Common use of By Iron Mountain Clause in Contracts

By Iron Mountain. If any portion of the Services becomes, or in Iron Mountain’s opinion is likely to become, the subject of a claim of infringement, Iron Mountain may, at Iron Mountain’s option: (a) procure for Customer the right to continue using the Services; (b) replace the Services with non- infringing services which do not materially impair the functionality of the Services; (c) modify the Services so that it becomes non-infringing; or (d) terminate the Agreement and refund any fees actually paid by Customer to Iron Mountain for the remainder of the term of any SOW then in effect, and upon such termination, Customer will immediately cease all use of the Documentation and Services. Notwithstanding the foregoing, Iron Mountain shall have no obligation under this section or otherwise with respect to any infringement claim based upon: (i) any use of the Services not in accordance with these Terms and Conditions or as specified in the Documentation; (ii) any use of the Services in combination with other products, equipment, software or data not supplied by Iron Mountain; (iii) any modification of the Services by any person other than Iron Mountain or its authorised agents or (iv) Customer’s breach of these Terms and Conditions. This subsection states the sole and exclusive remedy of Customer and the entire liability of Iron Mountain, or any of the officers, directors, employees, shareholders, contractors or representatives of the foregoing, for infringement or misappropriation claims and actions.

By Iron Mountain. If any portion of the Services becomes, or in Iron Mountain’s opinion Mountain’sopinion is likely to become, the subject of a claim of infringement, Iron Mountain may, at Iron Mountain’s optionMountain’soption: (a) procure for Customer the right to continue using continueusing the Services; (b) replace the Services with non- infringing services which do not materially impair the functionality thefunctionality of the Services; (c) modify the Services so that it becomes non-infringing; or (d) terminate the Agreement and refund any fees actually paid by Customer to Iron Mountain for the remainder of the term of any SOW then in effect, and upon such termination, Customer will immediately cease all use of the Documentation and Services. Notwithstanding the Notwithstandingthe foregoing, Iron Mountain shall have no obligation under obligationunder this section or otherwise with respect to any infringement claim based upon: (i) any use of the Services not in accordance with these Terms and Conditions or as specified in the Documentation; (ii) any use of the Services in combination with other products, equipment, software or data not supplied by Iron byIron Mountain; (iii) any modification of the Services by any person other than Iron Mountain or its authorised agents or (iv) Customer’s breach of these Terms and Conditions. This subsection states the sole and soleand exclusive remedy of Customer and the entire liability entireliability of Iron Mountain, or any of the officers, directors, employees, shareholders, contractors or representatives of the foregoing, for infringement or misappropriation claims and actions.

By Iron Mountain. If any portion of the Services becomes, or in Iron Mountain’s opinion is likely to become, the subject of a claim of infringement, Iron Mountain may, at Iron Mountain’s option: (a) procure for Customer the right to continue using the Services; (b) replace the Services with non- non-infringing services which do not materially impair the functionality of the Services; (c) modify the Services so that it becomes non-infringing; or (d) terminate the Agreement and refund any fees actually paid by Customer to Iron Mountain for the remainder of the term of any SOW then in effect, and upon such termination, Customer will immediately cease all use of the Documentation and Services. Notwithstanding the foregoing, Iron Mountain shall have no obligation under this section or otherwise with respect to any infringement claim based upon: (i) any use of the Services not in accordance with these Terms and Conditions or as specified in the Documentation; (ii) any use of the Services in combination with other products, equipment, software or data not supplied by Iron Mountain; (iii) any modification of the Services by any person other than Iron Mountain or its authorised agents or (iv) Customer’s breach of these Terms and Conditions. This subsection states the sole and exclusive remedy of Customer and the entire liability of Iron Mountain, or any of the officers, directors, employees, shareholders, contractors or representatives of the foregoing, for infringement or misappropriation claims and actions.