Warranties Indemnification. Contributors, jointly and severally, warrant and represent that (a) all Contributors have the full power and authority to enter into and execute this Agreement and to license the rights granted herein, and that such rights are not now subject to prior assignment, transfer, or other encumbrance; (b) the Contribution is the original work of Contributors (except for copyrighted material owned by others for which written permission has been obtained), has not been previously published in any form (except for any previous public distribution of the Contribution, which has been disclosed in writing to the Editor), and has been submitted only to the Journal; (c) the Contribution does not infringe the copyright or violate any proprietary rights, rights of privacy or publicity, or any other rights of any third party, and do not contain any material that is libelous or otherwise contrary to law; (d) all statements and presentation of data in the Contribution asserted as factual are either true or based on generally accepted professional research practices, and no formula or procedure contained therein would cause injury if used in accordance with the instructions and/or warnings included in the Contribution; and (e) any studies on which the Contribution is directly based were satisfactorily conducted in compliance with the governing Institutional Review Board (IRB) standards or were exempt from IRB requirements. In the event that any of the foregoing warranties or representations are breached, Contributors, jointly and severally, shall indemnify and hold harmless Proprietor, the Journal’s Editor, and Proprietor’s affiliates, assigns, and licensees (expressly including SAGE, if SAGE is not the Proprietor), against any losses, liabilities, damages, costs and expenses (including legal costs and expenses) arising from or resulting out of any claim or demand of any kind relating to such breach.
Appears in 8 contracts
Samples: Journal Contributor Publishing Agreement, Publishing Agreement, Publishing Agreement
Warranties Indemnification. Contributors, jointly and severally, warrant and represent that (a) all Contributors have the full power and authority to enter into and execute this Agreement and to license the rights granted herein, herein and that such rights are not now subject to prior assignment, transfer, or other encumbrance; (b) the Contribution is the original work of Contributors (except for copyrighted material owned by others for which written permission has been obtained), has not been previously published in any form (except for any previous public distribution of the Contribution, which has been disclosed in writing to the Editor), and has been submitted only to the Journal; (c) the Contribution does and Supplemental Materials, if any, do not infringe the copyright or violate any proprietary rights, rights of privacy or publicity, or any other rights of any third party, and do not contain any material that is libelous or otherwise contrary to law; (d) all statements and presentation of data in the Contribution and Supplemental Materials, if any, asserted as factual are either true or based on generally accepted professional research practices, practices and no formula or procedure contained therein would cause injury if used in accordance with the instructions and/or warnings included in the Contribution; and (e) any studies on which the Contribution is directly based were satisfactorily conducted in compliance with the governing Institutional Review Board (IRB) standards or were exempt from IRB requirements. In the event that any of the foregoing warranties or representations are breached, Contributors, jointly and severally, shall indemnify and hold harmless Proprietorthe Editor and SAGE, the Journal’s Editor, and Proprietor’s their affiliates, assigns, and licensees (expressly including SAGE, if SAGE is not the Proprietor)licensees, against any losses, liabilities, damages, costs and expenses (including legal costs and expenses) arising from or resulting out of any claim or demand of any kind relating to such breach.
Appears in 5 contracts
Samples: Publishing Agreement, Publishing Agreement, Sponsorship Agreement
Warranties Indemnification. ContributorsThe Corresponding Author represents that he/she has received written permission from each Contributor to sign this Agreement, jointly and severally, warrant to make the representations and represent warranties and transfer the rights transferred herein on each Contributor’s behalf. The Corresponding Author warrants and represents that (a) all Contributors have the full power and authority to enter into and execute this Agreement and to license convey the rights granted herein, and that such rights are not now subject to prior assignment, transfer, transfer or other encumbrance; (b) the Contribution is the original work of Contributors the Contributor(s) (except for copyrighted material owned by others for which written permission has been obtained), has not been previously published in any form (except for any previous public distribution of the Contribution, which has been disclosed in writing to the Editor)form, and has been submitted only to the Journal; (c) the Contribution does not infringe the copyright or violate any proprietary rights, rights of privacy or publicity, or any other rights of any third party, and do does not contain any material that is libelous or otherwise contrary to law; (d) all statements and presentation of data in the Contribution asserted as factual fact are either true or based on upon generally accepted professional research practices, and no formula or procedure contained therein would cause injury if used in accordance with the instructions and/or warnings included in the Contribution; and (e) any studies on which the Contribution is directly based were satisfactorily conducted in compliance with the governing Institutional Review Board (IRB) standards or were exempt from IRB requirements. In the event that any of the foregoing aforementioned warranties or representations are is breached, Contributors, jointly and severally, Corresponding Author shall indemnify and hold harmless Proprietorthe Society and SAGE, the Journal’s Editor, and Proprietor’s their affiliates, assigns, assigns and licensees (expressly including SAGE, if SAGE is not the Proprietor)licensees, against any losses, liabilities, damages, costs and expenses (including legal costs and expenses) arising from or resulting out of any claim or demand of any kind relating to such breach.
