Common use of Representations and Warranties of Collaborator Clause in Contracts

Representations and Warranties of Collaborator. Collaborator hereby represents and warrants to ICD that: 9.2.1 Collaborator has the requisite power and authority to enter into this CRADA and to perform according to its terms, and that Collaborator’s official signing this CRADA has authority to do so. 9.2.2 Neither Collaborator nor, to the best of Collaborator’s knowledge and belief, any of its personnel involved in this CRADA, including Affiliates, agents, and contractors are presently subject to debarment or suspension by any agency of the Government. Should Collaborator or any of its personnel involved in this CRADA be debarred or suspended during the term of this CRADA, Collaborator will notify ICD within thirty (30) days of receipt of final notice. 9.2.3 Subject to Paragraph 12.3, and if and to the extent Collaborator has agreed to provide funding under Appendix B, Collaborator is financially able to satisfy these obligations in a timely manner. 9.2.4 As of the date of delivery to ICD, Tthe Test Article provided has been produced by Collaborator to ICD hereunder for the conduct of clinical studies under this CRADA has been manufactured in accordance with the FDA’s current Good Manufacturing Practice set out in 21 C.F.R. §§ 210-211 and ICH QA7, and meets the specifications cited in the Certificate of Analysis and Investigator’s Brochure provided to ICD.

Representations and Warranties of Collaborator. Collaborator hereby represents and warrants to ICD that: 9.2.1 Collaborator has the requisite power and authority to enter into this CRADA and to perform according to its terms, and that Collaborator’s official signing this CRADA has authority to do so. 9.2.2 Neither Collaborator nor, to the best of Collaborator’s knowledge and belief, nor any of its personnel involved in this CRADA, including Affiliates, agents, and contractors are presently subject to debarment or suspension by any agency of the Government. Should Collaborator or any of its PHS ECT-CRADA CRADA Ref. No.02663 MODEL ADOPTED June 18, 2009 personnel involved in this CRADA be debarred or suspended during the term of this CRADA, Collaborator will notify ICD within thirty (30) days of receipt of final notice. 9.2.3 Subject to Paragraph 12.3, and if and to the extent Collaborator has agreed to provide funding under Appendix B, Collaborator is financially able to satisfy these obligations in a timely manner. 9.2.4 As of the date of delivery to ICD, Tthe The Test Article provided has been produced by Collaborator to ICD hereunder for the conduct of clinical studies under this CRADA has been manufactured in accordance with the FDA’s current Good Manufacturing Practice set out in 21 C.F.R. §§ 210-211 211, and ICH QA7, and meets the specifications cited in the Certificate of Analysis and Investigator’s Brochure provided to ICDprovided.

Representations and Warranties of Collaborator. Collaborator hereby represents and warrants to ICD IC that: 9.2.1 Collaborator has the requisite power and authority to enter into this CRADA and to perform according to its terms, and that Collaborator’s official signing this CRADA has authority to do so. 9.2.2 Neither Collaborator nor, to the best of Collaborator’s knowledge and belief, nor any of its personnel involved in this CRADA, including Affiliates, agents, and contractors are presently subject to debarment or suspension by any agency of the Government. Should Collaborator or any of its PHS ECT-CRADA Case Ref. No. DK#12-0424_MODEL ADOPTED December 8, 2010 rev August 2012 personnel involved in this CRADA be debarred or suspended during the term of this CRADA, Collaborator will notify ICD IC within thirty (30) days [...***...] of receipt of final noticeawareness. 9.2.3 Subject to Paragraph 12.3, and if and to the extent Collaborator has agreed to provide funding under Appendix B, Collaborator is will be financially able to satisfy these obligations in a timely manner. 9.2.4 As of the date of delivery to ICD, Tthe The Test Article provided has been produced by Collaborator to ICD hereunder for the conduct of clinical studies under this CRADA has been manufactured in accordance with the FDA’s current Good Manufacturing Practice set out in 21 C.F.R. §§ 210-211 211, and ICH QA7, and meets the specifications cited in the Certificate of Analysis and Investigator’s Brochure provided to ICDprovided.

