Common use of Further obligations regarding IPR Claims Clause in Contracts

Further obligations regarding IPR Claims. If an IPR Claim is made and XL is prevented from using the System or Documentation or receiving or using the Services, the Supplier must, at no cost to XL and without prejudice to the Supplier’s obligations under clause 38.2: (a) procure for XL the right to continue to Use the System or use the Documentation or Services or that part of the System, Documentation or Services (as the case may be) that is or are affected by the IPR Claim in accordance with the terms of this agreement; or (b) replace or modify the System, Documentation or Services or that part of the System, Documentation or Services (as the case may be) that is or are affected by the IPR Claim in a manner acceptable to XL and ensuring that: (i) there is no adverse effect on the functionality or performance of the System, Documentation and/or Services; (ii) the modified or replaced System, Documentation and/or Services (as the case may be) does not have an adverse effect on the XL systems or telecommunications networks; and (iii) the modified or replaced System, Documentation and/or Services (as the case may be) complies with the requirements of this agreement.

Further obligations regarding IPR Claims. If an IPR Claim is made and prevents XL is prevented from using the System Software or Documentation or receiving or using the Services, Services the Supplier must, at no cost to XL and without prejudice to the Supplier’s obligations under clause 38.226.2: (a) procure for XL the right to continue to Use the System Software or use the Documentation or Services or that part of the SystemSoftware, Documentation or Services (as the case may be) that is or are affected by the IPR Claim in accordance with the terms of this agreement; or (b) replace or modify the SystemSoftware, Documentation or Services or that part of the SystemSoftware, Documentation or the Services (as the case may be) that is or are affected by the IPR Claim in a manner acceptable to XL and ensuring that: (i) there is no adverse effect on the functionality or performance of the SystemSoftware, Documentation and/or Services; (ii) the modified or replaced SystemSoftware, Documentation and/or Services (as the case may be) does not have an adverse effect on the XL systems or telecommunications networks; and (iii) the modified or replaced System, Documentation and/or Services (as the case may be) complies with the requirements of this agreement.

Further obligations regarding IPR Claims. If an IPR Claim is made and prevents XL is prevented from using the System Software or Documentation or receiving or using the Services, Services the Supplier must, at no cost to XL and without prejudice to the Supplier’s obligations under clause 38.226.2: (a) procure for XL the right to continue to Use the System Software or use the Documentation or Services or that part of the SystemSoftware, Documentation or Services (as the case may be) that is or are affected by the IPR Claim in accordance with the terms of this agreement; or (b) replace or modify the SystemSoftware, Documentation or Services or that part of the SystemSoftware, Documentation or the Services (as the case may be) that is or are affected by the IPR Claim in a manner acceptable to XL and ensuring that: (i) there is no adverse effect on the functionality or performance of the SystemSoftware, Documentation and/or Services; (ii) the modified or replaced SystemSoftware, Documentation and/or Services (as the case may be) does not have an adverse effect on the XL systems or telecommunications networks; and (iii) the modified or replaced SystemSoftware, Documentation and/or Services (as the case may be) complies with the requirements of this agreement.