Appears in 2 contracts
Samples: Transfer of Copyright, Transfer of Copyright Agreement
Warranties Indemnification. Contributors, jointly and severally, warrant and represent that (a) all Contributors have the full power and authority to enter into and execute this Agreement and to license the rights granted herein, herein and that such rights are not now subject to prior assignment, transfer, or other encumbrance; (b) the Contribution is the original work of Contributors (except for copyrighted material owned by others for which written permission has been obtained), has not been previously published in any form (except for any previous public distribution of the Contribution, which has been disclosed in writing to the Editor),, and has been submitted only to the Journal; (c) the Contribution does and Supplemental Materials, if any, do not infringe the copyright or violate any proprietary rights, rights of privacy or publicity, or any other rights of any third party, and do does not contain any material that is libelous or otherwise contrary to law; (d) all statements and presentation of data in the Contribution and Supplemental Materials, if any, asserted as factual are either true or based on generally accepted professional research practices, practices and no formula or procedure contained therein would cause injury if used in accordance with the instructions and/or warnings included in the Contribution; and (e) any studies on which the Contribution is directly based were satisfactorily conducted in compliance with the governing Institutional Review Board (IRB) standards or were exempt from IRB requirements. In the event that any of the foregoing warranties or representations are breached, Contributors, jointly and severally, shall indemnify and hold harmless Proprietor, the Journal’s Editor, Society, and Proprietor’s SAGE, their affiliates, assigns, and licensees (expressly including SAGE, if SAGE is not the Proprietor)licensees, against any losses, liabilities, damages, costs and expenses (including legal costs and expenses) arising from or resulting out of any claim or demand of any kind relating to such breach.
Appears in 1 contract
Samples: Publishing Agreement
Warranties Indemnification. Contributors, jointly and severally, warrant and represent that (a) all Contributors have the full power and authority to enter into and execute this Agreement and to license the rights granted herein, herein and that such rights are not now subject to prior assignment, transfer, or other encumbrance; (b) the Contribution is the original work of Contributors (except for copyrighted material owned by others for which written permission has been obtained), has not been previously published in any form (except for any previous public distribution of the Contribution, which has been disclosed in writing to the Editor),, and has been submitted only to the Journal; (c) the Contribution does and Supplemental Materials, if any, do not infringe the copyright or violate any proprietary rights, rights of privacy or publicity, or any other rights of any third party, and do does not contain any material that is libelous or otherwise contrary to law; (d) all statements and presentation of data in the Contribution and Supplemental Materials, if any, asserted as factual are either true or based on generally accepted professional research practices, practices and no formula or procedure contained therein would cause injury if used in accordance with the instructions and/or warnings included in the Contribution; and (e) any studies on which the Contribution is directly based were satisfactorily conducted in compliance with the governing Institutional Review Board (IRB) standards or were exempt from IRB requirements. In the event that any of the foregoing warranties or representations are breached, Contributors, jointly and severally, shall indemnify indemnify, defend and hold harmless Proprietor, the Journal’s Editor, Society, and Proprietor’s SAGE, their affiliates, assigns, and licensees (expressly including SAGE, if SAGE is not the Proprietor)licensees, against any losses, liabilities, damages, costs and expenses (including legal costs and expenses) arising from or resulting out of any claim or demand of any kind relating to such breach. The terms of this provision shall survive the termination or expiration of this Agreement.
