5.    REPRESENTATIONS AND WARRANTIES.
 

5.1    Representations and Warranties.

Each Party represents and warrants that it has full power and authority to enter into the Agreement and that upon execution and delivery hereof, this Agreement will constitute the valid and binding obligations of the party.  

Author hereby represents and warrants that: (a) it has and will maintain throughout the Term all rights, authorizations and licenses that are required in order for it to (i) fully perform its obligations hereunder, (ii) grant the rights and licenses granted herein, and (iii) permit HealthBreeze to exploit the Author Content as contemplated herein; and (b) HealthBreeze’s authorized use thereof does not infringe any third party’s Intellectual Property Rights.

5.2    Warranty Disclaimer.  

EXCEPT AS SET FORTH IN SECTION 5.1, THE PARTIES DISCLAIM ALL OTHER WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE SUBJECT MATTER HEREOF, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE.