Common use of Representations and Disclaimer of Warranties Clause in Contracts

Representations and Disclaimer of Warranties. 10.1 Nothing in this AGREEMENT shall be deemed to be a representation or warranty by GRANTOR of the validity of any Patents, Provisional Patent Applications, Patents that may issue, Patent Applications and Improvements. GRANTOR shall have no liability whatsoever to GRANTEE 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 GRANTEE arising out of or in connection with, or resulting from: (a) The transport, manufacture, assembly, installation, use, sale or maintenance of the finished Product or single components of it, or: (b) Any advertising or other promotional activities with respect to any of the foregoing. GRANTEE shall hold GRANTOR, and its partners, agents or employees harmless in the event GRANTOR, or its officers agents or employees, is held liable. 10.2 GRANTOR shall have the right to file, prosecute and maintain Patent Applications, Provisional Patents and Improvements that are the property of GRANTOR and shall have the right to determine whether or not, and where to file a patent application or to abandon the prosecution of any patent or patent application.

Appears in 2 contracts

Samples: Marketing, Distribution and License Agreement (Hydrodynex, Inc.), Marketing, Distribution and License Agreement (Hydrodynex, Inc.)

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Representations and Disclaimer of Warranties. 10.1 11.1 Nothing in this AGREEMENT shall be deemed to be a representation or warranty by GRANTOR of the validity of any Patents, Provisional Patent Applications, Patents that may issue, Patent Applications and Improvements. GRANTOR shall have no liability whatsoever to GRANTEE 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 GRANTEE arising out of or in connection with, or resulting from: (a) The transport, manufacture, assembly, installation, use, sale or maintenance of the finished Product server complex or single components of it, the mobile VoIP software; or: (b) Any advertising or other promotional activities with respect to any of the foregoing. GRANTEE shall hold GRANTOR, and its partners, agents or employees harmless in the event GRANTOR, or its officers agents or employees, is held liable. 10.2 11.2 GRANTOR shall have the right to file, prosecute and maintain Patent Applications, Provisional Patents and Improvements that are the property of GRANTOR and shall have the right to determine whether or not, and where to file a patent application or to abandon the prosecution of any patent or patent application.

Appears in 2 contracts

Samples: Exclusive Marketing, Distribution and License Agreement, Exclusive Marketing, Distribution and License Agreement (Trevenex Resources Inc)

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