Common use of Continued Right to Use Clause in Contracts

Continued Right to Use. Supplier also agrees that, if its use of the Gap Infringement Trigger, or any part thereof becomes, or in Gap’s opinion is likely to become, the subject of an Gap Infringement Claim(s), Supplier will permit Gap, at Gap’s option and expense for all associated costs, either to timely procure the right for Supplier to continue to use the Gap Infringement Trigger, or part thereof, or to timely replace or modify the Gap Infringement Trigger with another item of comparable quality and performance capabilities to become non-infringing, provided such replacement or modification allows Gap to continue meeting its obligations under this Agreement. If such replacement causes an increase in Supplier’s expenditure of time or resources to deliver the Services, the Charges will be equitably adjusted. If Gap is unable, after exercising diligent efforts, to procure the above referenced rights, or modify or replace the Infringement Trigger, Gap may discontinue use of the Infringement Trigger but shall not be excused from any of its obligations under this Agreement.

Continued Right to Use. Supplier Gap also agrees that, if its use of the Gap Supplier Infringement Trigger, or any part thereof becomes, or in GapSupplier’s opinion is likely to become, the subject of an Gap a Supplier Infringement Claim(s), Supplier Gap will permit GapSupplier, at GapSupplier’s option and expense for all associated costs, either to timely procure the right for Supplier Gap to continue to use the Gap Supplier Infringement Trigger, or part thereof, or to timely replace or modify the Gap Supplier Infringement Trigger with another item of comparable quality and performance capabilities to become non-infringing, provided such replacement or modification allows Gap Supplier to continue meeting its obligations under provide the Services in accordance with this Agreement, including the Service Levels. If such replacement causes an increase in SupplierGap’s expenditure of time or resources to deliver in connection with the Services, the Charges will be equitably adjusted. If Gap Supplier is unable, after exercising diligent efforts, to procure the above referenced rights, or modify or replace the Infringement Trigger, Gap Supplier may discontinue use of the Infringement Trigger but shall not be excused from any of its obligations under this Agreement.

Continued Right to Use. Supplier Gap also agrees that, if its use of the Gap Supplier Infringement Trigger, or any part thereof becomes, or in GapSupplier’s opinion is likely to become, the subject of an Gap a Supplier Infringement Claim(s), Supplier Gap will permit GapSupplier, at GapSupplier’s option and expense for all associated costs, either to timely procure the right for Supplier Gap to continue to use the Gap Supplier Infringement Trigger, or part thereof, or to timely replace or modify the Gap Supplier Infringement Trigger with another item of comparable quality and performance capabilities to become non-infringing, provided such replacement or modification allows Gap Supplier to continue meeting its obligations under provide the Services in accordance with this Agreement, including the Service Levels. If such replacement causes an increase in SupplierGap’s expenditure of time or resources to deliver in connection with the Services, the Charges will be equitably adjusted. If Gap Supplier is unable, after exercising diligent efforts, to procure the above referenced rights, or modify or replace the Infringement Trigger, Gap Supplier may discontinue use of the Infringement Trigger but shall not be excused from any of its obligations under this Agreement.. Gap Confidential and Proprietary Information