Common use of Warranties, Indemnification, and Limitation of Liability Clause in Contracts

Warranties, Indemnification, and Limitation of Liability. a. The Author represents and warrants to the Publisher that: (i) the Author has the right and power to enter into this License, to grant the rights and licenses granted pursuant to this License, and to perform all of the Author’s other obligations contained in this License; (ii) the Author has not previously assigned, transferred or otherwise encumbered the rights or licenses granted pursuant to this License; and that the person executing this License on the Author’s behalf is authorized to do so; (iii) the Work and the licenses granted herein do not and will not infringe upon, violate or misappropriate any intellectual property rights or any other proprietary right, contract or other right or interest of any third party; (iv) if the Work is a multi-authored Work, the Author has obtained written permission from each author of the Work to enter into this License on behalf such author, and each such author has read, understands and has agreed to the terms of this License; (v) the Author has obtained any necessary releases and permissions to quote from other sources in the Work and to include any works and materials in the Work, including all releases from patients whose names or likenesses are submitted as part of the Work; all such releases and permissions are in full force and effect, and the Author will promptly provide any such release or permission to the Publisher upon request by the Publisher; (vi) neither the Work nor any content contained in the Work, in whole or in part, has been published or is being considered for publication other than in the Journal (as defined in Section 3.a.); (vii) the Author has disclosed to the Publisher, prior to or simultaneously with submission of the Work, all intellectual contributions, technical help, financial or material support, and all financial or other relationships that may constitute or lead to a conflict of interest;

Warranties, Indemnification, and Limitation of Liability. a. The Author represents and warrants to the Publisher that: (i) the Author has the right and power to enter into this License, to grant the rights and licenses granted pursuant to this License, and to perform all of the Author’s other obligations contained in this License; (ii) the Author has not previously assigned, transferred or otherwise encumbered the rights or licenses granted pursuant to this License; and that the person executing this License on the Author’s behalf is authorized to do so; (iii) the Work and the licenses granted herein do not and will not infringe upon, violate or misappropriate any intellectual property rights or any other proprietary right, contract or other right or interest of any third party; (iv) if the Work is a multi-authored multi‐authored Work, the Author has obtained written permission from each author of the Work to enter into this License on behalf such author, and each such author has read, understands and has agreed to the terms of this License; (v) the Author has obtained any necessary releases and permissions to quote from other sources in the Work and to include any works and materials in the Work, including all releases from patients whose names or likenesses are submitted as part of the Work; all such releases and permissions are in full force and effect, and the Author will promptly provide any such release or permission to the Publisher upon request by the Publisher; (vi) neither the Work nor any content contained in the Work, in whole or in part, has been published or is being considered for publication other than in the Journal (as defined in Section 3.a.); (vii) the Author has disclosed to the Publisher, prior to or simultaneously with submission of the Work, all intellectual contributions, technical help, financial or material support, and all financial or other relationships that may constitute or lead to a conflict of interest;

Warranties, Indemnification, and Limitation of Liability. a. The Author represents and warrants to the Publisher JBJS, Inc. that: (i) the Author has the right and power to enter into this License, to grant the rights and licenses granted pursuant to this License, and to perform all of the Author’s other obligations contained in this License; (ii) the Author has not previously assigned, transferred or otherwise encumbered the rights or licenses granted pursuant to this License; and that the person executing this License on the Author’s behalf is authorized to do so; (iii) the Work and the licenses granted herein do not and will not infringe upon, violate or misappropriate any intellectual property rights or any other proprietary right, contract or other right or interest of any third party; (iv) if the Work is a multi-authored Work, the Author has obtained written permission from each author of the Work to enter into this License on behalf of such author, and each such author has read, understands and has agreed to the terms of this License; (v) the Author has obtained any necessary releases and permissions to quote from other sources in the Work and to include any works and materials in the Work, including all releases from patients whose names or likenesses are submitted as part of the Work; all such releases and permissions are in full force and effect, and the Author will promptly provide any such release or permission to the Publisher upon request by the PublisherJBJS, Inc.; (vi) neither the Work nor any content contained in the Work, in whole or in part, has been published or is being considered for publication other than in the Journal (as defined in Section 3.a.); (vii) the Author has disclosed to the PublisherJBJS, Inc., prior to or simultaneously with submission of the Work, all intellectual contributions, technical help, financial or material support, and all financial or other relationships that may constitute or lead to a conflict of interest; (viii) the Work is not subject to any rights of copyright other than the copyright of the Author and each other author of the Work; (ix) the Work does not and will not violate the publicity or privacy rights of any third party, or libel or slander any third party; (x) the Work does not and will not contain any scandalous, obscene, or negligently prepared information; (xi) the Work is not and will not be fraudulent, plagiarized, or incorrectly attributed; (xii) no aspect of the Author’s personal or professional circumstances currently, or in the past 12 months, causes the Author to have a conflict of interest with respect to the Work that has not been disclosed; (xiii) neither the Author, nor any member of the Author’s immediate family, nor any individual or entity with whom or which the Author has or has had a significant working relationship has received anything of value from a commercial party related directly or indirectly to the subject of the Work that has not been disclosed; and (xiv) the Author has read and understands the statements on Schedule A and Schedule B and has completed both in their entirety. b. The Author hereby indemnifies JBJS, Inc. and its directors, officers, employees, agents, and representatives and agrees to defend and hold them harmless from and against any and all liability, damage, loss, costs or expenses (including reasonable attorney’s fees and costs of settlement) incurred by any such party arising out of, or relating to any misrepresentation in, a breach or alleged breach of the Author’s representations or warranties in this License. If the Author fails to promptly or diligently pursue any defense of any indemnified party, the indemnified parties, or any of them, may assume such defense at the Author’s expense. The obligations of this indemnification will survive any termination or expiration of this License.