Common use of Additional Remedy Clause in Contracts

Additional Remedy. If a Claim may be or has been asserted, Kaltura may, in its sole discretion, at its expense and to the extent reasonably possible: (i) procure Licensee the right to continue using the Software, Hosted Services, or the Kaltura Marks, as the case may be; or (ii) replace or modify them to eliminate the infringement while providing functionally equivalent performance.

Additional Remedy. If a Claim may be or has been asserted, Kaltura may, in its sole discretion, at its expense and to the extent reasonably possible: (i) procure Licensee the right to continue using the Kaltura Software, Hosted Services, or the Kaltura Marks, as the case may be; or (ii) replace or modify them to eliminate the infringement while providing functionally equivalent performance.