Common use of Avoidance of Infringement Clause in Contracts

Avoidance of Infringement. If Oxford believes that the Goods or any part thereof have become or may become the subject of an infringement claim, Oxford shall have the right, in its sole discretion, to (a) procure for Customer the right to continue using the Goods, (b) modify or replace the Goods with a substantially equivalent non-infringing substitute or (c) require the return of the Goods and terminate the rights, license and any other permissions provided to Customer with respect to the Goods and refund Customer the depreciated value of the returned Goods at the time of such return; provided, however, that no refund will be given for used-up or expired Consumables.

Avoidance of Infringement. If Oxford believes that the Goods Goods, Software or any part thereof have become or may become the subject of an infringement claim, Oxford shall have the right, in its sole discretion, to (a) procure for Customer the right to continue using the GoodsGoods or the Software, (b) modify or replace the Goods or the Software with a substantially equivalent non-infringing substitute or (c) require the return of the Goods and terminate the rights, license and any other permissions provided to Customer with respect to the Goods or the Software and refund Customer the depreciated value of the returned Goods or the Software at the time of such return; provided, however, that no refund will be given for used-up or expired Consumables.

Avoidance of Infringement. If Oxford believes that the Goods or Software or any part thereof have become or may become the subject of an infringement claim, Oxford shall have the right, in its sole discretion, to (a) procure for Customer the right to continue using the GoodsGoods or Software, (b) modify or replace the Goods or Software with a substantially equivalent non-infringing substitute or (c) require the return of the Goods and terminate the rights, license and any other permissions provided to Customer with respect to the Goods or Software and refund Customer the depreciated value of the returned Goods or Software at the time of such return; provided, however, that no refund will be given for used-up or expired Consumables.