Common use of VALIDITY AND INFRINGEMENT Clause in Contracts

VALIDITY AND INFRINGEMENT. CNSI makes no representation or warranty as to the validity of any of its patents and applications which are included in the CNSI Patent Rights, or as to the non-infringement of any Third Party patent(s) by the manufacture, use or sale of compounds or products or the practice of any processes or methods covered by the CNSI Patent Rights by CNSI, its Affiliates or licensees. However, CNSI does represent and warrant that as of the date hereof: (i) it is unaware of any publications or activities-including, without limitation, patents, articles, and public uses or sales, by it or others, which would or might invalidate any claim(s) of any patent or patent application included in the CNSI Patent Rights, (ii) it has not conducted, or has not commissioned the conducting of, any formal or informal infringement or validity studies regarding any patent or patent application included in the CNSI Patent Rights that it has not fully disclosed in writing to Allergan prior to the date hereof; (iii) it has disclosed to Allergan any Third Party patent(s) of which it is aware that might be infringed by the manufacture, use or sale of any compounds or products or the practice of any methods or processes covered by the CNSI Patent Rights by Allergan, its Affiliates or sublicensees, (iv) it does not have any outstanding and unresolved claim or accusation that any compounds or products manufactured, used or sold by CNSI or any methods or process practiced by CNSI which are included in the rights granted to Allergan in this Agreement or will be used by CNSI on carrying out its obligations under this Agreement infringes or may infringe any Third Party patent(s), and (v) it does not own or license any patents or patent applications not included in the CNSI Patent Rights which would be infringed by the manufacture, use or sale of any compounds or products or the practice of any methods or processes covered by the CNSI Patent Rights or included in the CNSI Technology by Allergan, its Affiliates or sublicensees.

VALIDITY AND INFRINGEMENT. CNSI Cortex makes no representation or ------------------------- warranty as to the validity of any of its patents and applications which are included in the CNSI Cortex Patent Rights, or as to the non-infringement of any Third Party patent(s) by the manufacture, use or sale of compounds or products or the practice of any processes or methods covered by the CNSI Cortex Patent Rights by CNSICortex, its Affiliates or licensees. However, CNSI Cortex does represent and warrant that to the best of its knowledge, as of the date hereof: (i) it is unaware of any publications or activities---including, without limitation, patents, articles, and public uses or sales, by it or others, which would or might invalidate any claim(s) of any patent or patent application included in the CNSI Cortex Patent Rights, (ii) it has not conductedconducted or had reported to it, or has not commissioned the conducting of, any formal or informal infringement or validity studies regarding any patent or patent application included in the CNSI Cortex Patent Rights that it has not fully disclosed in writing to Allergan Shire prior to the date hereof; (iii) it has disclosed to Allergan Shire any Third Party patent(s) of which it is aware that might be infringed by the manufacture, use or sale of any compounds or products or the practice of any methods or processes covered by the CNSI Cortex Patent Rights by AllerganShire, its Affiliates or sublicensees, (iv) it does is not have aware of any outstanding and unresolved claim or accusation whether outstanding or resolved that any compounds or products manufactured, used or sold by CNSI Cortex or any methods or process practiced by CNSI Cortex which are included in the rights granted to Allergan Shire in this Agreement or will be used by CNSI Cortex on carrying out its obligations under this Agreement infringes or may infringe any Third Party patent(s)) or other right, and (v) it does not own or license any patents or patent applications not included in the CNSI Cortex Patent Rights which would be infringed by the manufacture, use or sale of any compounds or products or the practice of any methods or processes covered by the CNSI Cortex Patent Rights or included in the CNSI Cortex Technology by AllerganShire, its Affiliates or sublicensees.

VALIDITY AND INFRINGEMENT. CNSI Cortex makes no representation or ------------------------- warranty as to the validity of any of its patents and applications which are included in the CNSI Cortex Patent Rights, or as to the non-infringement of any Third Party patent(s) by the manufacture, use or sale of compounds or products or the practice of any processes or methods covered by the CNSI Cortex Patent Rights by CNSICortex, its Affiliates or licensees. However, CNSI Cortex does represent and warrant that to the best of its knowledge as of the date hereof: (i) it is unaware of any publications or activities---including, without limitation, patents, articles, and public uses or sales, by it or others, which would or might invalidate any claim(s) of any patent or patent application included in the CNSI Cortex Patent Rights, (ii) it has not conducted, or has not commissioned the conducting of or received reports of, any formal or informal infringement or validity studies regarding any patent or patent application included in the CNSI Cortex Patent Rights that it has not fully disclosed in writing to Allergan Shire prior to the date hereof; (iii) it has disclosed to Allergan Shire any Third Party patent(s) of which it is aware that might be infringed by the manufacture, use or sale of any compounds or products or the practice of any methods or processes covered by the CNSI Patent Rights by AllerganShire, its Affiliates or sublicenseessublicensees of the Cortex Patent Rights, (iv) it does is not have aware of any outstanding and unresolved claim or accusation (whether outstanding or resolved) that any compounds or products manufactured, used or sold by CNSI Cortex or any methods or process practiced by CNSI Cortex which are included in the rights granted to Allergan Shire in this Agreement or will be used by CNSI Cortex on carrying out its obligations under this Agreement infringes or may infringe any Third Party patent(s), or other right, and (v) it does not own or license any patents or patent applications not included in the CNSI Cortex Patent Rights which would be infringed by the manufacture, use or sale of any compounds or products or the practice of any methods or processes covered by the CNSI Cortex Patent Rights or included in the CNSI Cortex Technology by AllerganShire, its Affiliates or sublicensees.