to technology, know-how or processes that the Company Partnership is licensed or authorized to use by others (other than technology, know-how or processes generally available to other health care providers) organizations engaged in an Optical Business), or which it licenses or authorizes others to use. The Company Partnership owns or has the legal right to use the Proprietary Rights, without conflictingand to the knowledge of the Partnership, infringing such ownership or violating use does not conflict, infringe or violate the rights of any other person. Except as disclosed in on Schedule 3.183.14, no consent of any person will be required for the use of the Proprietary Rights thereof by AMP Subsidiary Vision 21 upon consummation of the transactions contemplated hereby, hereby and the Proprietary Rights are freely transferable. No claim has been asserted by any person to the ownership of or for infringement by the Company Partnership of the proprietary right of any other person, and the Company Partnership does not know of any valid basis for any such claim. The Company To the best knowledge of the Partnership and the Partners, the Partnership has the right to use, free and clear of any adverse claims or rights of others, all trade secrets, customer lists and proprietary information required for the marketing of all merchandise and services formerly or presently sold or marketed by it.