Common use of Discontinued Use Clause in Contracts

Discontinued Use. If, despite Successful Respondent’s commercially reasonable efforts to effect the alternatives set forth in Sections 17.2(a)-(c) above, the Parties determine that none of such alternatives are feasible, Successful Respondent may discontinue its use of such infringing or potentially infringing Materials, Equipment, or Services; provided, however, neither such right or such discontinuation shall limit nor expand DIR's rights or Successful Respondent’s obligations under the Agreement; nor shall such right or such discontinuation excuse any breach by Successful Respondent of its obligation to provide the Services and to provide the Services in a non-infringing manner.

Appears in 3 contracts

Samples: Master Services Agreement, Master Services Agreement, Master Services Agreement

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Discontinued Use. If, despite Successful Respondent’s commercially reasonable efforts to effect the alternatives set forth in Sections 17.2(a)-(c) Section 10.2.1 Obtain Rights through Section 10.2.3 Replacement above, the Parties determine that none of such alternatives are feasible, Successful Respondent may discontinue its use of such infringing or potentially infringing Materials, Equipment, or Services; provided, however, neither such right or such discontinuation shall limit nor expand DIR's rights or Successful Respondent’s obligations under the Agreement; nor shall such right or such discontinuation excuse any breach by Successful Respondent of its obligation to provide the Services and to provide the Services in a non-infringing manner.

Appears in 3 contracts

Samples: Mainframe Services Master Services Agreement, Master Services Agreement, Master Services Agreement

Discontinued Use. If, despite Successful Respondent’s commercially reasonable efforts to effect the alternatives set forth in Sections 17.2(a)-(c) 1 0.2.1 Obtain Rights through 1 0.2.3 Replacement above, the Parties determine that none of such alternatives are feasible, Successful Respondent may discontinue its use of such infringing or potentially infringing Materials, Equipment, or Services; provided, however, neither such right or such discontinuation shall limit nor expand DIR's rights or Successful Respondent’s obligations under the Agreement; nor shall such right or such discontinuation excuse any breach by Successful Respondent of its obligation to provide the Services and to provide the Services in a non-infringing manner.

Appears in 1 contract

Samples: Master Services Agreement

Discontinued Use. If, despite Successful Respondent’s commercially reasonable efforts to effect the alternatives set forth in Sections 17.2(a)-(c) Section 1 0.2.1 Obtain Rights through Section 1 0.2.3 Replacement above, the Parties determine that none of such alternatives are feasible, Successful Respondent may discontinue its use of such infringing or potentially infringing Materials, Equipment, or Services; provided, however, neither such right or such discontinuation shall limit nor expand DIR's rights or Successful Respondent’s obligations under the Agreement; nor shall such right or such discontinuation excuse any breach by Successful Respondent of its obligation to provide the Services and to provide the Services in a non-infringing manner.

Appears in 1 contract

Samples: Master Services Agreement

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Discontinued Use. If, despite Successful Respondent’s commercially reasonable efforts to effect the alternatives set forth in Sections 17.2(a)-(c14.2(a)-(c) above, the Parties determine that none of such alternatives are feasible, Successful Respondent may discontinue its use of such infringing or potentially infringing Materials, Equipment, or Services; provided, however, neither such right or such discontinuation shall limit nor expand DIR's rights or Successful Respondent’s obligations under the Agreement; nor shall such right or such discontinuation excuse any breach by Successful Respondent of its obligation to provide the Services and to provide the Services in a non-infringing manner.

Appears in 1 contract

Samples: Master Services Agreement

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