Appears in 1 contract
Samples: Publishing Agreement
Warranties Indemnification. Contributors, jointly and severally, warrant and represent that (a) all Contributors have the full power and authority to enter into and execute this Agreement and to license the rights granted herein, and that such rights are not now subject to prior assignment, transfer, or other encumbrance; (b) the Contribution is the original work of Contributors (except for copyrighted material owned by others for which written permission has been obtained), has not been previously published in any form (except for any previous public distribution of the Contribution, which has been disclosed in writing to the Editor), and has been submitted only to the Journal; (c) the Contribution does not infringe the copyright or violate any proprietary rights, rights of privacy or publicity, or any other rights of any third party, and do not contain any material that is libelous or otherwise contrary to law; (d) all statements and presentation of data in the Contribution asserted as factual are either true or based on generally accepted professional research practices, and no formula or procedure contained therein would cause injury if used in accordance with the instructions and/or warnings included in the Contribution; and (e) any studies on which the Contribution is directly based were satisfactorily conducted in compliance with the governing Institutional Review Board (IRB) standards or were exempt from IRB requirements. In the event that any of the foregoing warranties or representations are breached, Contributors, jointly and severally, shall indemnify and hold harmless Proprietor, the Journal’s Editor, and Proprietor’s affiliates, assigns, and licensees (expressly including SAGE, if SAGE is not the Proprietor), against any losses, liabilities, damages, costs and expenses (including legal costs and expenses) arising from or resulting out of any claim or demand of any kind relating to such breachbreach to the extent permitted by applicable state law.
Appears in 1 contract
Samples: Publishing Agreement
Warranties Indemnification. Contributors, jointly and severally, warrant and represent that (a) all Contributors have the full power and authority to enter into and execute this Agreement and to license assign the rights granted herein, and that such rights are not now subject to prior assignment, transfer, or other encumbrance; (b) the Contribution is the original work of Contributors (except for copyrighted material owned by others for which written permission has been obtained), has not been previously published in any form (except for any previous public distribution of the Contribution, which has been disclosed in writing to the Editor), and has been submitted only to the Journal; (c) the Contribution does not infringe the copyright or violate any proprietary rights, rights of privacy or publicity, or any other rights of any third party, and do not contain any material that is libelous or otherwise contrary to law; (d) all statements and presentation of data in the Contribution asserted as factual are either true or based on generally accepted professional research practices, and no formula or procedure contained therein would cause injury if used in accordance with the instructions and/or warnings included in the Contribution; and (e) any studies on which the Contribution is directly based were satisfactorily conducted in compliance with the governing Institutional Review Board (IRB) standards or were exempt from IRB requirements. In the event that any of the foregoing warranties or representations are breached, Contributors, jointly and severally, shall indemnify and hold harmless Proprietor, the Journal’s Editor, and Proprietor’s affiliates, assigns, and licensees (expressly including SAGE, if SAGE is not the Proprietor), against any losses, liabilities, damages, costs and expenses (including legal costs and expenses) arising from or resulting out of any claim or demand of any kind relating to such breach.
Appears in 1 contract
Samples: Transfer of Copyright
Warranties Indemnification. Contributors, jointly and severally, warrant and represent that (a) all Contributors have the full power and authority to enter into and execute this Agreement and to license the rights granted herein, herein and that such rights are not now subject to prior assignment, transfer, or other encumbrance; (b) the Contribution is the original work of Contributors (except for copyrighted material owned by others for which written permission has been obtained), has not been previously published in any form (except for any previous public distribution of the Contribution, which has been disclosed in writing to the Editor), and has been submitted only to the Journal; (c) the Contribution does not infringe the copyright or violate any proprietary rights, rights of privacy or publicity, or any other rights of any third party, and do not contain any material that is libelous or otherwise contrary to law; (d) all statements and presentation of data in the Contribution asserted as factual are either true or based on generally accepted professional research practices, practices and no formula or procedure contained therein would cause injury if used in accordance with the instructions and/or warnings included in the Contribution; and (e) any studies on which the Contribution is directly based were satisfactorily conducted in compliance with the governing Institutional Review Board (IRB) standards or were exempt from IRB requirements. In the event that any of the foregoing warranties or representations are breached, Contributors, jointly and severally, shall indemnify and hold harmless ProprietorNuffic, the Journal’s Editor, and Proprietor’s affiliates, assigns, and licensees (expressly including SAGE, if SAGE is not the Proprietor), against any losses, liabilities, damages, costs and expenses (including legal costs and expenses) arising from or resulting out of any claim or demand of any kind relating to such breach.
