Effect of Claim. Executive also understands and agrees that in the event Executive, by himself, or in conjunction with Executive’s heirs, spouse, family members, executors, or administrators attempt to institute or do institute any charge, claim, suit or action against any of the Released Parties in violation of this Release, Executive shall be obligated, as an express condition of bringing such action, to tender back to Company the full amount of the compensation and benefits that Executive has received under the Agreement; and Executive further agrees that Executive will pay all of the Released Parties’ costs, expenses and fees of defending against such action, including, among other things, reasonable attorneys’ fees. The immediately prior sentence does not apply to claims under ADEA or to challenge the release of ADEA claims under this Release; provided, however, nothing in this Release is intended to reflect any party’s belief that Executive’s waiver of claims under ADEA is invalid or unenforceable under this Release, it being the intent of Executive and Company that such claims are waived. This Section 4 does not grant Executive an option to return the money and institute an action. Instead this paragraph merely creates an additional term and condition precedent to bringing an action regardless of the fact that such action is expressly barred by this Release, and is without merit.
Effect of Claim. If a Claim is made or, in ABB's reasonable belief, is likely to be asserted, ABB may, at no cost to Purchaser: (i) procure for Purchaser the right to continue to use the ABB Software, or continue to take the benefit of any Services, that are affected by the Claim in accordance with the terms and conditions of the Purchaser Contract; or (ii) modify or replace the infringing ABB Software or re-perform the applicable Services so that it becomes non-infringing (provided that the modified or replaced ABB Software or the re-performed Services, provide substantially the same performance and functionality and do not adversely affect the use of the Services or ABB Software); or (iii) if the remedies set forth in Section 11.2(i) and 11.2(ii) are not commercially feasible, as determined by ABB in its sole discretion, terminate the applicable Order, in whole or in part, and pay Purchaser a pro rata refund of the fees paid by ABB for the infringing Service or ABB Software.
Effect of Claim. If a Claim is made or, in our reasonable belief, is likely to be asserted, we may, at no cost to you: (i) procure for you the right to continue to take the benefit of any Services, that are affected by the Claim; or (ii) re-perform the applicable Services so that it becomes non-infringing; or (iii) terminate the provision of Services and/ or your access to the Portal, in whole or in part without any liability.
