Common use of Alternative Remedy Clause in Contracts

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. 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- amount actually paid amount to FusionCharts or its authorized representative for the remaining portion of the Initial Term or Renewal Termsuch Licensed Material, as applicableless depreciation based on a 3-year straight-line depreciation schedule.