Continued Right to Use. Supplier also agrees that, if its use of the Gap Infringement Trigger, or any part thereof becomes, or in Gap’s opinion is likely to become, the subject of an Gap Infringement Claim(s), Supplier will permit Gap, at Gap’s option and expense for all associated costs, either to timely procure the right for Supplier to continue to use the Gap Infringement Trigger, or part thereof, or to timely replace or modify the Gap Infringement Trigger with another item of comparable quality and performance capabilities to become non-infringing, provided such replacement or modification allows Gap to continue meeting its obligations under this Agreement. If such replacement causes an increase in Supplier’s expenditure of time or resources to deliver the Services, the Charges will be equitably adjusted. If Gap is unable, after exercising diligent efforts, to procure the above referenced rights, or modify or replace the Infringement Trigger, Gap may discontinue use of the Infringement Trigger but shall not be excused from any of its obligations under this Agreement.
Continued Right to Use. County also agrees that, if its use of the Supplier Infringement Trigger, or any part thereof becomes, or in Supplier’s opinion is likely to become, the subject of a Supplier Infringement Claim, County will permit Supplier, at Supplier’s option and expense for all associated costs, either to timely procure the right for County to continue to use the Supplier Infringement Trigger, or part thereof, or to timely replace or modify the Supplier Infringement Trigger with another item of comparable quality and performance capabilities to become non-infringing, provided such replacement or modification allows Supplier to provide the Services in accordance with this Agreement, including the Service Level Requirements. If any such replacement causes an increase in County’s expenditure of time or resources in connection with the Services, the Charges will be equitably adjusted. If Supplier is unable, after exercising diligent efforts, to procure the above-referenced rights, or modify or replace the Infringement Trigger, Supplier may discontinue use of the Infringement Trigger, but Supplier shall not be excused from any of its obligations under this Agreement.
Continued Right to Use. In the event that UBS has exercised its option in either Section 3.a. or 3.b., Xxxxx.xxx agrees that, should use of the Xxxxx.xxx Software, Xxxxx.xxx Platform, and/or documentation be enjoined by any court, or in Xxxxx.xxx's opinion is likely to be enjoined, without any fault by UBS, that Xxxxx.xxx will, at its sole option, use reasonable efforts to (i) promptly obtain the right to continue to use the items so enjoined, or (ii) provide UBS promptly with substitute items that are functionally equivalent to the enjoined items; or (iii) modify the item so that it is non-infringing.
Continued Right to Use. Should the Licensed Program or the Documentation become, or in EDS' opinion be likely to become, the subject of a claim of infringement of a copyright or patent, EDS will attempt to procure for Licensee the right to continue using the Licensed Program or Documentation, or replace or modify the Licensed Program or Documentation to make its use hereunder non-infringing. If with respect to the Licensed Program neither option is reasonably available in EDS' judgment, (i) Licensee shall return the Licensed Program and the Documentation to EDS, and (ii) the License Term, the Maintenance Service Term and any Extension Period and all of the rights granted hereunder shall terminate.
