Common use of Avoidance of Claims and Mitigation of Damages Clause in Contracts

Avoidance of Claims and Mitigation of Damages. In the event that GP becomes aware of a potential claim of infringement with respect to the Licensed Works or any portion thereof that has been or may be asserted against GP, Licensee or any third party, GP may in its sole discretion (i) modify such Licensed Works so as to avoid such infringement or potential claim, (ii) procure for Licensee the right to continue using such Licensed Works or (iii) terminate any or all of the licenses granted in this Agreement pursuant to Section 6.5 above with respect to such Licensed Works. In the event that GP modifies any of the Licensed Works pursuant to this Section 9.2, Licensee shall promptly upon written notice from GP modify each Test Product so as to implement such modification of the Licensed Works.

Avoidance of Claims and Mitigation of Damages. In the event that GP becomes aware of a potential claim of infringement with respect to the Licensed Works or any portion thereof that has been or may be asserted against GP, Licensee Evaluation Laboratory or any third party, GP may in its sole discretion (i) modify such Licensed Works so as to avoid such infringement or potential claim, (ii) procure for Licensee Evaluation Laboratory the right to continue using such Licensed Works or (iii) terminate any or all of the licenses granted in this Agreement pursuant to Section 6.5 above with respect to such Licensed WorksWorks upon written notice. In the event that GP modifies any of the Licensed Works pursuant to this Section 9.2Section, Licensee Evaluation Laboratory shall promptly upon written notice thereof from GP modify each Test Product so as to cease providing security evaluations under the Evaluation Process and/or GP-related Consulting Service that incorporate, reference or implement such modification the unmodified version of the Licensed Works.

Avoidance of Claims and Mitigation of Damages. In the event that GP becomes aware of a potential claim of infringement with respect to the Licensed Works or any portion thereof that has been or may be asserted against GP, Licensee or any third party, GP may in its sole discretion (i) modify such Licensed Works so as to avoid such infringement or potential claim, (ii) procure for Licensee the right to continue using such Licensed Works or (iii) terminate any or all of the licenses granted in this Agreement pursuant to Section 6.5 above with respect to such Licensed Works. In the event that GP modifies any of the Licensed Works pursuant to this Section 9.2, Licensee shall promptly upon written notice thereof from GP modify each Test Product so as to cease providing GP-related Consulting Service that incorporate, reference or implement such modification the unmodified version of the Licensed Works.

Avoidance of Claims and Mitigation of Damages. In the event that GP becomes aware of a potential claim of infringement with respect to the Licensed Works or any portion thereof that has been or may be asserted against GP, Licensee CB or any third party, GP may in its sole discretion (i) modify such Licensed Works so as to avoid such infringement or potential claim, (ii) procure for Licensee CB the right to continue using such Licensed Works or (iii) terminate any or all of the licenses granted in this Agreement pursuant to Section 6.5 above with respect to such Licensed WorksWorks upon written notice. In the event that GP modifies any of the Licensed Works pursuant to this Section 9.2Section, Licensee CB shall promptly upon written notice thereof from GP modify each Test Product so as to cease providing security certifications under the Certification Services and/or GP-related Consulting Service that incorporate, reference or implement such modification the unmodified version of the Licensed Works.