Common use of Ownership and Use Clause in Contracts

Ownership and Use. Successful Respondent represents, warrants, and covenants that: (1) it is either the owner of, or is authorized to use, and possesses sufficient rights to grant the rights and licenses contained in this Agreement to, any and all Materials, Equipment, Systems and other resources or items utilized and/or provided by Successful Respondent and (2) that such Materials, Equipment, Systems, and other resources or items utilized and/or provided by Successful Respondent shall not infringe the IP Right of any third party. As to any such Materials, Equipment, Systems, resources, or items that Successful Respondent does not own, Successful Respondent shall advise DIR in writing as to the ownership and extent of Successful Respondent’s rights with regard to such Materials, Equipment, Systems, resources, or items to the extent any limitation in such rights would materially impair Successful Respondent’s performance of its obligations under this Agreement or the right and licenses granted by Successful Respondent under this Agreement.

Ownership and Use. Successful Respondent represents, warrants, and covenants that: (1) it is either the owner of, or is authorized to use, and possesses sufficient rights to grant the rights and licenses contained in this Agreement to, any and all Materials, Equipment, Systems and other resources or items utilized and/or provided by Successful Respondent and (2) that such Materials, Equipment, Systems, and other resources or items utilized and/or provided by Successful Respondent shall not infringe the IP Right of any third party, subject to the exceptions in Section 8.5.1. As to any such Materials, Equipment, Systems, resources, or items that Successful Respondent does not own, Successful Respondent shall advise DIR in writing as to the ownership and extent of Successful Respondent’s rights with regard to such Materials, Equipment, Systems, resources, or items to the extent any limitation in such rights would materially impair Successful Respondent’s performance of its obligations under this Agreement or the right and licenses granted by Successful Respondent under this Agreement.

Ownership and Use. Successful Respondent represents, warrants, and covenants that: (1) it is either the owner of, or is authorized to use, and possesses sufficient rights to grant the rights and licenses contained in this Agreement to, any and all Materials, Equipment, Systems and other resources or items utilized and/or provided by Successful Respondent and (2) that such Materials, Equipment, Systems, and other resources or items utilized and/or provided by Successful Respondent shall not infringe the United States IP Right of any third party. As to any such Materials, Equipment, Systems, resources, or items that Successful Respondent does not own, Successful Respondent shall advise DIR in writing as to the ownership and extent of Successful Respondent’s rights with regard to such Materials, Equipment, Systems, resources, or items to the extent any limitation in such rights would materially impair Successful Respondent’s performance of its obligations under this Agreement or the right and licenses granted by Successful Respondent under this Agreement.