Representations, Warranties and Indemnity. a. Talent represents and warrants that he has not granted nor will he grant to any other party any right, permission, or license to use the Property in connection with the advertisement, sale, or promotion of the Product or in connection with products that are identical or substantially similar to the Product. b. Talent further represents and warrants to Company that he has the full right, power, and authority to grant the Property herein. c. Talent further represents and warrants that he has not misrepresented or concealed anything with respect to his background that may have a prejudicial effect on the value of the endorsement, that he is in good health, and that he has not engaged nor will he engage during the Term of this Agreement in any activity (criminal or otherwise) that could potentially have a negative impact on the Product. d. Company agrees to defend, indemnify, and hold Talent harmless against all costs, expenses, and losses (including reasonable attorney fees and costs) incurred through claims of third parties against Talent based on the manufacture or sale of the Product including, but not limited to, actions founded on product liability. e. Talent agrees to defend, indemnify, and hold Company, and its officers, directors, agents, and employees, harmless against all costs, expenses, and losses (including reasonable legal fees and costs) incurred through claims of third parties against Company based on a breach by Talent of any representation and/or warranty made in this Agreement or with respect to any third-party claims for infringement involving the use of the Property by Company.
Appears in 4 contracts
Samples: Talent Endorsement Agreement, Talent Endorsement Agreement (Legacy Education Alliance, Inc.), Talent Endorsement Agreement (Legacy Education Alliance, Inc.)
Representations, Warranties and Indemnity. a. Talent A. The Management represents and warrants that the Property is wholly original and is not copied wholly or substantially from any other work or material. The Management further represents and warrants that he has not granted nor will he grant to any other party any right, permission, or license to use the Property in connection with the advertisement, sale, or promotion of the Product or in connection with products that are identical or substantially similar to the Product.
b. Talent B. Management further represents and warrants to Company that he has they have the full right, power, and authority to grant Company the license to use the Property hereinas provided for herein and that the Property does not violate or infringe on any personal or property rights of others, including but not limited to any existing copyright, common law right, or privacy right of any third party.
c. Talent further represents and warrants that he has not misrepresented or concealed anything with respect to his background that may have a prejudicial effect on the value of the endorsement, that he is in good health, and that he has not engaged nor will he engage during the Term of this Agreement in any activity (criminal or otherwise) that could potentially have a negative impact on the Product.
d. C. Company agrees to defend, indemnify, and hold Talent and Management harmless against all costs, expenses, and losses (including reasonable attorney fees and costs) incurred through claims of third parties against Talent or Managament based on the manufacture or sale of the Product including, but not limited to, actions founded on product liability.
e. Talent D. Management agrees to defend, indemnify, and hold Company, and its officers, directors, agents, and employees, harmless against all costs, expenses, and losses (including reasonable legal attorney fees and costs) incurred through claims of third parties against Company based on a breach by Talent Management of any representation and/or warranty made in this Agreement or with respect to any third-party claims for infringement involving the use of the Property by CompanyAgreement.
Appears in 1 contract
Samples: Talent Endorsement Agreement (Legacy Education Alliance, Inc.)
Representations, Warranties and Indemnity. a. Talent A. Athlete represents and warrants that he or she has not granted nor will he grant to others any other party any right, permission, or license right to use the Property Endorsement in connection with the advertisement, sale, or promotion of the Product or in connection with products those that are identical or substantially similar to the ProductProduct during the Term.
b. Talent B. Athlete further represents and warrants to Company that he has the full right, power, . and authority to grant the Property Endorsement herein.
c. Talent C. Athlete further represents and warrants that he or has not misrepresented or concealed anything with respect to his background that may have a prejudicial effect on the value of the endorsementEndorsement, that he is in good healthhealth and does not plan to retire during the Term of this Agreement, and that he has not engaged nor will he engage during the Term of this Agreement in any activity (criminal or otherwise) that could potentially have a negative impact on the Product.
d. D. Company agrees to defend, indemnify, . and hold Talent Athlete harmless against all costs, expenses, and losses (including reasonable attorney fees and costs) incurred through claims of third parties against Talent Athlete based on the manufacture or sale of the Product Product, including, but not limited to, actions founded on product liability.
e. Talent E. Athlete agrees to defend, indemnify, and hold Company, . and its officers, directors, agents, . and employees, harmless against all costs, expenses, . and losses tosses (including reasonable legal attorney fees and costs) incurred through claims of third parties against Company based on a breach by Talent Athlete of any representation and/or warranty made in this Agreement or with respect to any third-party claims for infringement involving the use of the Property by CompanyAgreement.
Appears in 1 contract
Samples: Endorsement Agreement (Dc Brands International Inc)