Common use of SPECIFIC WARRANTIES Clause in Contracts

SPECIFIC WARRANTIES. NDD hereby represents and warrants, (A) it has the full right, power and corporate authority to enter into this Agreement, and to make the promises and to grant the licenses set forth in this Agreement and there are no agreements, assignments or encumbrances inconsistent with the provisions of this Agreement; (B) it owns all right, title and interest in the Patent Rights by assignment or otherwise, and is not a sublicensee under any of the patents under the Patent Rights and Appendix 1.12 indicates the status of all Patent Rights and all applications are still pending in good standing and have not been abandoned; (C) it has disclosed all patents, patents pending, and patent applications in Appendix 1.12 which are owned by it or with respect to which it has the right to sublicense. (D) to the best of its knowledge, no actions are threatened or pending before any court or governmental agency or other tribunal relating to the Patent Rights; (E) the Patent Rights have not or will not be obtained through any tortious activity or omission or misrepresentation by NDD that would limit or destroy the validity of the Patent Rights and NDD has no knowledge or information that would impact on or affect the validity and/or enforceability of the Patent Rights.