Representations and Warranties of Collaborator. Collaborator hereby represents and warrants to ICD IC as of the Effective Date that: 9.2.1 Collaborator has the requisite power and authority to enter into this CRADA and to perform according to its terms, and that Collaborator’s official signing this CRADA has authority to do so. 9.2.2 Neither Collaborator nor, to To the best of Collaborator’s its knowledge and belief, neither Collaborator nor any of its personnel involved in this CRADA, including Affiliates, agents, and contractors are presently subject to debarment or suspension by any agency of the Government. Should Collaborator or any of its personnel involved in this CRADA be debarred or suspended during the term of this CRADA, Collaborator will notify ICD IC within thirty (30) days of receipt of final notice. 9.2.3 Subject to Paragraph 12.3, and if and to the extent Collaborator has agreed to provide funding under Appendix B, Collaborator is financially able to satisfy these obligations in a timely manner. 9.2.4 As of the date of delivery to ICD, Tthe Test Article The Investigational Agent provided has been produced by Collaborator to ICD hereunder for the conduct of clinical studies under this CRADA has or will have been manufactured produced in accordance with the FDA’s current Good Manufacturing Practice set out in 21 C.F.R. §§ 210-211 211, and ICH QA7Q7, and meets or will meet the specifications cited in the Certificate of Analysis and Investigator’s Brochure provided to ICDprovided.

Representations and Warranties of Collaborator. Collaborator hereby represents and warrants to ICD that: 9.2.1 Collaborator has the requisite power and authority to enter into this CRADA and to perform according to its terms, and that Collaborator’s official signing this CRADA has authority to do so.. PHS ICT-CRADA Case Ref. No. _______ MODEL ADOPTED June 18, 2009 9.2.2 Neither Collaborator nor, to the best of Collaborator’s knowledge and belief, nor any of its personnel involved in this CRADA, including Affiliates, agents, and contractors are presently subject to debarment or suspension by any agency of the Government. Should Collaborator or any of its personnel involved in this CRADA be debarred or suspended during the term of this CRADA, Collaborator will notify ICD within thirty (30) days of receipt of final notice. 9.2.3 Subject to Paragraph 12.3, and if and to the extent Collaborator has agreed to provide funding under Appendix B, Collaborator is financially able to satisfy these obligations in a timely manner. 9.2.4 As of the date of delivery to ICD, Tthe The Test Article provided has been produced by Collaborator to ICD hereunder for the conduct of clinical studies under this CRADA has been manufactured in accordance with the FDA’s current Good Manufacturing Practice set out in 21 C.F.R. §§ 210-211 and ICH QA7, and meets the specifications cited in the Certificate of Analysis and Investigator’s Brochure provided to ICDprovided.

Representations and Warranties of Collaborator. Collaborator hereby represents and warrants to ICD IC that: 9.2.1 Collaborator has the requisite power and authority to enter into this CRADA and to perform according to its terms, and that Collaborator’s official signing this CRADA has authority to do so. 9.2.2 Neither Collaborator nor, to the best of Collaborator’s knowledge and belief, nor any of its personnel involved in this CRADA, including Affiliates, agents, and contractors contractors, are presently subject to debarment or suspension by any agency of the PHS ECT-CRADA Case Ref. No. 11-1-00006 XXXXX XXOPTED December 8, 2010 [ * ] = Certain confidential information contained in this document, marked by brackets, has been omitted and filed separately with the Securities and Exchange Commission pursuant to Rule 24b-2 of the Securities Exchange Act of 1934, as amended. Government. Should Collaborator or any of its personnel involved in this CRADA be debarred or suspended during the term of this CRADA, Collaborator will notify ICD IC within thirty (30) days of receipt of final notice. 9.2.3 Subject to Paragraph 12.3, and if and to the extent Collaborator has agreed to provide funding under Appendix B, Collaborator is financially able to satisfy these obligations in a timely manner. 9.2.4 As of The Investigational Agent provided for use in clinical studies under the date of delivery to ICD, Tthe Test Article provided Research Plan has been produced by Collaborator to ICD hereunder for the conduct of clinical studies under this CRADA has been manufactured in accordance with the FDA’s current Good Manufacturing Practice Practices set out in 21 C.F.R. §§ 210-211 211, and ICH QA7Q7, and meets the specifications cited in the Certificate of Analysis and Investigator’s Brochure provided to ICDprovided.