PRODUCTS IN DEVELOPMENT.
20
(B)
EXEGY HAS NOT RECEIVED ANY NOTIFICATION OR OTHER COMMUNICATION OF
THE EXISTENCE OF ANY DISPUTE OR DISAGREEMENT WITH RESPECT TO ANY AGREEMENT TO
WHICH EXEGY IS A PARTY, RELATING TO ANY OF EXEGY'S MARKS, PATENTS, COPYRIGHTS,
OR TRADE SECRETS (COLLECTIVELY, "EXEGY INTELLECTUAL PROPERTY"), AND TO THE
KNOWLEDGE OF EXEGY, THERE ARE NO SUCH THREATENED DISPUTES OR DISAGREEMENTS.
(C)
ALL FORMER AND CURRENT EMPLOYEES OF EXEGY HAVE EXECUTED WRITTEN
CONTRACTS WITH EXEGY THAT ASSIGN TO EXEGY ALL RIGHTS TO ANY INVENTIONS,
IMPROVEMENTS, DISCOVERIES, OR INFORMATION RELATING TO THE BUSINESS OF EXEGY. TO
THE KNOWLEDGE OF EXEGY, NO EMPLOYEE OF EXEGY OR ANY EXEGY SUBSIDIARY HAS ENTERED
INTO ANY CONTRACT THAT RESTRICTS OR LIMITS IN ANY WAY THE SCOPE OR TYPE OF WORK
IN WHICH THE EMPLOYEE MAY BE ENGAGED OR REQUIRES THE EMPLOYEE TO TRANSFER,
ASSIGN, OR DISCLOSE INFORMATION CONCERNING HIS WORK TO ANYONE OTHER THAN EXEGY.
(D)
ALL OF EXEGY'S PATENTS ARE CURRENTLY IN COMPLIANCE WITH FORMAL
LEGAL REQUIREMENTS (INCLUDING PAYMENT OF FILING, EXAMINATION, AND MAINTENANCE
FEES AND PROOFS OF WORKING OR USE), ARE VALID AND ENFORCEABLE, AND ARE NOT
SUBJECT TO ANY MAINTENANCE FEES OR TAXES OR ACTIONS EXCEPT WHERE THE FAILURE TO
HAVE SUCH OWNERSHIP OR LICENSE IS NOT REASONABLY LIKELY TO HAVE AN EXEGY
MATERIAL ADVERSE EFFECT.
(E)
EXEGY USES REASONABLE PROCEDURES TO KEEP ITS TRADE SECRETS
CONFIDENTIAL, AND EXEGY'S TRADE SECRETS HAVE BEEN DISCLOSED ONLY UNDER WRITTEN
AGREEMENTS THAT REQUIRE THE RECIPIENT TO HOLD SUCH TRADE SECRETS CONFIDENTIAL.
(F)
NO PATENT HAS BEEN OR IS NOW INVOLVED IN ANY INTERFERENCE,
REISSUE, REEXAMINATION, OR OPPOSITION PROCEEDING.
EXEGY HAS NOT RECEIVED
NOTIFICATION OF ANY POTENTIALLY INTERFERING PATENT OR PATENT APPLICATION OF ANY
THIRD PARTY.
(G)
TO THE KNOWLEDGE OF EXEGY, NO EXEGY INTELLECTUAL PROPERTY IS
INFRINGED OR, TO THE KNOWLEDGE OF EXEGY, HAS BEEN CHALLENGED OR THREATENED IN
ANY WAY. TO THE KNOWLEDGE OF EXEGY, NONE OF THE PRODUCTS MANUFACTURED AND SOLD
OR PROPOSED TO BE SOLD, NOR ANY PROCESS OR KNOW-HOW USED, BY EXEGY OR ANY
HYPERFEED SUBSIDIARY INFRINGES OR IS ALLEGED TO INFRINGE ANY PATENT OR OTHER
PROPRIETARY RIGHT OF ANY OTHER PERSON.
(H)
OTHER THAN THE SOFTWARE LICENSES SET FORTH IN THE EXEGY DISCLOSURE
SCHEDULE, EXEGY IS NOT REQUIRED TO MAKE ANY PAYMENTS TO ANY THIRD PARTIES IN
CONNECTION WITH THIRD PARTY TECHNOLOGY EMBEDDED IN THE EXEGY INTELLECTUAL
PROPERTY.
(I)
ALL PRODUCTS MADE, USED, OR SOLD UNDER THE EXEGY PATENTS HAVE
BEEN MARKED WITH THE PROPER PATENT NOTICE EXCEPT WHERE THE FAILURE TO HAVE SUCH
OWNERSHIP OR LICENSE IS NOT REASONABLY LIKELY TO HAVE AN EXEGY MATERIAL ADVERSE
EFFECT.
SECTION 6.16.
ENVIRONMENTAL MATTERS.
WITH SUCH EXCEPTIONS AS, INDIVIDUALLY OR
IN THE AGGREGATE, ARE NOT REASONABLY LIKELY TO HAVE AN EXEGY MATERIAL ADVERSE
EFFECT, (I) NO WRITTEN NOTICE, NOTIFICATION, DEMAND, REQUEST FOR INFORMATION,
SUMMONS, COMPLAINT OR ORDER HAS BEEN RECEIVED BY EXEGY OR ANY HYPERFEED
SUBSIDIARY, AND NO INVESTIGATION, ACTION, CLAIM, SUIT, PROCEEDING OR REVIEW IS
PENDING OR TO THE KNOWLEDGE OF EXEGY, THREATENED BY ANY PERSON AGAINST, EXEGY OR