Common use of Following notice of an Infringement Clause in Contracts

Following notice of an Infringement. Claim, Licensor may at its expense, without obligation to do so, procure for Licensee the right to continue to use the allegedly infringing Documentation and/or Licensed Programs, or any portion thereof (hereinafter the Product) or, without obligation to do so, may replace or modify the Product, or any portion thereof, to make it not infringing. If Licensor elects to replace or modify the Product, or any portion thereof, such replacement shall meet substantially the specifications as provided or referenced in the acceptance Criteria, or the functional specifications for any subsequent release of the product which Licensee has obtained pursuant hereto.