Common use of Discontinued Use Clause in Contracts

Discontinued Use. If, despite Contractor’s commercially reasonable efforts to effect the alternatives set forth in Sections 16.5(a), (b), and (c) above, the Parties determine that none of such alternatives are feasible, Contractor may discontinue its use of such infringing, potentially infringing or enjoined Work Product, Contractor Owned Material, or Services; provided, however, that neither such right nor such discontinuation shall limit or expand OCA’s rights or Contractor’s obligations under this Agreement; nor shall such right or such discontinuation excuse any breach by Contractor of its obligation to provide the Services in a non-infringing and non-enjoined manner.

Discontinued Use. If, despite Contractor’s commercially reasonable efforts to effect the alternatives set forth in Sections 16.5(a15.4(a), (b), and (c) above, the Parties determine that none of such alternatives are feasible, Contractor may discontinue its use of such infringing, potentially infringing or enjoined Work Product, Contractor Owned Material, or Services; provided, however, that neither such right nor such discontinuation shall limit or expand OCAAOC’s rights or Contractor’s obligations under this Agreement; nor shall such right or such discontinuation excuse any breach by Contractor of its obligation to provide the Services in a non-infringing and non-enjoined manner.