SUBLICENSEE AND ASSIGNEE TO AGREE THAT THE PATENT RIGHTS ARE PROVIDED AS IS, AND THAT JHU MAKES NO REPRESENTATION OR WARRANTY WITH RESPECT TO THE PERFORMANCE OF THE INVENTION INCLUDING ITS SAFETY, EFFECTIVENESS, OR COMMERCIAL VIABILITY. JHU DISCLAIMS ALL WARRANTIES WITH REGARD TO THE INVENTION LICENSED UNDER THIS AGREEMENT, INCLUDING, BUT NOT LIMITED TO, ALL WARRANTIES, EXPRESS OR IMPLIED, OF MERCHANTABILITY AND FITNESS FOR ANY PARTICULAR PURPOSE. NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, JHU ADDITIONALLY DISCLAIMS ALL OBLIGATIONS AND LIABILITIES ON THE PART OF JHU AND INVENTORS, FOR DAMAGES, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, SPECIAL, AND CONSEQUENTIAL DAMAGES, ATTORNEYS AND EXPERTS FEES, AND COURT COSTS (EVEN IF JHU HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, FEES OR COSTS), ARISING OUT OF OR IN CONNECTION WITH THE MANUFACTURE, USE, OR SALE OF THE INVENTION LICENSED UNDER THIS AGREEMENT. FRANANO AND ANY LICENSEE, SUBLICENSEE AND ASSIGNEE ASSUME ALL RESPONSIBILITY AND LIABILITY FOR LOSS OR DAMAGE CAUSED BY A PRODUCT AND SERVICE (WHICH IS AN INVENTION AS DEFINED IN THIS AGREEMENT) MANUFACTURED, USED, OR SOLD, BY FRANANO, ANY LICENSEE, SUBLICENSEE, OR ASSIGNEE.
4.1 JHU and the Inventors will not, under the provisions of this Agreement or otherwise, have control over the manner in which FRANANO or those operating on FRANANOs account, practice the Invention. Therefore, only as to the such practice of the invention by Franano or those operating on his behalf or on his account, FRANANO shall defend and hold JHU, The Johns Hopkins Health Systems, their present and former trustees, officers, Inventors, agents, faculty, employees and students harmless as against any judgments, fees, expenses, or other costs arising from or incidental to any product liability or other lawsuit, claim, demand or other action brought as a consequence of FRANANOs said practice, whether or not JHU or Inventors, either jointly or severally, is named as a party defendant in any such lawsuit. Practice of the Invention by any licensee, assignee an agent or a third party who acquires rights from FRANANO, shall be considered FRANANOs practice of the Invention for purposes of this Paragraph. The obligation of FRANANO to defend and indemnify as set out in this Paragraph shall survive the termination of this Agreement.
5.1 FRANANO agrees to honor all obligations imposed by all sponsor(s) of research under which Invention was made, including, but not limited to, the obligations to the U.S. federal government under 37 CFR 401.9 regarding patent protection,