Indemnification Remedy. If we reasonably believe your use of the MicroStrategy Products could result in an indemnification Claim under Section 7.a, then we will have the right, at our option and expense to: (i) replace or modify such MicroStrategy Product to make it non- infringing and of substantially equivalent functionality, (ii) procure for you the right to continue using such MicroStrategy Product under the terms of the Agreement, or (iii) if we are unable to accomplish either (i) or (ii) despite using our reasonable efforts after sixty (60) days, then either party may terminate the Agreement, in which case our sole liability, in addition to the indemnification obligations in this section, shall be to refund you any prepaid fees for the terminated MicroStrategy Product that was to be provided after the effective date of termination. c.
Appears in 5 contracts
Samples: Master Service Agreement, Master Service Agreement, Master Service Agreement
Indemnification Remedy. If we reasonably believe your use of the MicroStrategy Products could result in an indemnification Claim under Section 7.a, then we will have the right, at our option and expense to: (i) replace or modify such MicroStrategy Product to make it non- non-infringing and of substantially equivalent functionality, (ii) procure for you the right to continue using such MicroStrategy Product under the terms of the Agreement, or (iii) if we are unable to accomplish either (i) or (ii) despite using our reasonable efforts after sixty (60) days, then either party may terminate the Agreement, in which case our sole liability, in addition to the indemnification obligations in this section, shall be to refund you any prepaid fees for the terminated MicroStrategy Product that was to be provided after the effective date of termination. c..
Appears in 1 contract
Samples: Master Service Agreement
Indemnification Remedy. If we reasonably believe your use of the MicroStrategy Products could result in an indemnification Claim under Section 7.a, then we will have the right, at our option and expense to: (i) replace or modify such MicroStrategy Product to make it non- non-infringing and of substantially equivalent functionality, (ii) procure for you the right to continue using such MicroStrategy Product under the terms of the Agreement, or (iii) if we are unable to accomplish either (i) or (ii) despite using our reasonable efforts after sixty (60) days, then either party may terminate the Agreement, in which case our sole liability, in addition to the indemnification obligations in this section, shall be to refund you any prepaid fees for the terminated MicroStrategy Product that was to be provided after the effective date of termination. c.
Appears in 1 contract
Samples: Master Service Agreement