Common use of Additional Obligations for Infringement Claims Clause in Contracts

Additional Obligations for Infringement Claims. In addition to the requirements provided in 29.3(a) above, if any Nielsen Software, Nielsen Third Party Software or other material used by TCS to provide the Services becomes, or in TCS’ reasonable opinion is likely to become, the subject of an infringement or misappropriation Claim, Nielsen will, as directed by TCS: (i) promptly at Nielsen’s expense secure the right to continue using the item, or (ii) if this cannot be accomplished with Commercially Reasonable Efforts, then at Nielsen’s expense, replace or modify the item to make it non-infringing or without misappropriation; provided, however, that any such replacement or modification may not degrade the performance or quality of the affected components of TCS’ delivery of the Services, or (iii) if items 29.4(i) or 29.4(ii) cannot be accomplished with Commercially Reasonable Efforts, remove the infringing item from the scope of Services with no effect on the MCA.

Additional Obligations for Infringement Claims. In addition to the requirements provided in 29.3(aSection 29.1(d) above, if any Nielsen Software, Nielsen Third Party Software or other material item used by TCS (other than items provided by or on behalf of Nielsen) to provide the Services becomes, or in TCS’ reasonable opinion is likely to become, the subject of an infringement or misappropriation Claim, Nielsen TCS will, as directed by TCSNielsen: (i) promptly at Nielsen’s TCS’ expense secure the right to continue using the item, or (ii) if this cannot be accomplished with Commercially Reasonable Efforts, then at Nielsen’s TCS’ expense, replace or modify the item to make it non-infringing or without misappropriation; provided, however, that any such replacement or modification may not degrade the performance or quality of the affected components of TCS’ delivery of the ServicesServices or disrupt Nielsen’s business operations, or or (iii) if items 29.4(i29.2(i) or 29.4(ii29.2(ii) cannot be accomplished with Commercially Reasonable Efforts, remove the infringing item from the scope of Services with no effect on and reduce the MCAMCA by the amount that the scope of Services has been reduced because of the infringing item.

Additional Obligations for Infringement Claims. In addition to the requirements provided in 29.3(aSection 31.1(d) above, if any Nielsen Software, Nielsen Third Party Software or other material item used by TCS (other than items provided by or on behalf of Nielsen) to provide the Services becomes, or in TCS’ reasonable opinion is likely to become, the subject of an infringement or misappropriation Claim, Nielsen TCS will, as directed by TCSNielsen: (i) promptly at Nielsen’s TCS’ expense secure the right to continue using the item, or (ii) if this the obligation of clause (i) cannot be accomplished with Commercially Reasonable Efforts, then at Nielsen’s TCS’ expense, replace or modify the item to make it non-infringing or without misappropriation; provided, however, that any such replacement or modification may not degrade the performance or quality of the affected components of TCS’ delivery of the ServicesServices or disrupt Nielsen’s business operations, or (iii) if items 29.4(i31.2(i) or 29.4(ii31.2(ii) cannot be accomplished with Commercially Reasonable Efforts, remove the infringing item from the scope of Services with no effect on and reduce the MCAMCA by the amount that the scope of Services has been reduced because of the infringing item.

Additional Obligations for Infringement Claims. In addition to the requirements provided in 29.3(a31.3(a) above, if any Nielsen Software, Nielsen Third Party Software or other material used by TCS to provide the Services becomes, or in TCS’ reasonable opinion is likely to become, the subject of an infringement or misappropriation Claim, Nielsen will, as directed by TCS**: (i) promptly at Nielsen’s expense secure the right to continue using the item, or (ii) if this the obligation of clause (i) cannot be accomplished with Commercially Reasonable Efforts, then at Nielsen’s expense, replace or modify the item to make it non-infringing or without misappropriation; provided, however, that any such replacement or modification may not degrade the performance or quality of the affected components of TCS’ delivery of the Services, or (iii) if items 29.4(i31.4(i) or 29.4(ii31.4(ii) cannot be accomplished with Commercially Reasonable Efforts, remove the infringing item from the scope of Services with no effect on the MCA.