Common use of Representations, Warranties and Covenants of Broncus Clause in Contracts

Representations, Warranties and Covenants of Broncus. Broncus represents and warrants to Asthmatx that, as of the Effective Date: (a) The execution, delivery and performance of this Agreement by Broncus have been duly authorized by all necessary corporate action on the part of Broncus; (b) Broncus has not granted any right, license or interest in, to or under the Broncus Existing IP or Broncus Future IP that is in conflict with, or that is inconsistent with, the rights and licenses granted by Broncus to Asthmatx in this Agreement; and (c) To the best of Broncus’ knowledge, without investigation of any particular matter, there are no actions, suits, investigations, claims or proceedings, either pending or threatened, relating to the Broncus Existing IP.