Common use of Representations and Disclaimer of Warranties Clause in Contracts

Representations and Disclaimer of Warranties. 4.1 NOTHING IN THIS AGREEMENT SHALL BE DEEMED TO BE A REPRESENTATION OR WARRANTY BY LICENSOR OF THE VALIDITY OF ANY OF THE LICENSED INTELLECTUAL PROPERTY, INCLUDING THE PATENTS OR IMPROVEMENTS INCLUDED HEREIN. LICENSOR SHALL HAVE NO LIABILITY WHATSOEVER TO LICENSEE OR ANY OTHER PERSON FOR OR ON ACCOUNT OF ANY INJURY, LOSS, OR DAMAGE, OF ANY KIND OR NATURE SUSTAINED BY, OR ANY DAMAGE ASSESSED OR ASSERTED AGAINST, OR ANY OTHER LIABILITY INCURRED BY OR IMPOSED UPON LICENSEE OR ANY OTHER PERSON, ARISING OUT OF OR IN CONNECTION WITH OR RESULTING FROM (i) THE PRODUCTION, USE, OR SALE OF ANY APPARATUS OR PRODUCT, OR THE PRACTICE OF THE LICENSED INTELLECTUAL PROPERTY; OR (ii) ANY ADVERTISING OR OTHER PROMOTIONAL ACTIVITIES WITH RESPECT TO ANY OF THE FOREGOING, AND LICENSEE SHALL HOLD LICENSOR, AND ITS OFFICERS, AGENTS, OR EMPLOYEES, HARMLESS IN THE EVENT LICENSOR, OR ITS OFFICERS, AGENTS, OR EMPLOYEES, IS HELD LIABLE.

Representations and Disclaimer of Warranties. 4.1 13.1. NOTHING IN THIS AGREEMENT SHALL BE DEEMED TO BE A REPRESENTATION OR WARRANTY BY LICENSOR OF THE VALIDITY OF ANY OF THE LICENSED INTELLECTUAL PROPERTY, INCLUDING PROPERTY OR KNOW HOW RELATED TO THE PATENTS OR IMPROVEMENTS INCLUDED HEREINPRODUCT. LICENSOR SHALL HAVE NO LIABILITY WHATSOEVER TO LICENSEE OR ANY OTHER PERSON FOR OR ON ACCOUNT OF ANY INJURY, LOSS, OR DAMAGE, OF ANY KIND OR NATURE SUSTAINED BY, OR ANY DAMAGE ASSESSED OR ASSERTED AGAINST, OR ANY OTHER LIABILITY INCURRED BY OR IMPOSED UPON LICENSEE OR ANY OTHER PERSON, ARISING OUT OF OR IN CONNECTION WITH OR RESULTING FROM (iA) THE PRODUCTION, USE, OR SALE OF ANY APPARATUS OR PRODUCT, OR THE PRACTICE OF THE LICENSED INTELLECTUAL PROPERTYPROPERTY RIGHTS; OR (iiB) ANY ADVERTISING OR OTHER PROMOTIONAL ACTIVITIES WITH RESPECT TO ANY OF THE FOREGOING, AND LICENSEE SHALL HOLD LICENSOR, AND ITS OFFICERS, AGENTS, OR EMPLOYEES, HARMLESS IN THE EVENT LICENSOR, OR ITS OFFICERS, AGENTS, OR EMPLOYEES, IS HELD LIABLE.

Representations and Disclaimer of Warranties. 4.1 6.00 SUBJECT TO AND EXCEPT FOR ANY INDEMNIFICATION OBLIGATIONS UNDER ARTICLE 3.09 ABOVE, NOTHING IN THIS IP AGREEMENT SHALL WILL BE DEEMED TO BE A REPRESENTATION OR WARRANTY BY LICENSOR COMPANY OF THE VALIDITY ACCURACY, SAFETY OR USEFULNESS FOR ANY PURPOSE OF ANY OF THE LICENSED INTELLECTUAL PROPERTYTECHNICAL INFORMATION, INCLUDING THE PATENTS TECHNIQUES, OR IMPROVEMENTS INCLUDED HEREINPRACTICES AT ANY TIME MADE AVAILABLE BY COMPANY. LICENSOR SHALL COMPANY WILL HAVE NO LIABILITY WHATSOEVER TO LICENSEE INVESTOR OR ANY OTHER PERSON FOR OR ON ACCOUNT OF ANY INJURY, LOSS, LOSS OR DAMAGE, DAMAGE OF ANY KIND OR NATURE NATURE, SUSTAINED BY, OR ANY DAMAGE DAMAGES ASSESSED OR ASSERTED AGAINST, OR ANY OTHER LIABILITY INCURRED BY OR IMPOSED UPON LICENSEE ON INVESTOR OR ANY OTHER PERSON, ARISING OUT OF OR IN CONNECTION WITH OR RESULTING FROM FROM: (iA) THE PRODUCTION, USE, USE OR SALE OF ANY APPARATUS OR PRODUCTPRODUCT OR METHOD, OR THE PRACTICE OF THE LICENSED INTELLECTUAL PROPERTYPATENTS BY INVESTOR OR ITS ASSIGNS; (B) THE USE BY INVESTOR OR ITS ASSIGNS OF ANY TECHNICAL INFORMATION, TECHNIQUES, OR PRACTICES DISCLOSED BY COMPANY; OR (iiC) ANY ADVERTISING OR OTHER PROMOTIONAL ACTIVITIES BY INVESTOR OR ITS ASSIGNS WITH RESPECT TO ANY OF THE FOREGOING, AND LICENSEE SHALL INVESTOR WILL HOLD LICENSORCOMPANY, AND ITS OFFICERS, EMPLOYEES AND AGENTS, OR EMPLOYEES, HARMLESS IN THE EVENT LICENSORCOMPANY, OR ITS OFFICERS, EMPLOYEES OR AGENTS, OR EMPLOYEES, IS HELD LIABLE.. Rare Element Resources Ltd. EXECUTION COPY IP Rights Agreement

