Enjoined Use. If we believe the Dataset may be or is subject to an infringement claim, or if a court of competent jurisdiction enjoins your use of the Dataset as a result of an infringement claim, vAIsual may, at our expense and our discretion: (a) procure for you the right to continue using the Dataset; (b) modify the Dataset to make it non-infringing; or (c) replace it with a non-infringing equivalent. If we believe that none of these options is reasonably available, then we may terminate the license to the allegedly infringing Dataset and our sole liability will be to refund to you the license fees you paid for such Dataset.
Enjoined Use. If Customer’s use of the Software or the System under the terms of this Agreement is, or in Provider’s opinion is likely to be, enjoined due to a claim of infringement or other violation of a third party's intellectual property rights, then Provider will, at its sole election and expense, either (a) obtain for Customer the right to continue using the Software or the System; (b) replace or modify the Software or System so that it becomes non-infringing provided such substitute or modified Software or System is functionally equivalent to the original or otherwise meets Customer’s needs, and is compatible with the same items as the original, and further provided that Provider reimburses Customer for data conversion and other costs reasonably incurred by Customer as a result of such modification or replacement; or (c) if such remedies are not reasonably available, promptly refund to Customer the pro rata unused portion of the fees paid to Provider, terminate this Agreement, and relieve Customer of any further payment obligations hereunder.
Enjoined Use. If Sprint's or the Company's use of any Service, Intellectual Property or any Documentation is enjoined as a consequence of a claim or action of the kind described in SECTION 15.2(A) hereof. Sprint shall rectify the situation by taking one (1) or more of the following actions at its own expense and shall, where commercially reasonable, honor the Company's express desire that they be attempted in the listed order of preference: (i) immediately procure for the Company the right to continue using the enjoined Services, Intellectual Property or Documentation;
Enjoined Use. If we believe a Product may be or is subject to an infringement claim, or if a court of competent jurisdiction enjoins your use of a Product as a result of an infringement claim, we may, at our expense and our discretion: (a) procure for you the right to continue using the Product; (b) modify the Product to make it non-infringing; or (c) replace it with a functional non-infringing equivalent. If we believe that none of these options is reasonably available, then we may terminate the license to the allegedly infringing Product and our sole liability will be to refund to you the license fees you paid for such Products, prorated over a five (5) year period from the date of their delivery to you.
Enjoined Use. (a) If SITA’s provision or WLP’s use of any Service is prohibited or enjoined as a consequence of a Claim and the cause of such prohibition or injunction is not subject to Section 9.3(a)(1)(i) through (iii) (Indemnification; Defenses) and is not based on WLP’s Intellectual Property, SITA shall take the following actions at its own expense and in the listed order of preference: (i) procure for WLP the right to continue using such Service; (ii) modify such Service so that it is non-infringing (provided that such modification does not impair the features or functions of the Service as detailed hereunder); or (iii) upon written notice to WLP, substitute for such Service a comparable, non-infringing Service. If neither (i) nor (ii) nor (iii) is reasonably commercially attainable, then SITA shall discontinue providing such Service to WLP and refund to WLP a pro rata amount of all fees paid by WLP for such Service in advance based upon the time of such discontinuance, and the Preferred Provider Commitment shall be reduced in accordance with Section 2.3 (Preferred Provider Commitment).
(b) The remedies provided for in this Section 9.5 shall be WLP’s sole remedies and SITA’s sole liability with respect to such enjoined use for the period that would be permitted under Section 11.3 (Performance Times) if the date of issuance of such injunction were deemed the commencement date of a Force Majeure Condition. Such period shall be in lieu of any other extensions of performance that might be available under Article 11 (Force Majeure) in connection with such injunction, and such deemed Force Majeure Condition shall only be available to excuse SITA’s non-performance once in connection with any injunction issued with respect to the affected service area regarding the same alleged infringement and related subject matter.
Enjoined Use. If any Omnicell System, including Commerce One, is held to infringe and use is enjoined, Promedix agrees to permit Omnicell, at Omnicell's option and expense, to:
(a) replace or modify the Omnicell System so that it becomes non-infringing; or
(b) procure for Promedix the right to continue to use the Omnicell System, or, if the foregoing alternatives are not reasonably available to Omnicell, (c) terminate this Agreement.
Enjoined Use. If the Promedix System is held to infringe and use of the Promedix System is enjoined, Omnicell agrees to permit Promedix, at Promedix's option and expense, to:
(a) replace or modify the Promedix System so that it becomes non-infringing; or (b) procure for Customer the right to continue to use the Promedix System, or, if the foregoing alternatives are not reasonably available to Promedix, (c) terminate this Agreement.
Enjoined Use. 21.1. In providing the “Intellectual Property Indemnification”, or if the use, sale, lease or other disposition by LACO of the products, or any part thereof, furnished pursuant to these terms and conditions are enjoined, Seller at its sole expense shall, at the option of Seller either: • obtain for LACO the right to so use, sell or lease the products, or • substitute an equivalent modified item suitable to LACO and extend the indemnity of this Article thereto or • xxxxx XXXX credit for the purchase price of the products.
Enjoined Use. In providing the indemnification under paragraph 21 of this agreement, or if the use, sale, lease or other disposition by NATIONAL of the products, or any part thereof, furnished pursuant to these terms and conditions are enjoined, Seller at its sole expense shall, at the option of Seller either:
a. obtain for NATIONAL the right to so use, sell or lease the products, or
b. substitute an equivalent modified item suitable to NATIONAL and extend the indemnity of this Article thereto, or:
c. in the event that neither clause (a) or (b) of this section can be reasonably accomplished by Seller, Seller shall grant NATIONAL credit for the purchase price of the infringing products.
