37.1  Warranties

(a)  The private party must warrant that, in performing its obligations under the project agreement:

(i)  it will not breach the intellectual property ("IP") rights or moral rights of any person;

(ii)  there are no security interests, and it will not allow any security interests to be created, over any IP it contributes to the project;

(iii)  subject to section 37.3, it has authority to grant to government the licence or other rights to be granted under the project agreement; and

(iv)  neither the use nor exercise by government (or any party authorised by government) of such IP rights will infringe any Law, or any IP or moral rights of any person.

(b)  If government contributes IP to the project, the scope of the warranty described in paragraph (a) will be adjusted to exclude matters warranted by government.150

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150  See section 37.6.