Continued Use. In the event a court of competent jurisdiction resolves in a binding judgment that the Documentation, or any part thereof, infringe Intellectual Property of any third party, the Service Provider shall, at its own cost and expense, procure for the Principal the right of continued use of the Documentation, or part thereof infringing Intellectual Property of a third party.
Continued Use. At BlueCat’s sole expense and discretion, in response to any pending or potential infringement claim, BlueCat may: (a) procure for Reseller the right to continue using the Product or applicable portion thereof; (b) modify Product or applicable portion thereof so that it is non- infringing, provided the modified Product performs in substantially the same manner without reasonable degradation of functionality; or (c) terminate this Agreement either entirely or only as it relates to the Product in question or the applicable portion thereof and upon return of the Product in question or the applicable portion thereof or certification of destruction, refund to Reseller the unamortized or unexpensed portion of the purchase price allocated to that portion of the Product, based on a three-year straight line amortization, determined in accordance with BlueCat’s generally accepted accounting principles.
Continued Use. Continued use of facilities by any organization or individual(s) (the “Lessee”) shall be contingent upon following all of the policies, rules and regula- tions as prescribed by the university as well as applicable statutes and case law. Any continued usage agreement for facilities may be terminated for violations of any of the above.
Continued Use. Application for continued use of facilities must be renewed annually.
Continued Use. Notwithstanding anything to the contrary contained in this Clause 12, in the event of termination of this Agreement by reason of any breach by a Party, the other Party shall entitled to continue to use Confidential Information for the purpose of the activities of the JVC and such use of Confidential Information shall not be deemed to be a breach of the confidentiality obligation contained in this Article 12.
Continued Use. The COMPANY’s continued access, operation, or use of any or all of the Facilities shall constitute its acceptance of this Agreement, the Supplemental Terms and Conditions, the Amendments, and other terms and conditions governing the Facilities, including the applicable Fees and requirements that may be imposed by the BANK from time to time.
Continued Use. Until the Termination Date, unless otherwise agreed by Licensor, Licensee agrees to continue to use each of the Trademarks in accordance with applicable trademark laws and the license granted under the provisions of this Agreement.
Continued Use. Following notice of a claim or demand or a threatened or actual suit, the Contractor shall immediately, at its own expense, procure for the Manufacturer the right to continue the use of the products subject to such claim, demand or suit, or, having failed to obtain such rights, replace or modify such products to make them non-infringing, or, having failed to replace or modify the products, refund to the Manufacturer the purchase price of all unsold products. If the Manufacturer elects to replace or modify any of the products, such replacement or modification shall substantially meet the performance and interface specifications of the replaced or modified products.
Continued Use. If Wintec or any of Wintec’s Customers are prevented or are likely to be prevented from obtaining, selling, importing, or using Products by reason of any Claims relating to actual or potential infringement, as determined in Wintec’s reasonable judgment, then Manufacturer will, at its sole expense and in the following order: (i) obtain all rights required to permit the manufacture and sale of such Products by Manufacturer, and the sale, import, and use of the Products by or for Wintec and its customers; or (ii) modify or replace such Products to make them non-infringing, provided that any modification or replacement conforms to the requirements of this MPA. If Manufacturer is unable to achieve any option above within thirty (30) days after issuance of an injunction, then Manufacturer will promptly refund to Wintec the price and all shipping, storage, and related costs, of all affected Products that are returned or destroyed and Manufacturer shall assist Wintec in identifying alternative sources for the affected Products’ functionality. The obligations of Manufacturer under this Section 35.2 shall be in addition to its obligations of indemnity under this Section 35.
Continued Use. If a Product becomes, or in Supplier’s opinion, is likely to become the subject of a Claim under Section 12.1(a)(i), or any injunction preventing its use or sale as contemplated herein, Supplier will at its sole expense either: (i) obtain a license that allows the continued use, manufacture, import, support, sale and distribution of the Products, or (ii) replace or modify the Products so as to be non-infringing, or (iii) in the event that Supplier cannot achieve either (i) or (ii) above on commercially reasonable terms, [**] of Products returned to Supplier, depreciated on a straight-line basis over a [**] useful life, together with the costs for such return and, in addition, reimburse the reasonable costs incurred by Indemnified Parties for tooling, calibration, manufacturing, testing, and deployment of a replacement product. The obligations of Supplier under this Section 12.2 shall be in addition to its obligations of indemnity under this Section 12.