Appears in 1 contract
Warranties Indemnification. ContributorsThe Corresponding Author represents that he/she has received written permission from each Contributor to sign this Agreement, jointly and severally, warrant to make the representations and represent warranties and transfer the rights transferred herein on each Contributor’s behalf. The Corresponding Author warrants and represents that (a) all Contributors have the full power and authority to enter into and execute this Agreement and to license convey the rights granted herein, and that such rights are not now subject to prior assignment, transfer, transfer or other encumbrance; (b) the Contribution is the original work of Contributors the Contributor(s) (except for copyrighted material owned by others for which written permission has been obtained), has not been previously published in any form (except for any previous public distribution of the Contribution, which has been disclosed in writing to the Editor)form, and has been submitted only to the Journal; (c) the Contribution does not infringe the copyright or violate any proprietary rights, rights of privacy or publicity, or any other rights of any third party, and do does not contain any material that is libelous or otherwise contrary to law; (d) all statements and presentation of data in the Contribution asserted as factual fact are either true or based on upon generally accepted professional research practices, and no formula or procedure contained therein would cause injury if used in accordance with the instructions and/or warnings included in the Contribution; and (e) any studies on which the Contribution is directly based were satisfactorily conducted in compliance with the governing Institutional Review Board (IRB) standards or were exempt from IRB requirements. In the event that any of the foregoing aforementioned warranties or representations are is breached, Contributors, jointly and severally, shall Corresponding Author will indemnify and hold harmless Proprietorthe Association and SAGE, the Journal’s Editor, and Proprietor’s their affiliates, assigns, assigns and licensees (expressly including SAGE, if SAGE is not the Proprietor)licensees, against any losses, liabilities, damages, costs and expenses (including legal costs and expenses) arising from or resulting out of any claim or demand of any kind relating to such breach.
Appears in 1 contract
Samples: Transfer of Copyright
Warranties Indemnification. Contributors, jointly and severally, warrant and represent that (a) all Contributors have the full power and authority to enter into and execute this Agreement and to license the rights granted herein, herein and that such rights are not now subject to prior assignment, transfer, or other encumbrance; (b) the Contribution is the original work of Contributors (except for copyrighted material owned by others for which written permission has been obtained), has not been previously published in any form (except for any previous public distribution of the Contribution, which has been disclosed in writing to the Editor), and has been submitted only to the Journal; (c) the Contribution does not infringe the copyright or violate any proprietary rights, rights of privacy or publicity, or any other rights of any third party, and do not contain any material that is libelous or otherwise contrary to law; (d) all statements and presentation of data in the Contribution asserted as factual are either true or based on generally accepted professional research practices, practices and no formula or procedure contained therein would cause injury if used in accordance with the instructions and/or warnings included in the Contribution; and (e) any studies on which the Contribution is directly based were satisfactorily conducted in compliance with the governing Institutional Review Board (IRB) standards or were exempt from IRB requirements. In the event that any of the foregoing warranties or representations are breached, Contributors, jointly and severally, shall indemnify and hold harmless ProprietorSAGE, the Journal’s Editor, and Proprietor’s affiliates, assigns, and licensees (expressly including SAGESage, if SAGE Sage is not the Proprietor), against any losses, liabilities, damages, costs and expenses (including legal costs and expenses) arising from or resulting out of any claim or demand of any kind relating to such breach.
Appears in 1 contract
Samples: Contributor Publishing Agreement
Warranties Indemnification. Contributors, jointly and severally, warrant and represent that that: (a) all Contributors have the full power and authority to enter into and execute this Agreement and to license the rights granted herein, and that such rights are not now subject to prior assignment, transfer, or other encumbrance; (b) the Contribution is the original work of the Contributors (except for copyrighted material owned by others for which written permission has been obtained), has not been previously published in any form (except for any previous public distribution of the Contribution, which has been disclosed in writing to the Editor), and has been submitted only to the Journal; (c) the Contribution does and Supplemental Materials, if any, do not infringe the copyright or violate any proprietary rights, rights of privacy or publicity, or any other rights of any third party, and do does not contain any material that is libelous or otherwise contrary to law; (d) all statements and presentation of data in the Contribution and Supplemental Materials, if any, asserted as factual are either true or based on generally accepted professional research practices, and no formula or procedure contained therein would cause injury if used in accordance with the instructions and/or warnings included in the Contribution; and (e) any studies on which the Contribution is directly based were satisfactorily conducted in compliance with the governing Institutional Review Board (IRB) standards or were exempt from IRB requirements. In the event that any of the foregoing warranties or representations are breached, Contributors, jointly and severally, shall indemnify and hold harmless Proprietor, the Journal’s Editor, International Lactation Consultant Association, and Proprietor’s SAGE, their affiliates, assigns, assigns and licensees (expressly including SAGE, if SAGE is not the Proprietor)licensees, against any losses, liabilities, damages, costs and expenses (including legal costs and expenses) arising from or resulting out of any claim or demand of any kind relating to such breach.
