Refining Materials. Customer acknowledges and agrees that Refining Materials are required to provide the Refining Services, and, to the extent that Customer fails to provide such Refining Materials, Checon will be relieved of its obligations under the Agreement. Customer represents and warrants to Checon that: (i) Customer is the sole and exclusive owner of the Refining Materials; (ii) the Refining Materials are not subject to any liens, judgments, or other encumbrances; (iii) using the Refining Materials in connection with the Refining Services will not violate any third-party intellectual property rights; (iv) the Refining Materials do not contain any radioactive or biological materials;(v) the Refining Materials do not have any carcinogenic, corrosive, explosive, or flammable properties; (vi) unless otherwise agreed to in writing by Umicore, the Refining Materials do not constitute a “hazardous
Refining Materials. Customer acknowledges and agrees that Refining Materials are required to provide the Refining Services, and, to the extent that Customer fails to provide such Refining Materials, Umicore will be relieved of its obligations under the Agreement. Customer represents and warrants to Umicore that: (i) Customer is the sole and exclusive owner of the Refining Materials; (ii) the Refining Materials are not subject to any liens, judgments, or other encumbrances; (iii) using the Refining Materials in connection with the Refining Services will not violate any third-party intellectual property rights; (iv) the Refining Materials do not have any carcinogenic, corrosive, explosive, or flammable properties; (v) the Refining Materials do not contain any radioactive elements or biological, carcinogenic, corrosive, explosive, or flammable materials; (vi) the Refining Materials do not constitute a “hazardous substance,” “hazardous material,” “hazardous waste,” “toxic substance,” “toxic pollutant,” “regulated substance,” “contaminant,” “pollutant,” under any applicable environmental law, rule, or regulation; and (vii) and Customer and Customer’s supply chain is in strict compliance with all applicable conflict minerals laws, rules, and regulations, including, without limitation, Section 1502 of the Xxxx-Xxxxx Xxxx Street Reform and Consumer Protection Act and Rule 13p-1 under the Securities Exchange Act.
