Common use of Rights in Product Clause in Contracts

Rights in Product. As of the Effective Date, CVT warrants and represents that it has no knowledge of the existence of any patent or trademark owned or controlled by anyone other than CVT or an Affiliate which covers the Product and would prevent CVT from making, using, or selling the Product or would prevent CVT or Innovex from promoting or marketing the Product in the Territory. CVT is not aware of any patents or trademarks owned by Third Parties which would be infringed by the promotion or sale of the Product in the Territory. CVT is not pursuing any action against any Third Party which CVT believes infringes its trademark, copyright or patent relating to the Product. There are no actions, suits, claims or proceedings pending against CVT or any of its Affiliates in any court or before any agency in the Territory related to alleged patent, trademark, or copyright infringement in connection with the Product, and to the best of CVT's knowledge, no such actions, suits, claims or proceedings have been threatened. During the term of this Agreement, CVT will use diligent efforts not to diminish the rights granted to Innovex herein, including without limitation by not committing or permitting any acts or omissions which would cause the material breach of any agreements between CVT and Third Parties which provide for intellectual property rights applicable to the development, manufacture, use or sale of the Product in the Territory. As of the Effective Date, CVT is in compliance in all material respects with any such agreements with Third Parties.

Rights in Product. As of the Effective Date, CVT Discovery warrants and represents that it has no knowledge of the existence is not aware of any valid patent or trademark owned or controlled by anyone other than CVT Discovery or its licensors or an Affiliate thereof which covers the Product and which would prevent CVT Discovery from making, using, or selling the Product or would prevent CVT Discovery or Innovex Quintiles from promoting or marketing the Product in the Territory. CVT Discovery is not aware of any valid patents or trademarks owned by Third Parties which that would be infringed by the promotion or sale of the Product in the Territory. CVT Discovery is not pursuing any action against any Third Party which CVT that Discovery believes infringes its trademark, copyright or patent relating to the Product. There are no actions, suits, claims or proceedings pending against CVT Discovery or any of its Affiliates in any court or before any agency in the Territory related to alleged patent, trademark, or copyright infringement in connection with the Product, and to the best of CVTDiscovery's knowledge, no such actions, suits, claims or proceedings have been threatened. During the term of this Agreement, CVT Discovery will use commercially reasonable and diligent efforts not to diminish the rights granted to Innovex Quintiles herein, including without limitation by not committing or permitting any acts or omissions which would cause the material breach of any agreements between CVT Discovery and Third Parties which provide for intellectual property rights applicable to the development, manufacture, use or sale of the Product in the Territory. As of the Effective Date, CVT Discovery is in compliance in all material respects with any such agreements with Third Parties.