Appears in 1 contract
Warranties Indemnification. Contributors, jointly and severally, warrant and represent that (a) all Contributors have the full power and authority to enter into and execute this Agreement and to license the rights granted herein, herein and that such rights are not now subject to prior assignment, transfer, or other encumbrance; (b) the Contribution is the original work of Contributors (except for copyrighted material owned by others for which written permission has been obtained), has not been previously published in any form (except for any previous public distribution of the Contribution, which has been disclosed in writing to the Editor), and has been submitted only to the Journal; (c) the Contribution does and Supplemental Materials, if any, do not infringe the copyright or violate any proprietary rights, rights of privacy or publicity, or any other rights of any third party, and do does not contain any material that is libelous or otherwise contrary to law; (d) all statements and presentation of data in the Contribution and Supplemental Materials, if any, asserted as factual are either true or based on generally accepted professional research practices, practices and no formula or procedure contained therein would cause injury if used in accordance with the instructions and/or warnings included in the Contribution; and (e) any studies on which the Contribution is directly based were satisfactorily conducted in compliance with the governing Institutional Review Board (IRB) standards or were exempt from IRB requirements. In the event that any of the foregoing warranties or representations are breached, Contributors, jointly and severally, shall indemnify indemnify, defend and hold harmless Proprietor, the Journal’s Editor, Society, and Proprietor’s SAGE, their affiliates, assigns, and licensees (expressly including SAGE, if SAGE is not the Proprietor)licensees, against any losses, liabilities, damages, costs and expenses (including legal costs and expenses) arising from or resulting out of any claim or demand of any kind relating to such breach. The terms of this provision shall survive the termination or expiration of this Agreement.
Appears in 1 contract
Warranties Indemnification. ContributorsThe Corresponding Author represents that he/she has received written permission from each Contributor to sign this Agreement, jointly and severally, warrant to make the representations and represent warranties and transfer the rights transferred herein on each Contributor’s behalf. The Corresponding Author warrants and represents that (a) all Contributors have the full power and authority to enter into and execute this Agreement and to license convey the rights granted herein, and that such rights are not now subject to prior assignment, transfer, transfer or other encumbrance; (b) the Contribution is the original work of Contributors the Contributor (s) (except for copyrighted material owned by others for which written permission has been obtained), has not been previously published in any form (except for any previous public distribution of the Contribution, which has been disclosed in writing to the Editor)form, and has been submitted only to the Journal; (c) the Contribution does not infringe the copyright or violate any proprietary rights, rights of privacy or publicity, or any other rights of any third party, and do does not contain any material that is libelous or otherwise contrary to law; (d) all statements and presentation of data in the Contribution asserted as factual fact are either true or based on upon generally accepted professional research practices, and no formula or procedure contained therein would cause injury if used in accordance with the instructions and/or warnings included in the Contribution; and (e) any studies on which the Contribution is directly based were satisfactorily conducted in compliance with the governing Institutional Review Board (IRB) standards standards, or were exempt from IRB requirementsrequirements and in conformance with the Code of Ethics of the American Educational Research Association. In the event that any of the foregoing aforementioned warranties or representations are is breached, Contributors, jointly and severally, Corresponding Author shall indemnify and hold harmless Proprietorthe Association and SAGE, the Journal’s Editor, and Proprietor’s their affiliates, assigns, assigns and licensees (expressly including SAGE, if SAGE is not the Proprietor)licensees, against any losses, liabilities, damages, costs and expenses (including legal costs and expenses) arising from or resulting out of any claim or demand of any kind relating to such breach.
Appears in 1 contract
Samples: Transfer of Copyright Agreement