Common use of Infringing Goods And Services Clause in Contracts

Infringing Goods And Services. Without limiting the above remedy, if AGILENT’s use of any Goods or receipt of any Service is enjoined because of any actual or claimed infringement of patent, trademark, copyright, trade secret or other intellectual property right of a third party (collectively, "Infringing Product"), Seller shall at its expense use its best efforts to procure the right for AGILENT to continue using or receiving the Infringing Product. If Seller is unable to do so, Seller shall at its expense (a) replace the Infringing Product with non-infringing goods or service (as applicable) without loss of functionality;

Appears in 9 contracts

Samples: www.agilent.com, www.agilent.com, www.agilent.com

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Infringing Goods And Services. Without limiting the above remedy, if AGILENT’s use of any Goods or receipt of any Service is enjoined because of any actual or claimed infringement of patent, trademark, copyright, trade secret or other intellectual property right of a third party (collectively, "Infringing Product"), Seller shall at its expense use its best efforts to procure the right for AGILENT to continue using or receiving the Infringing Product. If Seller is unable to do so, Seller shall at its expense (a) replace the Infringing Product with non-infringing goods or service (as applicable) without loss of functionality;expense

Appears in 5 contracts

Samples: www.agilent.com, www.agilent.com, www.agilent.com

Infringing Goods And Services. Without limiting the above remedy, if AGILENT’s use of any Goods or receipt of any Service is enjoined because of any actual or claimed infringement of patent, trademark, copyright, trade secret or other intellectual property right of a third party (collectively, "Infringing Product"), Seller shall at its expense use its best efforts to procure the right for AGILENT to continue using or receiving the Infringing Product. If Seller is unable to do so, Seller shall at its expense (a) replace the Infringing Product with non-infringing goods or service (as applicable) without loss of functionality;; (b) modify the

Appears in 1 contract

Samples: www.agilent.com

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Infringing Goods And Services. Without limiting the above remedy, if AGILENTXxxxx’s use of any Goods or receipt of any Service Services is enjoined because of any actual or claimed infringement of patent, trademark, copyright, trade secret or other intellectual property right of a third party (collectively, "Infringing Product"), Seller Supplier shall at its expense use its reasonable best efforts to procure the right for AGILENT Buyer to continue using or receiving the Infringing Product. If Seller Supplier is unable to do so, Seller shall Supplier shall, at its expense and Buyer’s option (a) replace the Infringing Product with non-infringing goods or service services (as applicable) without loss of functionality;

Appears in 1 contract

Samples: assets.ctfassets.net

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