Common use of Representations and Warranties of Biovest Clause in Contracts

Representations and Warranties of Biovest. Biovest hereby represents and warrants to Company that: (a) Biovest has the right to enter into this Agreement and has received all consents and approvals from all Third Parties, including, to the extent applicable, all governmental and quasi-governmental authorities necessary for it to enter into and be bound by the terms of this Agreement; (b) Biovest is not aware of any asserted or unasserted claim or demand against any Biovest Biologic Products; (c) To the best of Biovest’s knowledge, no Biovest Biologic Product infringes upon any Patent or other proprietary rights of any Third Party; and (d) Biovest has not entered into any agreement with any Third Party which is in conflict with the rights granted to Company pursuant to this Agreement.

Appears in 6 contracts

Samples: Contingent Payment Agreement (Biovest International Inc), Contingent Payment Agreement (Biovest International Inc), Contingent Payment Agreement (Biovest International Inc)

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Representations and Warranties of Biovest. Biovest hereby represents and warrants to Company that: (a) Biovest has the right to enter into this Agreement and has received all consents and approvals from all without the consent or approval of any Third Parties, including, to the extent applicable, all governmental and quasi-governmental authorities necessary for it to enter into and be bound by the terms of this AgreementParty; (b) Biovest is not aware of any asserted or unasserted claim or demand against any the Biovest Biovest Biologic Products; (c) To the best of Biovest’s knowledge, no the Biovest Biologic Product infringes Products do not infringe upon any Patent patent or other proprietary rights of any other Third Party; and (d) Biovest has not entered into any agreement with any Third Party which is in conflict with the rights granted to Company Accentia pursuant to this Agreement.

Appears in 4 contracts

Samples: Royalty Agreement, Royalty Agreement (Biovest International Inc), Royalty Agreement (Biovest International Inc)

Representations and Warranties of Biovest. Biovest hereby represents and warrants to Company that: (a) Biovest has the right to enter into this Agreement and has received all consents and approvals from all without the consent or approval of any Third Parties, including, to the extent applicable, all governmental and quasi-governmental authorities necessary for it to enter into and be bound by the terms of this AgreementParty; (b) Biovest is not aware of any asserted or unasserted claim or demand against any the Biovest Biologic Products; (c) To the best of Biovest’s knowledge, no the Biovest Biologic Product infringes Products do not infringe upon any Patent patent or other proprietary rights of any other Third Party; and (d) Biovest has not entered into any agreement with any Third Party which is in conflict with the rights granted to Company Valens US pursuant to this Agreement.

Appears in 1 contract

Samples: Royalty Agreement (Biovest International Inc)

Representations and Warranties of Biovest. Biovest hereby represents and warrants to Company that: (a) Biovest has the right to enter into this Agreement and has received all consents and approvals from all without the consent or approval of any Third Parties, including, to the extent applicable, all governmental and quasi-governmental authorities necessary for it to enter into and be bound by the terms of this AgreementParty; (b) Biovest is not aware of any asserted or unasserted claim or demand against any the Biovest Biologic Products; (c) To the best of Biovest’s knowledge, no the Biovest Biologic Product infringes Products do not infringe upon any Patent patent or other proprietary rights of any other Third Party; and (d) Biovest has not entered into any agreement with any Third Party which is in conflict with the rights granted to Company Valens Offshore pursuant to this Agreement.

Appears in 1 contract

Samples: Royalty Agreement (Biovest International Inc)

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Representations and Warranties of Biovest. Biovest hereby represents and warrants to Company AutovaxID that: (a) Biovest has the right to enter into this Agreement grant licenses and has received all consents and approvals from all sublicenses therefor without the consent or approval of any Third Parties, including, to the extent applicable, all governmental and quasi-governmental authorities necessary for it to enter into and be bound by the terms of this AgreementParty; (b) To the best of Biovest’s knowledge, all the Licensed Patents listed on Exhibit A are in full force and effect and have been maintained to date; (c) Biovest is not aware of any asserted or unasserted claim or demand against any the Biovest Biologic Licensed Products; (cd) To the best of Biovest’s knowledge, no the Biovest Biologic Licensed Product infringes does not infringe upon any Patent patent or other proprietary rights of any other Third Party; and (de) Biovest has not entered into any agreement with any Third Party which is in conflict with the rights granted to Company AutovaxID pursuant to this Agreement.

Appears in 1 contract

Samples: License Agreement (Accentia Biopharmaceuticals Inc)

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