Common use of Warranty to Toshiba Clause in Contracts

Warranty to Toshiba. Vital Images hereby represents and warrants to Toshiba: (a) Vital Images owns or has the lawful right from others to grant the rights to market and distribute the Products as set forth in this Agreement; (b) Vital Images has entered into an agreement with PointDx, Inc. and has procured any necessary license from PointDx, Inc. to fulfill its obligations under this Agreement. Vital Images has no knowledge of any claim of infringement by the Products of any third party intellectual property rights, such as patents, copyrights, trade secrets or trademarks; and (c) Vital Images has taken all appropriate corporate action to authorize execution and performance of this Agreement.