Alternative Remedy. If a claim described in Paragraph 7(a) may or has been asserted, Customer will permit Idera, at Idera's option and expense, to (i) procure the right to continue using the Licensed Material, (ii) replace or modify the Licensed Material to eliminate the infringement while providing functionally equivalent performance or (iii) accept the return of the Licensed Material and refund to Customer the amount actually paid to Idera or its authorized representative for such Licensed Material, less depreciation based on a 3-year straight-line depreciation schedule.
Alternative Remedy. If a claim described in Paragraph 7(a) may or has been asserted, Customer will permit Froala, at Froala's option and expense, to (i) procure the right to continue using the Licensed Material, (ii) replace or modify the Licensed Material to eliminate the infringement while providing functionally equivalent performance or (iii) accept the return of the Licensed Material and refund to Customer the pro rata pre-paid amount for the remaining portion of the Initial Term or Renewal Term, as applicable.
Alternative Remedy. If a claim described in Paragraph 7(a) may or has been asserted, Customer will permit FusionCharts, at FusionCharts’ option and expense, to (i) procure the right to continue using the Licensed Material, (ii) replace or modify the Licensed Material to eliminate the infringement while providing functionally equivalent performance or (iii) accept the return of the Licensed Material and refund to Customer the pro rata pre- paid amount for the remaining portion of the Initial Term or Renewal Term, as applicable.
Alternative Remedy. Notwithstanding the provisions of this Agreement, on and after the occurrence of an Event of Default, Secured Party may (but shall not be obligated to) elect, in lieu of the remedies specified in Section 4 to retain all of the Pledged Collateral as full and complete liquidated damages for any amounts then due and owing by the Pledgor to Secured Party under the Obligation and other Obligation.
Alternative Remedy. If a claim described in Section 12(a.) may be or has ------------------ been asserted, Customer will permit CSG, at CSG's option and expense, to (i) procure the right to continue using the Product, (ii) replace or modify the Product to eliminate the infringement while providing functionally equivalent performance or (iii) accept the return of the Product and refund to Customer the amount of the fees actually paid to CSG and allocable for such Product, less amortization based on a 5-year straight-line authorization schedule and a pro rata share of any maintenance fees that Customer actually paid to CSG for the period that such Product was not usable.
Alternative Remedy. If a claim described in Section 8(a) may be or has been asserted, Customer will permit SNAP2, at SNAP2's option and expense, to (i) procure the right to continue using the Product, (ii) replace or modify the Product to eliminate the infringement while providing functionally equivalent performance or only if the remedies specified in (i) and (ii) are unavailable to SNAP2 on commercially reasonable terms, (iii) accept the return of the Product and refund to Customer the amount actually paid to SNAP2 for such Product, less depreciation based on a 5-year straight-line depreciation schedule and a pro rata share of any maintenance fees that Customer actually paid to SNAP2 for the period that such Product was not usable.
Alternative Remedy. If a claim described in Paragraph 7(a) may or has been asserted, Customer will permit Testmo, at Testmo's option and expense, to (i) procure the right to continue using the SaaS Service during the current Subscription Term or (ii) replace or modify the SaaS Service or the Licensed Material to eliminate the infringement while providing functionally equivalent performance. If neither of the foregoing remedies are practicable then Customer may terminate this Agreement and Testmo shall refund to Customer the pro rata portion of all pre-paid subscription fees actually paid by Customer for such SaaS Service in respect of the remaining portion of the current Subscription Term.
Alternative Remedy. Notwithstanding the provisions of Section 10 above, on and after an Event of Default, the Noble may (but shall not be obligated to) elect, in lieu of the remedies specified in Section 10, to retain all of the Pledged Collateral as full and complete liquidated damages for any amounts then due and owing by HCM to the Noble under the Note.
Alternative Remedy. If a claim described in Paragraph 7(a) may or has been asserted, Customer will permit Embarcadero, at Embarcadero's option and expense, to (i) procure the right to continue using the Licensed Material, (ii) replace or modify the Licensed Material to eliminate the infringement while providing functionally equivalent performance or (iii) accept the return of the Licensed Material and refund to Customer the amount actually paid to Embarcadero or its authorized representative for such Licensed Material, less depreciation based on a 3-year straight-line depreciation schedule.
Alternative Remedy. If a claim described in Section 8(a) may be or has been asserted, Customer will permit ISES, at ISES's option and expense, to (i) procure the right to continue using the Product, (ii) replace or modify the Product to eliminate the infringement while providing functionally equivalent performance or only if the remedies specified in (i) and (ii) are unavailable to ISES on commercially reasonable terms, (iii) accept the return of the Product and refund to Customer the amount actually paid to ISES for such Product, less depreciation based on a 5-year straight-line depreciation schedule and a pro rata share of any maintenance fees that Customer actually paid to ISES for the period that such Product was not usable.
