Common use of OSTEX REPRESENTATIONS AND WARRANTIES Clause in Contracts

OSTEX REPRESENTATIONS AND WARRANTIES. Ostex represents and warrants, as of the date of this Agreement, that: (a) Ostex is the owner and registrant of the trademarks issued registrations as indicated by ATTACHMENT 16.4; (b) Ostex is named as applicant in those applications indicated by ATTACHMENT 16.4 as pending; and (c) to the best of its knowledge, none of the Ostex trademarks infringes upon the trademark, trade name, or other proprietary rights of a third party. In the event that any action or proceeding is initiated against Ostex, Hologic, or any other licensee or distributor of Ostex in any country alleging that the trademark "Osteomark" infringes the trademark rights of the third party initiating such action or proceeding, Hologic may continue to market NTx Meter Strips within such country without the trademark "Osteomark" affixed thereto (but with such other trademark as Ostex may reasonably specify) pending resolution of the dispute as to trademark rights.

OSTEX REPRESENTATIONS AND WARRANTIES. Ostex represents and warrants, as of the date of this Agreement, that: (a) Ostex is the owner and registrant of the trademarks issued registrations as indicated by ATTACHMENT 16.415.4; (b) Ostex is named as applicant in those applications indicated by ATTACHMENT 16.4 15.4 as pending; and (c) to the best of its knowledge, none of the Ostex trademarks infringes upon the trademark, trade name, or other proprietary rights of a third party. In the event that any action or proceeding is initiated against Ostex, HologicMetrika, or any other licensee or distributor of Ostex either party in any country alleging that the trademark "Osteomark" infringes the trademark rights of the third party initiating such action or proceeding, Hologic Metrika may continue to market NTx Meter Strips NTx/Digital Response Devices within such country without the trademark "Osteomark" affixed thereto (but with such other trademark as Ostex may reasonably specify) pending resolution of the dispute as to trademark rights.