Representations and Disclaimer of Warranties. 4.1 5.1 NOTHING IN THIS AGREEMENT SHALL BE DEEMED TO BE A REPRESENTATION OR WARRANTY BY LICENSOR CYTRX OF THE VALIDITY OF ANY OF THE LICENSED INTELLECTUAL PROPERTY, INCLUDING THE PATENTS OR IMPROVEMENTS INCLUDED HEREIN. LICENSOR THE ACCURACY, SAFETY, OR USEFULNESS FOR ANY PURPOSE, OF ANY CYTRX KNOW-HOW AND ANY OTHER TECHNICAL INFORMATION, TECHNIQUES, OR PRACTICES AT ANY TIME MADE AVAILABLE BY CYTRX, CYTRX SHALL HAVE NO LIABILITY WHATSOEVER TO LICENSEE SYNTHRX OR ANY OTHER PERSON FOR OR ON ACCOUNT OF ANY INJURY, LOSS, OR DAMAGE, OF ANY KIND OR NATURE NATURE, SUSTAINED BY, OR ANY DAMAGE ASSESSED OR ASSERTED AGAINST, OR ANY OTHER LIABILITY INCURRED BY OR IMPOSED UPON LICENSEE SYNTHRX OR ANY OTHER PERSON, ARISING OUT OF OR IN CONNECTION WITH OR RESULTING FROM (ia) THE PRODUCTION, USE, OR SALE OF ANY APPARATUS OR PRODUCT, OR THE PRACTICE OF THE LICENSED INTELLECTUAL PROPERTYPATENT RIGHTS AND/OR CYTRX KNOW-HOW; (b) THE USE OF ANY CYTRX KNOW-HOW OR ANY OTHER TECHNICAL INFORMATION, TECHNIQUES, OR PRACTICES DISCLOSED BY CYTRX; OR (iic) ANY ADVERTISING OR OTHER PROMOTIONAL ACTIVITIES BY SYNTHRX WITH RESPECT TO ANY OF THE FOREGOING, AND LICENSEE SHALL HOLD LICENSOR, AND ITS OFFICERS, AGENTS, OR EMPLOYEES, HARMLESS IN THE EVENT LICENSOR, OR ITS OFFICERS, AGENTS, OR EMPLOYEES, IS HELD LIABLE.

Representations and Disclaimer of Warranties. 4.1 6.00 SUBJECT TO AND EXCEPT FOR ANY INDEMNIFICATION OBLIGATIONS UNDER ARTICLE 3.09 ABOVE, NOTHING IN THIS IP AGREEMENT SHALL WILL BE DEEMED TO BE A REPRESENTATION OR WARRANTY BY LICENSOR COMPANY OF THE VALIDITY ACCURACY, SAFETY OR USEFULNESS FOR ANY PURPOSE OF ANY OF THE LICENSED INTELLECTUAL PROPERTYTECHNICAL INFORMATION, INCLUDING THE PATENTS TECHNIQUES, OR IMPROVEMENTS INCLUDED HEREINPRACTICES AT ANY TIME MADE AVAILABLE BY COMPANY. LICENSOR SHALL COMPANY WILL HAVE NO LIABILITY WHATSOEVER TO LICENSEE INVESTOR OR ANY OTHER PERSON FOR OR ON ACCOUNT OF ANY INJURY, LOSS, LOSS OR DAMAGE, DAMAGE OF ANY KIND OR NATURE NATURE, SUSTAINED BY, OR ANY DAMAGE DAMAGES ASSESSED OR ASSERTED AGAINST, OR ANY OTHER LIABILITY INCURRED BY OR IMPOSED UPON LICENSEE ON INVESTOR OR ANY OTHER PERSON, ARISING OUT OF OR IN CONNECTION WITH OR RESULTING FROM FROM: (iA) THE PRODUCTION, USE, USE OR SALE OF ANY APPARATUS OR PRODUCTPRODUCT OR METHOD, OR THE PRACTICE OF THE LICENSED INTELLECTUAL PROPERTYPATENTS BY INVESTOR OR ITS ASSIGNS; (B) THE USE BY INVESTOR OR ITS ASSIGNS OF ANY TECHNICAL INFORMATION, TECHNIQUES, OR PRACTICES DISCLOSED BY COMPANY; OR (iiC) ANY ADVERTISING OR OTHER PROMOTIONAL ACTIVITIES BY INVESTOR OR ITS ASSIGNS WITH RESPECT TO ANY OF THE FOREGOING, AND LICENSEE SHALL INVESTOR WILL HOLD LICENSORCOMPANY, AND ITS OFFICERS, EMPLOYEES AND AGENTS, OR EMPLOYEES, HARMLESS IN THE EVENT LICENSORCOMPANY, OR ITS OFFICERS, EMPLOYEES OR AGENTS, OR EMPLOYEES, IS HELD LIABLE.